Congressional Record, House, July 29, 2020 — H.R. 7575 Water Resources Development Act of 2020
Summary
Page H3927 of the House section of the Congressional Record for July 29, 2020, from a very long page on H.R. 7575, a water resources bill. A bill on ride-hailing companies, with an enhanced digital system to verify passengers and drivers, passes under suspended rules with an amended title. The water resources bill's table of contents lists sections including a GAO study on environmental banks, a study on water supply and conservation, and a PFAS review and inventory at Corps facilities. A speaker from the Dallas-Fort Worth area says the region depends on the Corps, and a roll call list follows.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“Congressional Record, House, July 29, 2020 — H.R. 7575 Water Resources Development Act of 2020.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-07-29-crec-2020-07-29-pt1-pgh3927-2-34f667a8bc/
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July 29, 2020 CONGRESSIONAL RECORD — HOUSE H3927
rules were suspended and the bill, as Sec. 118. Federal interest determination. Sec. 219. GAO study on administration of en-
amended, was passed. Sec. 119. Economically disadvantaged com- vironmental banks.
The title of the bill was amended so munity flood protection and Sec. 220. Study on Corps of Engineers con-
hurricane and storm damage re- cessionaire agreements.
as to read: ‘‘A bill to require ride-hail- Sec. 221. Study on water supply and water
duction study pilot program.
ing companies to implement an en- Sec. 120. Permanent measures to reduce conservation at water resources
hanced digital system to verify pas- emergency flood fighting needs development projects.
sengers with their authorized ride-hail- for communities subject to re- Sec. 222. PFAS review and inventory at
ing vehicles and drivers.’’. petitive flooding. Corps facilities.
A motion to reconsider was laid on Sec. 121. Emergency response to natural dis- Sec. 223. Report on recreational facilities.
the table. asters. TITLE III—DEAUTHORIZATIONS AND
Sec. 122. Study on natural infrastructure at MODIFICATIONS
f Corps of Engineers projects.
Sec. 123. Review of Corps of Engineers as- Sec. 301. Deauthorization of inactive
PERMISSION TO EXTEND DEBATE projects.
TIME ON H.R. 7575, WATER RE- sets.
Sec. 124. Sense of Congress on multipurpose Sec. 302. Abandoned and inactive noncoal
SOURCES DEVELOPMENT ACT OF projects. mine restoration.
2020 Sec. 125. Beneficial reuse of dredged mate- Sec. 303. Tribal partnership program.
rial; dredged material manage- Sec. 304. Lakes program.
Mr. DEFAZIO. Mr. Speaker, I ask Sec. 305. Watercraft inspection stations.
unanimous consent that debate under ment plans.
Sec. 126. Aquatic ecosystem restoration for Sec. 306. Rehabilitation of Corps of Engi-
clause 1(c) of rule XV on a motion to neers constructed dams.
anadromous fish.
suspend the rules relating to H.R. 7575 Sec. 127. Annual report to Congress. Sec. 307. Chesapeake Bay Environmental
be extended to 1 hour at the request of Sec. 128. Harmful algal bloom demonstra- Restoration and Protection
the minority. tion program. Program.
The SPEAKER pro tempore. Is there Sec. 129. Update on Invasive Species Policy Sec. 308. Upper Mississippi River System En-
Guidance. vironmental Management Pro-
objection to the request of the gen-
Sec. 130. Report on debris removal. gram.
tleman from Oregon? Sec. 309. McClellan-Kerr Arkansas River
Sec. 131. Missouri River interception-rearing
There was no objection. Navigation System.
complex construction.
f Sec. 132. Cost and benefit feasibility assess- Sec. 310. Ouachita-Black River Navigation
ment. Project, Arkansas.
WATER RESOURCES Sec. 311. Sacramento River, Glenn-Colusa,
Sec. 133. Materials, services, and funds for
DEVELOPMENT ACT OF 2020 repair, restoration, or rehabili- California.
Mr. DEFAZIO. Mr. Speaker, I move tation of projects. Sec. 312. Lake Isabella, California.
to suspend the rules and pass the bill Sec. 134. Levee safety. Sec. 313. Lower San Joaquin River flood con-
Sec. 135. National Dam Safety Program. trol project.
(H.R. 7575) to provide for improvements
Sec. 136. Rehabilitation of Corps of Engi- Sec. 314. San Diego River and Mission Bay,
to the rivers and harbors of the United neers constructed pump sta- San Diego County, California.
States, to provide for the conservation tions. Sec. 315. San Francisco, California, Water-
and development of water and related Sec. 137. Non-Federal Project Implementa- front Area.
resources, and for other purposes, as tion Pilot Program. Sec. 316. Western Pacific Interceptor Canal,
amended. Sec. 138. Definition of economically dis- Sacramento River, California.
The Clerk read the title of the bill. advantaged community. Sec. 317. Rio Grande Environmental Man-
The text of the bill is as follows: Sec. 139. Cost sharing provisions for terri- agement Program, Colorado,
tories and Indian Tribes. New Mexico, and Texas.
H.R. 7575
Sec. 140. Flood control and other purposes. Sec. 318. New London Harbor Waterfront
Be it enacted by the Senate and House of Rep- Sec. 141. Review of contracting policies. Channel, Connecticut.
resentatives of the United States of America in Sec. 142. Buy America. Sec. 319. Washington Harbor, District of Co-
Congress assembled, Sec. 143. Annual report on status of feasi- lumbia.
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. bility studies. Sec. 320. Big Cypress Seminole Indian Res-
(a) SHORT TITLE.—This Act may be cited as TITLE II—STUDIES AND REPORTS ervation Water Conservation
the ‘‘Water Resources Development Act of Sec. 201. Authorization of proposed feasi- Plan, Florida.
2020’’. bility studies. Sec. 321. Central Everglades, Florida.
(b) TABLE OF CONTENTS.—The table of con- Sec. 202. Expedited completions. Sec. 322. Miami River, Florida.
tents for this Act is as follows: Sec. 203. Feasibility study modifications. Sec. 323. Julian Keen, Jr. Lock and Dam,
Sec. 1. Short title; table of contents. Sec. 204. Selma, Alabama. Moore Haven, Florida.
Sec. 2. Secretary defined. Sec. 205. Comprehensive study of the Sac- Sec. 324. Taylor Creek Reservoir and Levee
TITLE I—GENERAL PROVISIONS ramento River, Yolo Bypass, L–73 (Section 1), Upper St.
Sec. 101. Budgetary treatment expansion California. Johns River Basin, Florida.
Sec. 206. Lake Okeechobee regulation sched- Sec. 325. Calcasieu River and Pass, Lou-
and adjustment for the Harbor
ule, Florida. isiana.
Maintenance Trust Fund.
Sec. 102. Funding for navigation. Sec. 207. Great Lakes Coastal Resiliency Sec. 326. San Juan-Chama project; Abiquiu
Sec. 103. Annual report to Congress on the Study. Dam, New Mexico.
Harbor Maintenance Trust Sec. 208. Rathbun Lake, Chariton River, Sec. 327. Pawcatuck River, Little Narragan-
Fund. Iowa. sett Bay and Watch Hill Cove,
Sec. 104. Additional measures at donor ports Sec. 209. Report on the status of restoration Rhode Island and Connecticut.
and energy transfer ports. in the Louisiana coastal area. Sec. 328. Harris County, Texas.
Sec. 105. Assumption of maintenance of a lo- Sec. 210. Lower Mississippi River com- Sec. 329. Cap Sante Waterway, Washington.
cally preferred plan. prehensive study. Sec. 330. Regional sediment management.
Sec. 106. Coast Guard anchorages. Sec. 211. Upper Mississippi River Com- Sec. 331. Additional assistance for critical
Sec. 107. State contribution of funds for cer- prehensive Plan. projects.
tain operation and maintenance Sec. 212. Lower Missouri Basin Flood Risk Sec. 332. Project modification authoriza-
costs. and Resiliency Study, Iowa, tions.
Sec. 108. Inland waterway projects. Kansas, Nebraska, and Mis- Sec. 333. Application of credit.
Sec. 109. Implementation of water resources souri. Sec. 334. Project reauthorizations.
principles and requirements. Sec. 213. Portsmouth Harbor and Piscataqua Sec. 335. Conveyances.
Sec. 110. Resiliency planning assistance. River and Rye Harbor, New Sec. 336. Repeals.
Sec. 111. Project consultation. Hampshire. TITLE IV—WATER RESOURCES
Sec. 112. Review of resiliency assessments. Sec. 214. Cougar and Detroit Dams, Willam- INFRASTRUCTURE
Sec. 113. Small flood control projects. ette River Basin, Oregon. Sec. 401. Project authorizations.
Sec. 114. Conforming amendment. Sec. 215. Port Orford, Oregon. Sec. 402. Special rules.
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Sec. 115. Feasibility studies; review of nat- Sec. 216. Wilson Creek and Sloan Creek,
Sec. 403. Authorization of projects based on
ural and nature-based features. Fairview, Texas.
feasibility studies prepared by
Sec. 116. Report on corrosion prevention ac- Sec. 217. GAO study on mitigation for water
non-Federal interests.
tivities. resources development projects.
Sec. 117. Quantification of benefits for flood Sec. 218. GAO study on application of Har- TITLE V—BUDGETARY EFFECTS
risk management projects in bor Maintenance Trust Fund Sec. 501. Determination of Budgetary Ef-
seismic zones. expenditures. fects.
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H3928 CONGRESSIONAL RECORD — HOUSE July 29, 2020
SEC. 2. SECRETARY DEFINED. subparagraph (A) at an emerging harbor ‘‘(D) An activity to maintain slope sta-
In this Act, the term ‘‘Secretary’’ means that— bility at a berth in a harbor that is acces-
the Secretary of the Army. ‘‘(i) supports commercial activities, includ- sible to a Federal navigation project if such
TITLE I—GENERAL PROVISIONS ing commercial fishing operations, commer- activity benefits commercial navigation at
SEC. 101. BUDGETARY TREATMENT EXPANSION cial fish processing operations, recreational the harbor.’’.
AND ADJUSTMENT FOR THE HAR- and sport fishing, and commercial boat SEC. 103. ANNUAL REPORT TO CONGRESS ON THE
BOR MAINTENANCE TRUST FUND. yards; or HARBOR MAINTENANCE TRUST
(a) IN GENERAL.—Section 14003 of division ‘‘(ii) supports activities of the Secretary of FUND.
B of the CARES Act (Public Law 116–136) is the department in which the Coast Guard is Section 330 of the Water Resources Devel-
amended to read as follows: operating. opment Act of 1992 (26 U.S.C. 9505 note; 106
‘‘SEC. 14003. Section 251(b)(2) of the Bal- ‘‘(C) COST-SHARING REQUIREMENTS.—The Stat. 4851) is amended—
anced Budget and Emergency Deficit Control Secretary shall require a non-Federal inter- (1) in subsection (a)—
Act of 1985 (2 U.S.C. 901(b)(2)) is amended by est to contribute not less than 25 percent of (A) by striking ‘‘and annually thereafter,’’
adding at the end the following: the costs for maintenance dredging of that and inserting ‘‘and annually thereafter con-
‘‘ ‘(H) HARBOR MAINTENANCE ACTIVITIES.—If, portion of a maintenance dredging project current with the submission of the Presi-
for any fiscal year, appropriations for the described in subparagraph (A) that is located dent’s annual budget request to Congress,’’;
Construction, Mississippi River and Tribu- outside of the Federal navigation project, and
taries, and Operation and Maintenance ac- which may be provided as an in-kind con- (B) by striking ‘‘Public Works and Trans-
counts of the Corps of Engineers are enacted tribution, including through the use of portation’’ and inserting ‘‘Transportation
that are derived from the Harbor Mainte- dredge equipment owned by non-Federal in- and Infrastructure’’; and
nance Trust Fund established under section terest to carry out such activities.’’; and (2) in subsection (b)(1) by adding at the end
9505(a) of the Internal Revenue Code of 1986 (3) by adding at the end the following: the following:
and that the Congress designates in statute ‘‘(5) EMERGENCY EXPENDITURES.—Nothing ‘‘(D) A description of the expected expendi-
as being for harbor operations and mainte- in this subsection prohibits the Secretary tures from the trust fund to meet the needs
nance activities, then the adjustment for from making an expenditure to pay for the of navigation for the fiscal year of the budg-
that fiscal year shall be the total of such ap- operation and maintenance costs of a spe- et request.’’.
propriations that are derived from such Fund cific harbor or inland harbor, including the SEC. 104. ADDITIONAL MEASURES AT DONOR
and designated as being for harbor oper- PORTS AND ENERGY TRANSFER
transfer of funding from the operation and
ations and maintenance activities.’.’’. PORTS.
maintenance of a separate project, if—
(b) EFFECTIVE DATE.—The amendment (a) DEFINITIONS.—Section 2106(a) of the
‘‘(A) the Secretary determines that the ac-
made by subsection (a) shall take effect as if Water Resources Reform and Development
tion is necessary to address the navigation Act of 2014 (33 U.S.C. 2238c(a)) is amended—
included in the enactment of the CARES Act
needs of a harbor or inland harbor where safe (1) in paragraph (3)(A)—
(Public Law 116–136).
navigation has been severely restricted due (A) by amending clause (ii) to read as fol-
SEC. 102. FUNDING FOR NAVIGATION.
to an unforeseen event; and lows:
(a) FUNDING FOR NAVIGATION.—Section 210
‘‘(B) the Secretary provides within 90 days ‘‘(ii) at which the total amount of harbor
of the Water Resources Development Act of
of the action notice and information on the maintenance taxes collected (including the
1986 (33 U.S.C. 2238) is amended, in the sec-
need for the action to the Committee on En- estimated taxes related to domestic cargo
tion heading, by striking ‘‘AUTHORIZATION OF
vironment and Public Works and the Com- and cruise passengers) comprise not less
APPROPRIATIONS’’ and inserting ‘‘FUNDING FOR
NAVIGATION’’.
mittee on Appropriations of the Senate and than $15,000,000 annually of the total funding
(b) OPERATION AND MAINTENANCE OF HAR- the Committee on Transportation and Infra- of the Harbor Maintenance Trust Fund in
BOR PROJECTS.—Section 210(c) of the Water structure and the Committee on Appropria- each of the previous 3 fiscal years;’’;
Resources Development Act of 1986 (33 U.S.C. tions of the House of Representatives.’’. (B) in clause (iii), by inserting ‘‘(including
2238(c)) is amended— (c) PRIORITIZATION.—Section 210 of the the estimated taxes related to domestic
(1) by amending paragraph (1) to read as Water Resources Development Act of 1986 (33 cargo and cruise passengers)’’ after ‘‘taxes
follows: U.S.C. 2238) is amended by striking sub- collected’’; and
‘‘(1) IN GENERAL.—For each fiscal year, of section (d) and redesignating subsections (e) (C) in clause (iv), by striking ‘‘fiscal year
the funds made available under this section and (f) as subsections (d) and (e), respec- 2012’’ and inserting ‘‘each of the previous 3
(including funds appropriated from the Har- tively. fiscal years’’;
bor Maintenance Trust Fund), the Secretary (d) ASSESSMENT OF HARBORS AND INLAND (2) in paragraph (5)(B), by striking ‘‘fiscal
shall make expenditures to pay for operation HARBORS.—Section 210(d)(2)(A)(ii) of the year 2012’’ each place it appears and insert-
and maintenance costs of the harbors and in- Water Resources Development Act of 1986 (as ing ‘‘each of the previous 3 fiscal years’’;
land harbors referred to in subsection (a)(2), so redesignated) is amended by striking ‘‘ex- (3) by redesignating paragraph (8) as para-
using— panded uses at eligible harbors or inland har- graph (9) and inserting after paragraph (7)
‘‘(A) not less than 20 percent of such funds bors referred to in subsection (d)(2)’’ and in- the following:
for emerging harbor projects, to the extent serting ‘‘uses described in paragraphs (1)(C) ‘‘(8) HARBOR MAINTENANCE TRUST FUND.—
there are identifiable operations and mainte- and (3) of subsection (c)’’. The term ‘Harbor Maintenance Trust Fund’
nance needs, including eligible breakwater (e) DEFINITIONS.—Section 210(e) of the means the Harbor Maintenance Trust Fund
and jetty needs, at such harbor projects; Water Resources Development Act of 1986 (as established by section 9505 of the Internal
‘‘(B) not less than 12 percent of such funds so redesignated) is amended— Revenue Code of 1986.’’; and
for projects that are located within the (1) by striking paragraphs (6) through (9); (4) in paragraph (9), as so redesignated—
Great Lakes Navigation System; (2) by redesignating paragraphs (3) through (A) by amending subparagraph (B) to read
‘‘(C) 10 percent of such funds for expanded (5) as paragraphs (4) through (6), respec- as follows:
uses carried out at donor ports, as such term tively; ‘‘(B) at which the total amount of harbor
is defined in section 2106 of the Water Re- (3) by striking paragraph (2) and inserting maintenance taxes collected (including the
sources Reform and Development Act of 2014 the following: estimated taxes related to domestic cargo
(33 U.S.C. 2238c); and ‘‘(2) EMERGING HARBOR.—The term ‘emerg- and cruise passengers) comprise annually
‘‘(D) any remaining funds for operation and ing harbor’ means a harbor or inland harbor more than $5,000,000 but less than $15,000,000
maintenance costs of any harbor or inland referred to in subsection (a)(2) that transits of the total funding of the Harbor Mainte-
harbor referred to in subsection (a)(2) based less than 1,000,000 tons of cargo annually. nance Trust Fund in each of the previous 3
on an equitable allocation of such funds ‘‘(3) EMERGING HARBOR PROJECT.—The term fiscal years;’’;
among such harbors and inland harbors.’’; ‘emerging harbor project’ means a project (B) in subparagraph (C), by inserting ‘‘(in-
(2) by amending paragraph (3) to read as that is assigned to an emerging harbor.’’; cluding the estimated taxes related to do-
follows: and mestic cargo and cruise passengers)’’ after
‘‘(3) ADDITIONAL USES AT EMERGING HAR- (4) in paragraph (4) (as so redesignated), by ‘‘taxes collected’’; and
BORS.— adding at the end the following: (C) in subparagraph (D), by striking ‘‘fiscal
‘‘(A) IN GENERAL.—In each fiscal year, the ‘‘(C) An in-water improvement, if the im- year 2012’’ and inserting ‘‘each of the pre-
Secretary may use not more than $5,000,000 provement— vious 3 fiscal years’’.
of funds designated for emerging harbor ‘‘(i) is for the seismic reinforcement of a (b) REPORT TO CONGRESS; AUTHORIZATION OF
projects under paragraph (1)(A) to pay for wharf or other berthing structure, or the re- APPROPRIATIONS.—Section 2106 of the Water
the costs of up to 10 projects for mainte- pair or replacement of a deteriorating wharf Resources Reform and Development Act of
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nance dredging of a marina or berthing area, or other berthing structure, at a port facil- 2014 (33 U.S.C. 2238c) is amended—
in an emerging harbor, that includes an area ity; (1) by striking subsection (e) and redesig-
that is located adjacent to, or is accessible ‘‘(ii) benefits commercial navigation at the nating subsections (f) and (g) as subsections
by, a Federal navigation project, subject to harbor; and (e) and (f), respectively; and
subparagraphs (B) and (C) of this paragraph. ‘‘(iii) is located in, or adjacent to, a berth (2) in subsection (e), as so redesignated—
‘‘(B) ELIGIBLE EMERGING HARBORS.—The that is accessible to a Federal navigation (A) in paragraph (1), by striking ‘‘2020’’ and
Secretary may use funds as authorized under project. inserting ‘‘2030’’; and
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July 29, 2020 CONGRESSIONAL RECORD — HOUSE H3929
(B) by striking paragraph (3). 2021 through 2027, the Secretary shall ance to support flood risk resiliency plan-
SEC. 105. ASSUMPTION OF MAINTENANCE OF A prioritize projects that are included in the ning efforts of an economically disadvan-
LOCALLY PREFERRED PLAN. most recent 20-year program for making cap- taged community.
Section 204(f) of the Water Resources De- ital investments developed under section SEC. 111. PROJECT CONSULTATION.
velopment Act of 1986 (33 U.S.C. 2232(f)) is 302(d) of the Water Resources Development (a) REPORTS REQUIRED.—Not later than 180
amended to read as follows: Act of 1986 (33 U.S.C. 2251(d)). days after the date of enactment of this Act,
‘‘(f) OPERATION AND MAINTENANCE.— SEC. 109. IMPLEMENTATION OF WATER RE- the Secretary shall submit the following re-
‘‘(1) ASSUMPTION OF MAINTENANCE.—When- SOURCES PRINCIPLES AND RE- ports:
ever a non-Federal interest carries out im- QUIREMENTS. (1) The report required under section 1214
provements to a federally authorized harbor (a) IN GENERAL.—Not later than 180 days of the Water Resources Development Act of
or inland harbor, the Secretary shall be re- after the date of enactment of this Act, the 2018 (132 Stat. 3809).
sponsible for operation and maintenance in Secretary shall issue final agency-specific (2) The report required under section
accordance with section 101(b) if— procedures necessary to implement the prin- 1120(a)(3) of the Water Resources Develop-
‘‘(A) before construction of the improve- ciples and requirements and the interagency ment Act of 2016 (130 Stat. 1643).
ments— guidelines. (b) CONSULTATION.—
‘‘(i) the Secretary determines that the im- (b) DEVELOPMENT OF FUTURE WATER RE- (1) AGENCIES AND TRIBES.—The Secretary
provements are feasible and consistent with SOURCES DEVELOPMENT PROJECTS.—The pro- shall ensure that all covered community
the purposes of this title; and cedures required by subsection (a) shall en- consultation policies, regulations, and guid-
‘‘(ii) the Secretary and the non-Federal in- sure that the Secretary, in the formulation ance of the Corps of Engineers continue to be
terest execute a written agreement relating of future water resources development implemented, and that consultations with
to operation and maintenance of the im- projects— Federal and State agencies and Indian Tribes
provements; (1) develops such projects in accordance required for a water resources development
‘‘(B) the Secretary certifies that the with— project are carried out.
project or separable element of the project is (A) the guiding principles established by (2) COMMUNITIES.—The Secretary shall en-
constructed in accordance with applicable the principles and requirements; and sure that any covered communities, includ-
permits and appropriate engineering and de- (B) the national water resources planning ing such communities identified in the re-
sign standards; and policy established by section 2031(a) of the ports submitted under subsection (a), that
‘‘(C) the Secretary does not find that the Water Resources Development Act of 2007 (42 are found to be disproportionately or ad-
project or separable element is no longer fea- U.S.C. 1962–3(a)); and versely affected are included in consultation
sible. (2) fully identifies and analyzes national policies, regulations, and guidance of the
‘‘(2) FEDERAL FINANCIAL PARTICIPATION IN economic development benefits, regional Corps of Engineers.
THE COSTS OF A LOCALLY PREFERRED PLAN.— economic development benefits, environ- (3) PROJECT PLANNING AND CONSTRUCTION.—
In the case of improvements determined by mental quality benefits, and other societal The Secretary shall ensure that covered
the Secretary pursuant to paragraph (1)(A)(i) effects. communities are consulted in the develop-
to deviate from the national economic devel- (c) REVIEW AND UPDATE.—Every 5 years, ment of water resources development project
opment plan, the Secretary shall be respon- the Secretary shall review and, where appro- planning and construction, for the purposes
sible for all operation and maintenance costs priate, revise the procedures required by sub- of achieving environmental justice and ad-
of such improvements, as described in sec- section (a). dressing any disproportionate or adverse ef-
tion 101(b), including costs in excess of the (d) PUBLIC REVIEW, NOTICE, AND COM- fects on such communities.
costs of the national economic development MENT.—In issuing, reviewing, and revising (c) ENVIRONMENTAL JUSTICE UPDATES.—
plan, if the Secretary determines that the the procedures required by this section, the (1) IN GENERAL.—Not later than 1 year after
improvements satisfy the requirements of Secretary shall— the date of enactment of this Act, the Sec-
paragraph (1).’’. (1) provide notice to interested non-Fed- retary shall update any policies, regulations,
SEC. 106. COAST GUARD ANCHORAGES. eral stakeholders of the Secretary’s intent to and guidance of the Corps of Engineers re-
revise the procedures; lated to achieving environmental justice for
The Secretary is authorized to perform
(2) provide opportunities for interested covered communities.
dredging at Federal expense within and adja-
non-Federal stakeholders to engage with, (2) RECOMMENDATIONS AND CONSULTATION.—
cent to anchorages on the Columbia River
and provide input and recommendations to, In carrying out paragraph (1), the Secretary
established by the Coast Guard pursuant to
the Secretary on the revision of the proce- shall—
section 7 of the Act of March 14, 1915 (33
dures; and (A) consult with a wide array of represent-
U.S.C. 471), to provide safe anchorage for
(3) solicit and consider public and expert atives of covered communities; and
deep draft vessels commensurate with the
comments. (B) use the recommendations from the re-
authorized Federal navigation channel
(e) DEFINITIONS.—In this section: ports submitted under subsection (a).
depth, including advanced maintenance. (d) COMMUNITY ENGAGEMENT.—The Sec-
SEC. 107. STATE CONTRIBUTION OF FUNDS FOR (1) INTERAGENCY GUIDELINES.—The term
‘‘interagency guidelines’’ means the inter- retary shall ensure that in carrying out au-
CERTAIN OPERATION AND MAINTE-
thorized water resources development
NANCE COSTS. agency guidelines contained in the document
projects in, and all other activities of the
In carrying out eligible operations and finalized by the Council on Environmental
Corps of Engineers related to, covered com-
maintenance activities within the Great Quality pursuant to section 2031 of the Water
munities, the Corps of Engineers—
Lakes Navigation System pursuant to sec- Resources Development Act of 2007 (42 U.S.C.
(1) promotes the meaningful involvement
tion 210 of the Water Resources Development 1962–3) in December 2014, to implement the
of such communities in the project develop-
Act of 1986 (33 U.S.C. 2238) in a State that has principles and requirements.
ment and implementation, enforcement ef-
implemented any additional State limitation (2) PRINCIPLES AND REQUIREMENTS.—The
forts, and other activities of the Corps of En-
on the disposal of dredged material in the term ‘‘principles and requirements’’ means
gineers;
open waters of such State, the Secretary the principles and requirements contained in
(2) provides guidance and technical assist-
may, pursuant to section 5 of the Act of June the document prepared by the Council on En-
ance to such communities to increase under-
22, 1936 (33 U.S.C. 701h), receive from such vironmental Quality pursuant to section 2031
standing of the project development and im-
State, and expend, such funds as may be con- of the Water Resources Development Act of
plementation activities, regulations, and
tributed by the State to cover the additional 2007 (42 U.S.C. 1962–3), entitled ‘‘Principles
policies of the Corps of Engineers; and
costs for operations and maintenance activi- and Requirements for Federal Investments
(3) cooperates with State, Tribal, and local
ties for a harbor or inland harbor within in Water Resources’’, and dated March 2013.
governments with respect to activities car-
such State that result from such limitation. SEC. 110. RESILIENCY PLANNING ASSISTANCE. ried out pursuant to this subsection.
SEC. 108. INLAND WATERWAY PROJECTS. (a) IN GENERAL.—Section 206(a) of the (e) TRIBAL LANDS AND CONSULTATION.—The
(a) IN GENERAL.—Notwithstanding section Flood Control Act of 1960 (33 U.S.C. 709a(a)) Secretary shall ensure that in carrying out
102 of the Water Resources Development Act is amended by inserting ‘‘, to avoid repet- authorized water resources development
of 1986 (33 U.S.C. 2212), 35 percent of the costs itive flooding impacts, to anticipate, pre- projects and in all other activities of the
of construction of any project for navigation pare, and adapt to changing climatic condi- Corps of Engineers, that the Corps of Engi-
on the inland waterways shall be paid from tions and extreme weather events, and to neers—
amounts appropriated from the Inland Wa- withstand, respond to, and recover rapidly (1)(A) consults with Indian Tribes specifi-
terways Trust Fund— from disruption due to the flood hazards’’ cally on any Tribal lands near or adjacent to
(1) during each of fiscal years 2021 through after ‘‘in planning to ameliorate the flood any activities of the Corps of Engineers, for
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2027; and hazard’’. purposes of identifying lands of ancestral,
(2) for a project the construction of which (b) PRIORITIZING FLOOD RISK RESILIENCY cultural, or religious importance; and
is initiated during such period, in each fiscal TECHNICAL ASSISTANCE FOR ECONOMICALLY (B) cooperates with Indian Tribes to avoid,
year until such construction is complete. DISADVANTAGED COMMUNITIES.—In carrying or otherwise find alternate solutions with re-
(b) PRIORITIZATION.—In selecting projects out section 206 of the Flood Control Act of spect to, such lands; and
described in subsection (a) for which to ini- 1960 (33 U.S.C. 709a), the Secretary shall (2)(A) consults with Indian Tribes specifi-
tiate construction during any of fiscal years prioritize the provision of technical assist- cally on any Tribal areas near or adjacent to
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H3930 CONGRESSIONAL RECORD — HOUSE July 29, 2020
any activities of the Corps of Engineers, for STRUCTURAL, NATURAL, OR NATURE-BASED flood risk management project in a seismic
purposes of identifying lands, waters, and FEATURES’’; and hazard zone for purposes of plan formulation
other resources critical to the livelihood of (2) in paragraph (1)— pursuant to section 905 of the Water Re-
the Indian Tribes; and (A) by striking ‘‘nonstructural flood con- sources Development Act of 1986; and
(B) cooperates with Indian Tribes to avoid, trol measures’’ and inserting ‘‘a flood risk (2) seek to maximize the combination of
or otherwise find alternate solutions with re- management or hurricane and storm damage flood risk reduction and seismic hazard risk
spect to, such areas. risk reduction measure using a non- reduction benefits in the formulation of the
(f) DEFINITIONS.—In this section: structural feature, or a natural feature or national economic development alternative
(1) COMMUNITY OF COLOR.—The term ‘‘com- nature-based feature (as those terms are de- for such project.
munity of color’’ means a community of in- fined in section 1184(a) of the Water Re- SEC. 118. FEDERAL INTEREST DETERMINATION.
dividuals who are— sources Development Act of 2016 (33 U.S.C. Section 905 of the Water Resources Devel-
(A) American Indian or Alaska Native; 2289a(a))),’’; and opment Act of 1986 (33 U.S.C. 2282) is amend-
(B) Asian or Pacific Islander; (B) by striking ‘‘cash during construction ed by inserting after subsection (a) the fol-
(C) Black, not of Hispanic origin; or of the project’’ and inserting ‘‘cash during lowing:
(D) Hispanic. construction for a nonstructural feature if ‘‘(b) FEDERAL INTEREST DETERMINATION.—
(2) COVERED COMMUNITY.—The term ‘‘cov- the costs of land, easements, rights-of-way, ‘‘(1) IN GENERAL.—In preparing a feasibility
ered community’’ means each of the fol- dredged material disposal areas, and reloca- report under subsection (a) for a study that
lowing: tions for such feature are estimated to ex- will benefit an economically disadvantaged
(A) A community of color. ceed 35 percent’’. community, upon request by the non-Federal
(B) An economically disadvantaged com- SEC. 115. FEASIBILITY STUDIES; REVIEW OF NAT- interest for the study, the Secretary shall
munity. URAL AND NATURE-BASED FEA-
TURES.
first determine the Federal interest in car-
(C) A rural community.
(a) TECHNICAL CORRECTION.—Section 1149(c) rying out the study and the projects that
(D) A Tribal or indigenous community.
of the Water Resources Development Act of may be proposed in the study.
(3) STATE.—The term ‘‘State’’ means each
2018 (33 U.S.C. 2282 note; 132 Stat. 3787) is ‘‘(2) COST SHARE.—The costs of a deter-
of the several States, the District of Colum-
amended by striking ‘‘natural infrastructure mination under paragraph (1)—
bia, and each of the commonwealths, terri-
alternatives’’ and inserting ‘‘natural feature ‘‘(A) shall be at Federal expense; and
tories, and possessions of the United States.
or nature-based feature alternatives (as such ‘‘(B) shall not exceed $200,000.
SEC. 112. REVIEW OF RESILIENCY ASSESSMENTS.
terms are defined in section 1184 of the Water ‘‘(3) DEADLINE.—A determination under
(a) RESILIENCY ASSESSMENT.— paragraph (1) shall be completed by not later
(1) IN GENERAL.—Not later than 180 days Resources Development Act of 2016 (32 U.S.C.
2289a))’’. than 120 days after the date on which funds
after the date of enactment of this section, are made available to the Secretary to carry
and in conjunction with the development of (b) SUMMARY OF ANALYSIS.—To the max-
imum extent practicable, the Secretary shall out the determination.
procedures under section 109 of this Act, the ‘‘(4) TREATMENT.—
include in each feasibility report developed
Secretary is directed to review, and where ‘‘(A) TIMING.—The period during which a
under section 905 of the Water Resources De-
appropriate, revise the existing planning determination is being completed under
velopment Act of 1986 (33 U.S.C. 2282) for a
guidance documents and regulations on the paragraph (1) for a study shall not be in-
project that contains a flood risk manage-
assessment of the effects of sea level rise on cluded for purposes of the deadline to com-
ment or hurricane and storm damage risk re-
future water resources development projects plete a final feasibility report under section
duction element, a summary of the natural
to ensure that such guidance documents and 1001(a)(1) of the Water Resources Reform and
feature or nature-based feature alternatives
regulations are based on the best available, Development Act of 2014 (33 U.S.C.
that were evaluated in the development of
peer-reviewed science and data on the cur- 2282c(a)(1)).
the feasibility report, and, if such alter-
rent and future effects of sea level rise on ‘‘(B) COST.—The cost of a determination
natives were not included in the rec-
coastal communities. under paragraph (1) shall not be included for
ommended plan, an explanation of why such
(2) COORDINATION.—In carrying out this purposes of the maximum Federal cost under
subsection, the Secretary shall— alternatives were not included into the rec-
ommended plan. section 1001(a)(2) of the Water Resources Re-
(A) coordinate the review with the Engi- form and Development Act of 2014 (33 U.S.C.
SEC. 116. REPORT ON CORROSION PREVENTION
neer Research and Development Center, 2282c(a)(2)).
ACTIVITIES.
other Federal and State agencies, and other ‘‘(5) REPORT TO NON-FEDERAL INTEREST.—If,
Not later than 180 days after the date of
relevant entities; and based on a determination under paragraph
enactment of this Act, the Secretary shall
(B) to the maximum extent practicable and (1), the Secretary determines that a study or
submit to the Committee on Transportation
where appropriate, utilize data provided to project is not in the Federal interest because
and Infrastructure of the House of Rep-
the Secretary by such agencies. the project will not result, or is unlikely to
resentatives and the Committee on Environ-
(b) ASSESSMENT OF BENEFITS OF SEA LEVEL result, in a recommended plan that will
ment and Public Works of the Senate, and
RISE RESILIENCY IN FEASIBILITY REPORTS.— produce national economic development ben-
make publicly available, a report that de-
(1) IN GENERAL.—Upon the request of a non- efits greater than cost, but may result in a
scribes—
Federal interest, in carrying out a feasibility technically sound and environmentally ac-
(1) the extent to which the Secretary has
study for a project for flood risk mitigation, ceptable plan that is otherwise consistent
carried out section 1033 of the Water Re-
hurricane and storm damage risk reduction, with section 904 of the Water Resources De-
sources Reform and Development Act of 2014
or ecosystem restoration under section 905 of velopment Act of 1986 (33 U.S.C. 2281), the
(33 U.S.C. 2350);
the Water Resources Development Act of Secretary shall issue a report to the non-
(2) the extent to which the Secretary has
1986 (33 U.S.C. 2282), the Secretary shall con- Federal interest with recommendations on
incorporated corrosion prevention activities
sider whether the need for the project is how the non-Federal interest might modify
(as defined in such section) at water re-
predicated upon or exacerbated by conditions the proposal such that the project could be
sources development projects constructed or
related to sea level rise. in the Federal interest and feasible.’’.
maintained by the Secretary since the date
(2) SEA LEVEL RISE RESILIENCY BENEFITS.—
of enactment of such section; and SEC. 119. ECONOMICALLY DISADVANTAGED COM-
To the maximum extent practicable, in car- MUNITY FLOOD PROTECTION AND
(3) in instances where the Secretary has
rying out a study pursuant to paragraph (1), HURRICANE AND STORM DAMAGE
not incorporated corrosion prevention ac-
the Secretary shall document the potential REDUCTION STUDY PILOT PRO-
tivities at such water resources development
effects of sea level rise on the project, and GRAM.
projects since such date, an explanation as
benefits of the project relating to sea level (a) IN GENERAL.—Not later than 180 days
to why such corrosion prevention activities
rise, during the 50-year period after the date after the date of enactment of this Act, the
have not been incorporated.
of completion of the project. Secretary shall establish and implement a
SEC. 117. QUANTIFICATION OF BENEFITS FOR
SEC. 113. SMALL FLOOD CONTROL PROJECTS. pilot program to evaluate opportunities to
FLOOD RISK MANAGEMENT
Section 205 of the Flood Control Act of 1948 PROJECTS IN SEISMIC ZONES. address the flood risk management and hur-
(33 U.S.C. 701s) is amended by inserting ‘‘, (a) IN GENERAL.—Upon the request of the ricane and storm damage risk reduction
and projects that use natural features or na- non-Federal interest for a flood risk manage- needs of economically disadvantaged com-
ture-based features (as those terms are de- ment project in a seismic zone, the Secretary munities.
fined in section 1184(a) of the Water Re- shall quantify the seismic hazard risk reduc- (b) PARTICIPATION IN PILOT PROGRAM.—In
sources Development Act of 2016 (33 U.S.C. tion benefits for the project if the non-Fed- carrying out subsection (a), the Secretary
2289a(a))),’’ after ‘‘nonstructural projects’’. eral interest identifies, and the Secretary shall—
dlhill on DSK120RN23PROD with HOUSE
SEC. 114. CONFORMING AMENDMENT. approves, an acceptable methodology to (1) publish a notice in the Federal Register
Section 103(b) of the Water Resources De- quantify such benefits. that requests from non-Federal interests
velopment Act of 1986 (33 U.S.C. 2213) is (b) APPLICABILITY.—The Secretary shall— proposals for the potential feasibility study
amended— (1) include all associated seismic hazard of a flood risk management project or hurri-
(1) in the subsection heading, by striking risk reduction benefits approved by the Sec- cane and storm damage risk reduction
‘‘NONSTRUCTURAL FLOOD CONTROL PROJECTS’’ retary in the calculation of the national eco- project for an economically disadvantaged
and inserting ‘‘PROJECTS USING NON- nomic development benefit-cost ratio for a community;
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July 29, 2020 CONGRESSIONAL RECORD — HOUSE H3931
(2) upon request of a non-Federal interest Works of the Senate, and make publicly (C) FINANCING.—
for such a project, provide technical assist- available, a report detailing the results of (i) CONTRIBUTIONS.—If, based on a study
ance to such non-Federal interest in the for- the pilot program carried out under this sec- carried out pursuant to paragraph (1), the
mulation of a proposal for a potential feasi- tion, including— Secretary determines that a project de-
bility study to be submitted to the Secretary (1) a description of proposals received from scribed in paragraph (1) will not produce ben-
under the pilot program; and non-Federal interests pursuant to subsection efits greater than cost, the Secretary shall
(3) review such proposals and select 10 fea- (b)(1); allow the affected community to pay, or pro-
sibility studies for such projects to be car- (2) a description of technical assistance vide contributions equal to, an amount suffi-
ried out by the Secretary, in coordination provided to non-Federal interests under sub- cient to make the remaining costs of design
with the non-Federal interest, under this section (b)(2); and and construction of the project equal to the
pilot program. (3) a description of proposals selected estimated value of the benefits of the
(c) SELECTION CRITERIA.—In selecting a fea- under subsection (b)(3) and criteria used to project.
sibility study under subsection (b)(3), the select such proposals. (ii) EFFECT ON NON-FEDERAL SHARE.—
Secretary shall consider whether— (k) STATE DEFINED.—In this section, the Amounts provided by an affected community
(1) the percentage of people living in pov- term ‘‘State’’ means each of the several under clause (i) shall be in addition to any
erty in the county or counties (or county- States, the District of Columbia, and each of payments or contributions the affected com-
equivalent entity or entities) in which the the commonwealths, territories, and posses- munity is required to provide toward the re-
project is located is above the percentage of sions of the United States. maining costs of design and construction of
people living in poverty in the State, based SEC. 120. PERMANENT MEASURES TO REDUCE the project under section 103 of the Water
on census bureau data; EMERGENCY FLOOD FIGHTING
Resources Development Act of 1986 (33 U.S.C.
NEEDS FOR COMMUNITIES SUBJECT
(2) the percentage of families with income TO REPETITIVE FLOODING. 2213).
above the poverty threshold but below the (4) ABILITY TO PAY.—
(a) DEFINITIONS.—In this section:
average household income in the county or (A) IN GENERAL.—Any cost-sharing agree-
(1) AFFECTED COMMUNITY.—The term ‘‘af-
counties (or county-equivalent entity or en- ment for a project entered into pursuant to
fected community’’ means a legally con-
tities) in which the project is located is this section shall be subject to the ability of
stituted public body (as that term is used in
above the percentage of the same for the the affected community to pay.
section 221(b) of the Flood Control Act of
State, based on census bureau data; (B) DETERMINATION.—The ability of any af-
1970 (42 U.S.C. 1962d–5b(b))—
(3) the percentage of the population that fected community to pay shall be deter-
(A) with jurisdiction over an area that has
identifies as belonging to a minority or in- mined by the Secretary in accordance with
been subject to flooding in two or more
digenous group in the county or counties (or procedures established by the Secretary.
events in any 10-year period; and
county-equivalent entity or entities) in (C) EFFECT OF REDUCTION.—Any reduction
(B) that has received emergency flood-
which the project is located is above the av- in the non-Federal share of the cost of a
fighting assistance, including construction
erage percentage in the State, based on cen- project described in paragraph (1) as a result
of temporary barriers by the Secretary,
sus bureau data; and of a determination under this paragraph
under section 5 of the Act of August 18, 1941
(4) the project is addressing flooding or shall not be included in the Federal share for
(33 U.S.C. 701n) with respect to such flood
hurricane or storm damage effects that have purposes of subparagraphs (A) and (B) of
events.
a disproportionate impact on a rural commu- paragraph (3).
(2) NATURAL FEATURE; NATURE-BASED FEA-
nity or a community of color (as such term SEC. 121. EMERGENCY RESPONSE TO NATURAL
TURE.—The terms ‘‘natural feature’’ and ‘‘na-
is defined in section 111 of this Act), includ- DISASTERS.
ture-based feature’’ have the meanings given
ing Tribal or indigenous peoples. (a) IN GENERAL.—Section 5 of the Act of
those terms in section 1184 of the Water Re-
(d) ADMINISTRATION.—Notwithstanding the
sources Development Act of 2016 (33 U.S.C. August 18, 1941 (33 U.S.C. 701n) is amended—
requirements of section 105(a)(1)(A) of the
2289a). (1) in subsection (a), by adding at the end
Water Resources Development Act of 1986 (33
(b) PROGRAM.— the following—
U.S.C. 2215), the Federal share of the cost of
(1) IN GENERAL.—The Secretary is author- ‘‘(5) FEASIBILITY STUDY.—
a feasibility study carried out under the
ized to carry out a program to study, design, ‘‘(A) DETERMINATION.—Not later than 180
pilot program shall be 100 percent.
and construct water resources development days after receiving, from a non-Federal
(e) GEOGRAPHIC DIVERSITY.—When select-
projects through measures involving, among sponsor of a project to repair or rehabilitate
ing feasibility studies under subsection
other things, strengthening, raising, extend- a flood control work described in paragraph
(b)(3), the Secretary shall consider the geo-
ing, realigning, or otherwise modifying ex- (1), a request to initiate a feasibility study
graphic diversity among proposed projects.
(f) STUDY REQUIREMENTS.—Feasibility isting flood control works, designing new to further modify the relevant flood control
studies carried out under this subsection works, and incorporating natural features, work to provide for an increased level of pro-
shall, to the maximum extent practical, in- nature-based features, or nonstructural fea- tection, the Secretary shall provide to the
corporate natural features or nature-based tures, as appropriate to provide flood and non-Federal sponsor a written decision on
features (as such terms are defined in section coastal storm risk management to affected whether the Secretary has the authority
1184 of the Water Resources Development communities. under section 216 of the Flood Control Act of
Act of 2016 (33 U.S.C. 2289a)), or a combina- (2) CONSIDERATIONS.—In carrying out para- 1970 (33 U.S.C. 549a) to undertake the re-
tion of such features and nonstructural fea- graph (1), the Secretary shall, to the max- quested feasibility study.
tures, that avoid or reduce at least 50 per- imum extent practical, review and, where ‘‘(B) RECOMMENDATION.—If the Secretary
cent of flood or storm damages in one or appropriate, incorporate natural features or determines under subparagraph (B) that the
more of the alternatives included in the final nature-based features, or a combination of Secretary does not have the authority to un-
alternatives evaluated. such features and nonstructural features, dertake the requested feasibility study, the
(g) NOTIFICATION.—The Secretary shall no- that avoid or reduce at least 50 percent of Secretary shall include the request for a fea-
tify the Committee on Transportation and flood or storm damages in one or more of the sibility study in the annual report submitted
Infrastructure of the House of Representa- alternatives included in the final alter- under section 7001 of the Water Resources
tives and the Committee on Environment natives evaluated. Reform and Development Act of 2014.’’;
and Public Works of the Senate of the selec- (3) CONSTRUCTION.— (2) in subsection (c)—
tion of each feasibility study under the pilot (A) IN GENERAL.—The Secretary may carry (A) in the subsection heading, by striking
program. out a project described in paragraph (1) with- ‘‘LEVEE OWNERS MANUAL’’ and inserting
(h) COMPLETION.—Upon completion of a out further congressional authorization if— ‘‘ELIGIBILITY’’;
feasibility report for a feasibility study se- (i) the Secretary determines that the (B) in paragraph (1), in the heading, by
lected to be carried out under this section, project— striking ‘‘IN GENERAL’’ and inserting ‘‘LEVEE
the Secretary shall transmit the report to (I) is advisable to reduce the risk of flood- OWNER’S MANUAL’’;
Congress for authorization, and shall include ing for an affected community; and (C) by redesignating paragraphs (2) and (3)
the report in the next annual report sub- (II) produces benefits that are in excess of as paragraphs (3) and (4), respectively, and
mitted under section 7001 of the Water Re- the estimated costs; and inserting after paragraph (1) the following:
sources Reform and Development Act of 2014 (ii) the Federal share of the cost of the ‘‘(2) COMPLIANCE.—
(33 U.S.C. 2282d). construction does not exceed $15,000,000. ‘‘(A) IN GENERAL.—Notwithstanding the
(i) SUNSET.—The authority to commence a (B) SPECIFIC AUTHORIZATION.—If the Fed- status of compliance of a non-Federal inter-
feasibility study under this section shall ter- eral share of the cost of a project described est with the requirements of a levee owner’s
minate on the date that is 10 years after the in paragraph (1) exceeds $15,000,000, the Sec- manual described in paragraph (1), or with
dlhill on DSK120RN23PROD with HOUSE
date of enactment of this Act. retary shall submit the project recommenda- any other eligibility requirement established
(j) REPORT.—Not later than 5 years and 10 tion to Congress for authorization prior to by the Secretary related to the maintenance
years after the date of enactment of this construction, and shall include the project and upkeep responsibilities of the non-Fed-
Act, the Secretary shall submit to the Com- recommendation in the next annual report eral interest, the Secretary shall consider
mittee on Transportation and Infrastructure submitted under section 7001 of the Water the non-Federal interest to be eligible for re-
of the House of Representatives and the Resources Reform and Development Act of pair and rehabilitation assistance under this
Committee on Environment and Public 2014. section if the non-Federal interest—
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H3932 CONGRESSIONAL RECORD — HOUSE July 29, 2020
‘‘(i) enters into a written agreement with features by the Corps of Engineers in car- SEC. 124. SENSE OF CONGRESS ON MULTIPUR-
the Secretary that identifies any items of de- rying out feasibility studies and projects. POSE PROJECTS.
ferred or inadequate maintenance and up- SEC. 123. REVIEW OF CORPS OF ENGINEERS AS- It is the sense of Congress that the Sec-
keep identified by the Secretary prior to the SETS. retary, in coordination with non-Federal in-
natural disaster; and Section 6002 of the Water Resources Re- terests, should maximize the development,
‘‘(ii) pays, during performance of the repair form and Development Act of 2014 (128 Stat. evaluation, and recommendation of project
and rehabilitation work, all costs to ad- 1349) is amended to read as follows: alternatives for future water resources devel-
dress— ‘‘SEC. 6002. REVIEW OF CORPS OF ENGINEERS AS- opment projects that produce multiple
‘‘(I) any items of deferred or inadequate SETS. project benefits, such as navigation, flood
maintenance and upkeep identified by the ‘‘(a) ASSESSMENT.—The Secretary shall risk management, and ecosystem restoration
conduct an assessment of projects con- benefits, including through the use of nat-
Secretary; and
structed by the Secretary for which the Sec- ural or nature-based features and the bene-
‘‘(II) any repair or rehabilitation work nec-
retary continues to have financial or oper- ficial reuse of dredged material.
essary to address damage the Secretary at-
ational responsibility. SEC. 125. BENEFICIAL REUSE OF DREDGED MA-
tributes to such deferred or inadequate TERIAL; DREDGED MATERIAL MAN-
maintenance or upkeep. ‘‘(b) INVENTORY.—Not later than 18 months
AGEMENT PLANS.
‘‘(B) ELIGIBILITY.—The Secretary may only after the date of enactment of the Water Re-
sources Development Act of 2020, the Sec- (a) NATIONAL POLICY ON THE BENEFICIAL
enter into one agreement under subpara- REUSE OF DREDGED MATERIAL.—
graph (A) with any non-Federal interest. retary shall, based on the assessment carried
out under subsection (a), develop an inven- (1) IN GENERAL.—It is the policy of the
‘‘(C) SUNSET.—The authority of the Sec- United States for the Corps of Engineers to
retary to enter into agreements under para- tory of projects or portions of projects—
‘‘(1) that are not needed for the missions of maximize the beneficial reuse, in an environ-
graph (2) shall terminate on the date that is mentally acceptable manner, of suitable
5 years after the date of enactment of this the Corps of Engineers;
‘‘(2) the modification of which, including dredged material obtained from the con-
paragraph.’’; and struction or operation and maintenance of
(D) in paragraph (3) (as so redesignated), by though the use of natural features or nature-
water resources development projects.
striking ‘‘this subsection’’ and inserting based features (as those terms are defined in
(2) PLACEMENT OF DREDGED MATERIALS.—
‘‘paragraph (1)’’. section 1184(a) of the Water Resources Devel-
(A) IN GENERAL.—In evaluating the place-
opment Act of 2016 (33 U.S.C. 2289a(a)), could
SEC. 122. STUDY ON NATURAL INFRASTRUCTURE ment of dredged material obtained from the
improve the sustainable operations of the
AT CORPS OF ENGINEERS construction or operation and maintenance
PROJECTS. project, or reduce operation and mainte-
of water resources development projects, the
nance costs for the project; or
(a) DEFINITION OF NATURAL FEATURE AND Secretary shall consider—
‘‘(3) that are no longer having project pur-
NATURE-BASED FEATURE.—In this section, the (i) the suitability of the dredged material
poses adequately met by the Corps of Engi-
terms ‘‘natural feature’’ and ‘‘nature-based for a full range of beneficial uses; and
neers, because of deferment of maintenance
feature’’ have the meanings given those (ii) the economic and environmental bene-
or other challenges, and the divestment of fits, efficiencies, and impacts (including the
terms in section 1184(a) of the Water Re-
which to a non-Federal entity could better effects on living coral) of using the dredged
sources Development Act of 2016 (33 U.S.C.
meet the local and regional needs for oper- material for beneficial uses, including, in the
2289a(a)).
ation and maintenance. case of beneficial reuse activities that in-
(b) STUDY.—Not later than 2 years after the ‘‘(c) CRITERIA.—In conducting the assess-
date of enactment of this Act, the Comp- volve more than one water resources devel-
ment under subsection (a) and developing the
troller General of the United States shall opment project, the benefits, efficiencies,
inventory under subsection (b), the Sec-
conduct, and submit to the Committee on and impacts that result from the combined
retary shall use the following criteria:
Transportation and Infrastructure of the activities.
‘‘(1) The extent to which the project aligns
House of Representatives and the Committee (B) CALCULATION OF FEDERAL STANDARD.—
with the current missions of the Corps of En-
on Environment and Public Works of the The economic benefits and efficiencies from
gineers.
Senate, a report on the results of a study on the beneficial use of dredged material con-
‘‘(2) The economic and environmental im- sidered by the Secretary under subparagraph
the consideration by the Secretary of nat- pacts of the project on existing communities
ural infrastructure, natural features, and na- (A) shall be included in any determination
in the vicinity of the project. relating to the ‘‘Federal standard’’ by the
ture-based features in the study of the feasi- ‘‘(3) The extent to which the divestment or
bility of projects for flood risk management, Secretary under section 335.7 of title 33, Code
modification of the project could reduce op- of Federal Regulations for the placement or
hurricane and storm damage risk reduction, eration and maintenance costs of the Corps
and ecosystem restoration. disposal of such material.
of Engineers. (b) BENEFICIAL USE OF DREDGED MATE-
(c) REQUIREMENTS.—The study under sub- ‘‘(4) The extent to which the divestment or RIAL.—
section (b) shall include— modification of the project is in the public (1) PILOT PROGRAM PROJECTS.—Section 1122
(1) a description of guidance or instruc- interest. of the Water Resources Development Act of
tions issued, and other measures taken, by ‘‘(5) The extent to which investment of ad- 2016 (33 U.S.C. 2326 note) is amended—
the Secretary to consider natural infrastruc- ditional Federal resources in the project pro- (A) in subsection (b)(1), by striking ‘‘20’’
ture, natural features, and nature-based fea- posed for divestment or modification, includ- and inserting ‘‘30’’; and
tures in project feasibility studies; ing investment needed to bring the project (B) in subsection (g), by striking ‘‘20’’ and
(2) an assessment, based on information to a good state of repair, is in the public in- inserting ‘‘30’’.
from relevant Federal and non-Federal terest. (2) SENSE OF CONGRESS.—It is the sense of
sources, of— ‘‘(6) The extent to which the authorized Congress that the Secretary, in selecting
(A) the costs, benefits, and effects associ- purpose of the project is no longer being met. projects for the beneficial reuse of dredged
ated with natural infrastructure, natural ‘‘(d) RECOMMENDATIONS OF NON-FEDERAL materials under section 1122 of the Water Re-
features, and nature-based features rec- INTERESTS.—A non-Federal interest for a sources Development Act of 2016 (33 U.S.C.
ommended by the Secretary for flood risk project may recommend that the Secretary 2326 note), should ensure the thorough eval-
management, hurricane and storm damage include such project in the assessment or in- uation of project submissions from rural,
risk reduction, and ecosystem restoration; ventory required under this section. small, and economically disadvantaged com-
and ‘‘(e) REPORT TO CONGRESS.— munities.
(B) the effectiveness of natural infrastruc- ‘‘(1) IN GENERAL.—Upon completion of the (c) FIVE-YEAR REGIONAL DREDGED MATE-
ture, natural features, and nature-based fea- inventory required by subsection (b), the RIAL MANAGEMENT PLANS.—
tures; Secretary shall submit to the Committee on (1) IN GENERAL.—Not later than 1 year after
(3) an analysis of projects for flood risk Environment and Public Works of the Senate the date of enactment of this Act, and annu-
management, hurricane and storm damage and the Committee on Transportation and ally thereafter, the District Commander of
risk reduction, and ecosystem restoration Infrastructure of the House of Representa- each district of the Corps of Engineers that
that have incorporated natural infrastruc- tives, and make publicly available, a report obtains dredged material through the con-
ture, natural features, or nature-based fea- containing the findings of the Secretary with struction or operation and maintenance of a
tures to identify best practices, including for respect to the assessment and inventory re- water resources development project shall,
measuring project benefits and costs; quired under this section. at Federal expense, develop and submit to
(4) a description of any statutory, fiscal, ‘‘(2) INCLUSION.—The Secretary shall list in the Secretary a 5-year dredged material
regulatory, or other policy barriers to the an appendix any recommendation of a non- management plan in coordination with rel-
appropriate consideration and use of a full Federal interest made with respect to a evant State agencies and stakeholders.
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array of natural infrastructure, natural fea- project under subsection (d) that the Sec- (2) SCOPE.—Each plan developed under this
tures, and nature-based features in carrying retary determines not to include in the in- subsection shall include—
out feasibility studies and projects; and ventory developed under subsection (b), (A) a dredged material budget for each wa-
(5) any recommendations for changes to based on the criteria in subsection (c), in- tershed or littoral system within the dis-
law, or to fiscal, regulatory, or other poli- cluding information about the request and trict;
cies, to improve the use of natural infra- the reasons for the Secretary’s determina- (B) an estimate of the amount of dredged
structure, natural features, and nature-based tion.’’. material likely to be obtained through the
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July 29, 2020 CONGRESSIONAL RECORD — HOUSE H3933
construction or operation and maintenance ‘‘(iii) restoring or reconnecting floodplains ‘‘SEC. 1210. REPORT ON DEBRIS REMOVAL.
of all water resources development projects and wetlands that are important for anad- ‘‘Not later than 180 days after the date of
projected to be carried out within the dis- romous fish habitat or passage. enactment of the Water Resources Develop-
trict during the 5-year period following sub- ‘‘(B) BENEFITS.—A project that includes ment Act of 2020, the Secretary shall submit
mission of the plan, and the estimated tim- measures under this paragraph shall be for- to Congress and make publicly available a
ing for obtaining such dredged material; mulated to maximize benefits for the anad- report that describes—
(C) an identification of potential water re- romous fish species benefitted by the ‘‘(1) the extent to which, during the 10 fis-
sources development projects projected to be project.’’; and cal years prior to such date of enactment,
carried out within the district during such 5- (2) by adding at the end the following: the Secretary has carried out section 3 of the
year period that are suitable for, or that re- ‘‘(g) PRIORITIZATION.—The Secretary shall Act of March 2, 1945 (33 U.S.C. 603a);
quire, the placement of dredged material, give projects that include measures de- ‘‘(2) how the Secretary has evaluated po-
and an estimate of the amount of dredged scribed in subsection (a)(3) equal priority for tential work to be carried out under that
material placement capacity of such implementation as other projects under this section; and
projects; section.’’. ‘‘(3) the extent to which the Secretary
(D) an evaluation of— SEC. 127. ANNUAL REPORT TO CONGRESS. plans to start, continue, or complete debris
(i) the suitability of the dredged material Section 7001(c)(4)(B) of the Water Re- removal activities in the 3 years following
for a full range of beneficial uses; and sources Reform and Development Act of 2014 submission of the report.’’.
(ii) the economic and environmental bene- (33 U.S.C. 2282d(c)(4)(B)) is amended— SEC. 131.
MISSOURI RIVER INTERCEPTION-
fits, efficiencies, and impacts (including the (1) in clause (i), by striking ‘‘and’’ at the REARING COMPLEX CONSTRUCTION.
effects on living coral) of using the dredged end; (a) REPORT.—Not later than 1 year after
material for beneficial uses, including, in the (2) by redesignating clause (ii) as clause the date of enactment of this Act, and annu-
case of beneficial reuse activities that in- (iii); and ally thereafter, the Secretary shall submit
volve more than one water resources devel- (3) by inserting after clause (i) the fol- to the Committee on Transportation and In-
opment project, the benefits, efficiencies, lowing: frastructure of the House of Representatives
and impacts that result from the combined ‘‘(ii) the Secretary shall not include pro- and the Committee on Environment and
activities; and posals in the appendix of the annual report Public Works of the Senate a report on the
(E) the district-wide goals for beneficial that otherwise meet the criteria for inclu- effects of any interception-rearing complex
reuse of the dredged material, including any sion in the annual report solely on the basis constructed on the Missouri River on—
expected cost savings from aligning and co- that the proposals are for the purposes of (1) flood risk management and navigation;
ordinating multiple projects (including navigation, flood risk management, eco- and
projects across Corps districts) in the reuse system restoration, or municipal or agricul- (2) the population recovery of the pallid
of the dredged material. tural water supply; and’’. sturgeon, including baseline population
(3) PUBLIC COMMENT.—In developing each counts.
SEC. 128. HARMFUL ALGAL BLOOM DEMONSTRA-
plan under this subsection, each District (b) NO ADDITIONAL IRC CONSTRUCTION.—
TION PROGRAM.
The Secretary may not authorize construc-
Commander shall provide notice and an op- (a) IN GENERAL.—The Secretary shall carry tion of an interception-rearing complex on
portunity for public comment. out a demonstration program to determine the Missouri River until the Secretary—
(4) PUBLIC AVAILABILITY.—Upon submission the causes of, and implement measures to ef- (1) submits the report required by sub-
of each plan to the Secretary under this sub- fectively detect, prevent, treat, and elimi- section (a);
section, each District Commander shall nate, harmful algal blooms associated with (2) acting through the Engineer Research
make the plan publicly available, including water resources development projects. and Development Center, conducts further
on a publicly available website. (b) CONSULTATION; USE OF EXISTING DATA
research on interception-rearing complex de-
(d) DREDGE PILOT PROGRAM.— AND PROGRAM AUTHORITIES.—In carrying out
sign, including any effects on existing flows,
(1) REVISIONS.—Section 1111 of the Water the demonstration program under subsection
flood risk management, and navigation; and
Resources Development Act of 2018 (33 U.S.C. (a), the Secretary shall—
(3) develops a plan—
2326 note) is amended— (1) consult with the heads of appropriate
(A) to repair dikes and revetments that are
(A) in subsection (a), by striking ‘‘for the Federal and State agencies; and
affecting flood risk and bank erosion; and
operation and maintenance of harbors and (2) make maximum use of existing Federal
(B) to establish, repair, or improve water
inland harbors’’ and all that follows through and State data and ongoing programs and ac-
control structures at the headworks of con-
the period at the end and inserting the fol- tivities of Federal and State agencies, in-
structed shallow water habitat side-chan-
lowing: ‘‘for the operation and maintenance cluding the activities of the Secretary car-
nels.
of— ried out through the Engineer Research and (c) FUTURE IRC CONSTRUCTION.—
‘‘(1) harbors and inland harbors referred to Development Center pursuant to section 1109 (1) PUBLIC COMMENT.—The Secretary shall
in section 210(a)(2) of the Water Resources of the Water Resources Development Act of provide an opportunity for comment from
Development Act of 1986 (33 U.S.C. 2238(a)(2)); 2018 (33 U.S.C. 610 note). the public and the Governor of each affected
or (c) FOCUS AREAS.—In carrying out the dem- State on any proposals to construct an inter-
‘‘(2) inland and intracoastal waterways of onstration program under subsection (a), the ception-rearing complex after the date of en-
the United States described in section 206 of Secretary shall undertake program activi- actment of this Act.
the Inland Waterways Revenue Act of 1978 ties related to harmful algal blooms in the (2) PERIOD.—The public comment period re-
(33 U.S.C. 1804).’’; and Great Lakes, the tidal and inland waters of quired by paragraph (1) shall be not less than
(B) in subsection (b), by striking ‘‘or inland the State of New Jersey, the coastal and 90 days for each proposal to construct an
harbors’’ and inserting ‘‘, inland harbors, or tidal waters of the State of Louisiana, the interception-rearing complex on the Mis-
inland or intracoastal waterways’’. waterways of the counties that comprise the souri River.
(2) COORDINATION WITH EXISTING AUTHORI- Sacramento-San Joaquin Delta, California, SEC. 132. COST AND BENEFIT FEASIBILITY AS-
TIES.—The Secretary may carry out the and Lake Okeechobee, Florida. SESSMENT.
dredge pilot program authorized by section SEC. 129. UPDATE ON INVASIVE SPECIES POLICY (a) IN GENERAL.—Section 5(a)(2)(B) of the
1111 of the Water Resources Development GUIDANCE. Act of August 18, 1941 (33 U.S.C. 701n(a)(2)(B))
Act of 2018 (33 U.S.C. 2326 note) in coordina- (a) IN GENERAL.—The Secretary shall peri- is amended—
tion with Federal regional dredge dem- odically update the Invasive Species Policy (1) in clause (i)(I), by inserting ‘‘, or pro-
onstration programs in effect on the date of Guidance, developed under section 104 of the vide contributions equal to,’’ after ‘‘pay’’;
enactment of this Act. River and Harbor Act of 1958 (33 U.S.C. 610) and
SEC. 126. AQUATIC ECOSYSTEM RESTORATION and the Nonindigenous Aquatic Nuisance (2) in clause (ii)—
FOR ANADROMOUS FISH. Prevention and Control Act of 1990 (16 U.S.C. (A) in the heading, by inserting ‘‘AND CON-
(a) ANADROMOUS FISH HABITAT AND PAS- 4701 et seq.), in accordance with the most re- TRIBUTIONS’’ after ‘‘OF PAYMENTS’’;
SAGE.—Section 206 of the Water Resources cent National Invasive Species Council Man- (B) by inserting ‘‘or contributions’’ after
Development Act of 1996 (33 U.S.C. 2330) is agement Plan developed pursuant to Execu- ‘‘Non-Federal payments’’; and
amended— tive Order 13112. (C) by inserting ‘‘or contributions’’ after
(1) in subsection (a), by adding at the end (b) INCLUSION.—The Secretary may include ‘‘non-Federal payments’’.
the following: in the updated guidance invasive species spe- (b) CONTINUED ELIGIBILITY.—Section 1161(b)
‘‘(3) ANADROMOUS FISH HABITAT AND PAS- cific efforts at federally authorized water re- of the Water Resources Development Act of
SAGE.— sources development projects located in— 2018 (33 U.S.C. 701n note) is amended—
(1) high-altitude lakes; and
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‘‘(A) MEASURES.—A project under this sec- (1) in the matter preceding paragraph (1)—
tion may include measures to improve habi- (2) the Tennessee and Cumberland River (A) by striking the ‘‘three fiscal years pre-
tat or passage for anadromous fish, includ- basins. ceding’’ and inserting ‘‘five fiscal years pre-
ing— SEC. 130. REPORT ON DEBRIS REMOVAL. ceding’’; and
‘‘(i) installing fish bypass structures on Section 1210 of the Water Resources Devel- (B) by striking ‘‘last day of the third fiscal
small water diversions; opment Act of 2018 (132 Stat. 3808) is amend- year’’ and inserting ‘‘last day of the fifth fis-
‘‘(ii) modifying tide gates; and ed to read as follows: cal year’’;
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H3934 CONGRESSIONAL RECORD — HOUSE July 29, 2020
(2) in paragraph (1), by inserting ‘‘, or pro- ‘‘(2) CONSULTATION.—In identifying defi- award a grant to an eligible subrecipient
vide contributions equal to,’’ before ‘‘an ciencies and describing remedies for a levee under this section that exceeds, for any 1
amount sufficient’’; and under paragraph (1), the Secretary shall con- dam,’’.
(3) by striking paragraph (2) and inserting sult with relevant non-Federal interests, in- (4) REQUIREMENTS.—Section 8A(d) of the
the following: cluding by providing an opportunity for com- National Dam Safety Program Act (33 U.S.C.
‘‘(2) the Secretary determines that the ment by those non-Federal interests.’’. 467f–2(d)) is amended—
damage to the structure was not as a result SEC. 135. NATIONAL DAM SAFETY PROGRAM. (A) in paragraph (1), by inserting ‘‘to an el-
of negligent operation or maintenance.’’. (a) DEFINITIONS.—Section 2 of the National igible subrecipient’’ after ‘‘this section’’;
SEC. 133. MATERIALS, SERVICES, AND FUNDS FOR Dam Safety Program Act (33 U.S.C. 467) is (B) in paragraph (2)—
REPAIR, RESTORATION, OR REHA- amended— (i) in the paragraph heading, by striking
BILITATION OF PROJECTS. ‘‘NON-FEDERAL SPONSOR’’ and inserting ‘‘ELI-
(1) in paragraph (4)—
(a) IN GENERAL.—In any area covered by an GIBLE SUBRECIPIENT’’;
(A) in subparagraph (A)—
emergency or major disaster declaration de- (ii) in the matter preceding subparagraph
(i) by striking clause (iii) and inserting the
clared under the Robert T. Stafford Disaster (A), by striking ‘‘the non-Federal sponsor
following:
Relief and Emergency Assistance Act (42 shall’’ and inserting ‘‘an eligible sub-
‘‘(iii) has an emergency action plan that—
U.S.C. 5121 et seq.), the Secretary is author- recipient shall, with respect to the dam to be
‘‘(I) is approved by the relevant State dam
ized to accept and use materials, services, rehabilitated by the eligible subrecipient’’;
safety agency; or
and funds, during the period the declaration (iii) by amending subparagraph (A) to read
‘‘(II) is in conformance with State law and
is in effect, from a non-Federal interest or as follows:
pending approval by the relevant State dam
private entity to repair, restore, or rehabili- ‘‘(A) demonstrate that the community in
tate a federally authorized water resources safety agency;’’; and
which the dam is located participates in, and
development project, and to provide reim- (ii) by striking clause (iv) and inserting the
complies with, all applicable Federal flood
bursement to such non-Federal interest or following:
insurance programs, including dem-
private entity for such materials, services, ‘‘(iv) fails to meet minimum dam safety
onstrating that such community is partici-
and funds, in the Secretary’s sole discretion, standards of the State in which the dam is
pating in the National Flood Insurance Pro-
and subject to the availability of appropria- located, as determined by the State; and gram, and is not on probation, suspended, or
tions, if the Secretary determines that reim- ‘‘(v) poses an unacceptable risk to the pub- withdrawn from such Program;’’;
bursement is in the public interest. lic, as determined by the Administrator, in (iv) in subparagraph (B), by striking
(b) ADDITIONAL REQUIREMENT.—The Sec- consultation with the Board.’’; and ‘‘have’’ and inserting ‘‘beginning not later
retary may only reimburse for the use of ma- (B) in subparagraph (B)(i), by inserting than 2 years after the date on which the Ad-
terials or services accepted under this sec- ‘‘under a hydropower project with an author- ministrator publishes criteria for hazard
tion if such materials or services meet the ized installed capacity of greater than 1.5 mitigation plans under paragraph (3), dem-
Secretary’s specifications and comply with megawatts’’ after ‘‘dam’’; and onstrate that the Tribal or local government
all applicable laws and regulations that (2) in paragraph (10)— with jurisdiction over the area in which the
would apply if such materials and services (A) in the heading, by striking ‘‘NON-FED- dam is located has’’; and
were acquired by the Secretary, including ERAL SPONSOR’’ and inserting ‘‘ELIGIBLE SUB- (v) in subparagraph (C), by striking ‘‘50-
sections 3141 through 3148 and 3701 through RECIPIENT’’; and year period’’ and inserting ‘‘expected life of
3708 of title 40, United States Code, section (B) by striking ‘‘The term ‘non-Federal the dam’’; and
8302 of title 41, United States Code, and the sponsor’ ’’ and inserting ‘‘The term ‘eligible (C) by adding at the end the following:
National Environmental Policy Act of 1969. subrecipient’ ’’. ‘‘(3) HAZARD MITIGATION PLAN CRITERIA.—
(c) AGREEMENTS.— (b) REHABILITATION OF HIGH HAZARD POTEN- Not later than 1 year after the date of enact-
(1) IN GENERAL.—Prior to the acceptance of TIAL DAMS.— ment of this paragraph, the Administrator,
materials, services, or funds under this sec- (1) ESTABLISHMENT OF PROGRAM.—Section in consultation with the Board, shall publish
tion, the Secretary and the non-Federal in- 8A(a) of the National Dam Safety Program criteria for hazard mitigation plans required
terest or private entity shall enter into an Act (33 U.S.C. 467f–2(a)) is amended by strik- under paragraph (2)(B).’’.
agreement that specifies— ing ‘‘to non-Federal sponsors’’ and inserting (5) FLOODPLAIN MANAGEMENT PLANS.—Sec-
(A) the non-Federal interest or private en- ‘‘to States with dam safety programs’’. tion 8A(e) of the National Dam Safety Pro-
tity shall hold and save the United States (2) ELIGIBLE ACTIVITIES.—Section 8A(b) of gram Act (33 U.S.C. 467f–2(e)) is amended—
free from any and all damages that arise the National Dam Safety Program Act (33 (A) in paragraph (1)—
from use of materials or services of the non- U.S.C. 467f–2(b)) is amended, in the matter (i) in the matter preceding subparagraph
Federal interest or private entity, except for preceding paragraph (1), by striking ‘‘for a (A), by striking ‘‘the non-Federal sponsor’’
damages due to the fault or negligence of the project may be used for’’ and inserting ‘‘to a and inserting ‘‘an eligible subrecipient’’; and
United States or its contractors; State may be used by the State to award (ii) in subparagraph (B), by striking ‘‘1
(B) the non-Federal interest or private en- grants to eligible subrecipients for’’. year’’ and inserting ‘‘2 years’’ each place it
tity shall certify that the materials or serv- (3) AWARD OF GRANTS.—Section 8A(c) of the appears; and
ices comply with all applicable laws and reg- National Dam Safety Program Act (33 U.S.C. (B) by striking paragraph (3) and inserting
ulations under subsection (b); and 467f–2(c)) is amended— the following:
(C) any other term or condition required (A) in paragraph (1)(A), by striking ‘‘non- ‘‘(3) PLAN CRITERIA AND TECHNICAL SUP-
by the Secretary. Federal sponsor’’ and inserting ‘‘State’’; and PORT.—The Administrator, in consultation
(2) EXCEPTION.—If an agreement under (B) in paragraph (2)— with the Board, shall provide criteria, and
paragraph (1) was not entered prior to mate- (i) in subparagraph (A), by striking ‘‘an eli- may provide technical support, for the devel-
rials or services being contributed, a non- gible high hazard potential dam to a non- opment and implementation of floodplain
Federal interest or private entity shall enter Federal sponsor’’ and inserting ‘‘eligible high management plans prepared under this sub-
into an agreement with the Secretary that— hazard potential dams to a State’’; section.’’.
(A) specifies the value, as determined by (ii) in subparagraph (B)— (6) CONTRACTUAL REQUIREMENTS.—Section
the Secretary, of those materials or services (I) in the subparagraph heading, by strik- 8A(i)(1) of the National Dam Safety Program
contributed and eligible for reimbursement; ing ‘‘PROJECT GRANT’’ and inserting Act (33 U.S.C. 467f–2(i)(1)) is amended by
and ‘‘GRANT’’; striking ‘‘a non-Federal sponsor’’ and insert-
(B) ensures that the materials or services (II) by striking ‘‘project grant agreement ing ‘‘an eligible subrecipient’’.
comply with subsection (b) and paragraph with the non-Federal sponsor’’ and inserting SEC. 136. REHABILITATION OF CORPS OF ENGI-
(1). ‘‘grant agreement with the State’’; and NEERS CONSTRUCTED PUMP STA-
SEC. 134. LEVEE SAFETY. (III) by striking ‘‘project,’’ and inserting TIONS.
Section 9004 of the Water Resources Devel- ‘‘projects for which the grant is awarded,’’; (a) DEFINITIONS.—In this section:
opment Act of 2007 (33 U.S.C. 3303) is amend- (iii) by amending subparagraph (C) to read (1) ELIGIBLE PUMP STATION.—The term ‘‘eli-
ed by adding at the end the following: as follows: gible pump station’’ means a pump station—
‘‘(d) IDENTIFICATION OF DEFICIENCIES.— ‘‘(C) GRANT ASSURANCE.—As part of a grant (A) constructed, in whole or in part, by the
‘‘(1) IN GENERAL.—For each levee included agreement under subparagraph (B), the Ad- Corps of Engineers for flood risk manage-
in an inventory established under subsection ministrator shall require that each eligible ment purposes;
(b) or for which the Secretary has conducted subrecipient to which the State awards a (B) that the Secretary has identified as
a review under subsection (c), the Secretary grant under this section provides an assur- having a major deficiency; and
shall— ance, with respect to the dam to be rehabili- (C) the failure of which the Secretary has
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‘‘(A) identify the specific engineering and tated by the eligible subrecipient, that the determined would impair the function of a
maintenance deficiencies, if any; and dam owner will carry out a plan for mainte- flood risk management project constructed
‘‘(B) describe the recommended remedies nance of the dam during the expected life of by the Corps of Engineers.
to correct each deficiency identified under the dam.’’; and (2) REHABILITATION.—
subparagraph (A), and, if requested by owner (iv) in subparagraph (D), by striking ‘‘A (A) IN GENERAL.—The term ‘‘rehabilita-
of a non-Federal levee, the associated costs grant provided under this section shall not tion’’, with respect to an eligible pump sta-
of those remedies. exceed’’ and inserting ‘‘A State may not tion, means to address a major deficiency of
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July 29, 2020 CONGRESSIONAL RECORD — HOUSE H3935
the eligible pump station caused by long- cordance with the project authorization or completion or performance of the covered
term degradation of the foundation, con- this subsection. project.
struction materials, or engineering systems ‘‘(B) NEW PROJECT PARTNERSHIP AGREE- ‘‘(ii) CREDIT OF COSTS.—If the non-Federal
or components of the eligible pump station. MENTS.—The Secretary may not enter into a interest incurs costs or in-kind contributions
(B) INCLUSIONS.—The term ‘‘rehabilita- project partnership agreement under this for a project to remedy a design or construc-
tion’’, with respect to an eligible pump sta- subsection during the period beginning on tion deficiency of a project or separable ele-
tion, includes— the date of enactment of this paragraph and ment which has a 100 percent Federal cost
(i) the incorporation into the eligible pump ending on the date on which the Secretary share, and the Secretary determines the
station of— issues the guidance under subparagraph remedy to be integral to the completion or
(I) current design standards; (A).’’. performance of the project, the Secretary is
(II) efficiency improvements; and SEC. 138. DEFINITION OF ECONOMICALLY DIS- authorized to credit such costs to any inter-
(III) associated drainage; and ADVANTAGED COMMUNITY. est accrued on a deferred non-Federal con-
(ii) increasing the capacity of the eligible (a) IN GENERAL.—Not later than 180 days tribution.’’.
pump station, subject to the condition that after the date of enactment of this Act, the SEC. 141. REVIEW OF CONTRACTING POLICIES.
the increase shall— Secretary shall issue guidance defining the (a) IN GENERAL.—Not later than 180 days
(I) significantly decrease the risk of loss of term ‘‘economically disadvantaged commu- after the date of enactment of this section,
life and property damage; or nity’’ for the purposes of this Act and the the Secretary shall complete a review of the
(II) decrease total lifecycle rehabilitation amendments made by this Act. policies, guidelines, and regulations of the
costs for the eligible pump station. (b) CONSIDERATIONS.—In defining the term Corps of Engineers for the development of
(b) AUTHORIZATION.—The Secretary may ‘‘economically disadvantaged community’’ contractual agreements between the Sec-
carry out rehabilitation of an eligible pump under subsection (a), the Secretary shall, to retary and non-Federal interests and utili-
station, if the Secretary determines that the the maximum extent practicable, utilize the ties associated with the construction of
rehabilitation is feasible. criteria under paragraphs (1) or (2) of section water resources development projects.
(c) COST SHARING.—The non-Federal inter- 301(a) of the Public Works and Economic De- (b) REPORT.—Not later than 90 days after
est for the eligible pump station shall— velopment Act of 1965 (42 U.S.C. 3161), to the completing the review under subsection (a),
(1) provide 35 percent of the cost of reha- extent that such criteria are applicable in re- the Secretary shall submit to the Committee
bilitation of an eligible pump station carried lation to the development of water resources on Transportation and Infrastructure of the
out under this section; and development projects. House of Representatives and the Committee
(2) provide all land, easements, rights-of- (c) PUBLIC COMMENT.—In developing the on Environment and Public Works of the
way, and necessary relocations associated Senate, and make publicly available, a re-
guidance under subsection (a), the Secretary
with the rehabilitation described in subpara- port that includes—
shall provide notice and an opportunity for
graph (A), at no cost to the Federal Govern- (1) a summary of the results of the review;
public comment.
ment. and
SEC. 139. COST SHARING PROVISIONS FOR TERRI-
(d) AGREEMENT REQUIRED.—The rehabilita- (2) public guidance on best practices for
TORIES AND INDIAN TRIBES.
tion of an eligible pump station pursuant to non-Federal interest to use when writing or
Section 1156(b) of the Water Resources De- developing contractual agreements with the
this section shall be initiated only after a
velopment Act of 1986 (33 U.S.C. 2310(b)) is Secretary and utilities.
non-Federal interest has entered into a bind-
amended by striking ‘‘for inflation’’ and all (c) PROVISION OF GUIDANCE.—The Secretary
ing agreement with the Secretary—
that follows through the period at the end shall provide the best practices guidance in-
(1) to pay the non-Federal share of the
and inserting ‘‘on an annual basis for infla- cluded under subsection (b)(2) to non-Federal
costs of rehabilitation under subsection (c);
tion.’’. interests prior to the development of con-
and
(2) to pay 100 percent of the operation and SEC. 140. FLOOD CONTROL AND OTHER PUR- tractual agreements.
POSES. SEC. 142. BUY AMERICA.
maintenance costs of the rehabilitated eligi-
ble pump station, in accordance with regula- Section 103(k) of the Water Resources De- With respect to all Corps of Engineers con-
tions promulgated by the Secretary. velopment Act of 1986 (33 U.S.C. 2213) is struction and rehabilitation contracts to be
(e) TREATMENT.—The rehabilitation of an amended— awarded after the date of enactment of this
eligible pump station pursuant to this sec- (1) by striking ‘‘Except as’’ and inserting Act, the steel components furnished and de-
tion shall not be considered to be a separable the following: livered under such contracts shall be manu-
element of the associated flood risk manage- ‘‘(1) IN GENERAL.—Except as’’; and factured or fabricated in whole or substan-
ment project constructed by the Corps of En- (2) by adding at the end the following: tial part in the United States with steel pro-
gineers. ‘‘(2) RENEGOTIATION OF TERMS.— duced or made in the United States, its terri-
(f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) IN GENERAL.—At the request of a non- tories, or possessions.
There is authorized to be appropriated to Federal interest, the Secretary and the non- SEC. 143. ANNUAL REPORT ON STATUS OF FEASI-
carry out this section $60,000,000, to remain Federal interest may renegotiate the terms BILITY STUDIES.
available until expended. and conditions of an eligible deferred pay- Concurrent with each report submitted
SEC. 137. NON-FEDERAL PROJECT IMPLEMENTA- ment, including— under section 7001 of the Water Resources
TION PILOT PROGRAM. ‘‘(i) permitting the non-Federal contribu- Reform and Development Act of 2014 (33
Section 1043(b) of the Water Resources Re- tion to be made without interest, pursuant U.S.C. 2282d), the Secretary shall submit to
form and Development Act of 2014 (33 U.S.C. to paragraph (1); the Committee on Transportation and Infra-
2201 note) is amended— ‘‘(ii) recalculation of the interest rate; structure of the House of Representatives
(1) in paragraph (7), by striking ‘‘the date ‘‘(iii) full or partial forgiveness of interest and the Committee on Environment and
that is 5 years after the date of enactment of accrued during the period of construction; Public Works a report that provides for an
this Act’’ and inserting ‘‘September 30, 2026’’; and accounting of all outstanding feasibility
(2) in paragraph (8), by striking ‘‘2023’’ and ‘‘(iv) a credit against construction interest studies being conducted by the Secretary, in-
inserting ‘‘2026’’; and for a non-Federal investment that benefits cluding, for each such study, its length, cost,
(3) by adding at the end the following: the completion or performance of the project and expected completion date.
‘‘(9) IMPLEMENTATION GUIDANCE.— or separable element. TITLE II—STUDIES AND REPORTS
‘‘(A) IN GENERAL.—Not later than 120 days ‘‘(B) ELIGIBLE DEFERRED PAYMENT.—An eli- SEC. 201. AUTHORIZATION OF PROPOSED FEASI-
after the date of enactment of this para- gible deferred payment agreement under sub- BILITY STUDIES.
graph, the Secretary shall issue guidance for paragraph (A) is an agreement for which— (a) IN GENERAL.—The Secretary is author-
the implementation of the pilot program ‘‘(i) the non-Federal contribution was ized to conduct a feasibility study for the
that, to the extent practicable, identifies— made with interest; following projects for water resources devel-
‘‘(i) the metrics for measuring the success ‘‘(ii) the period of project construction ex- opment and conservation and other purposes,
of the pilot program; ceeds 10 years from the execution of a as identified in the reports titled ‘‘Report to
‘‘(ii) a process for identifying future project partnership agreement or appropria- Congress on Future Water Resources Devel-
projects to participate in the pilot program; tion of funds; and opment’’ submitted to Congress pursuant to
‘‘(iii) measures to address the risks of a ‘‘(iii) the construction interest exceeds section 7001 of the Water Resources Reform
non-Federal interest constructing projects $45,000,000. and Development Act of 2014 (33 U.S.C. 2282d)
under the pilot program, including which en- ‘‘(C) CREDIT FOR NON-FEDERAL CONTRIBU- or otherwise reviewed by Congress:
tity bears the risk for projects that fail to TION.— (1) TONTO CREEK, GILA RIVER, ARIZONA.—
meet the Corps of Engineers standards for ‘‘(i) IN GENERAL.—The Secretary is author- Project for flood risk management, Tonto
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design or quality; ized to credit any costs incurred by the non- Creek, Gila River, Arizona.
‘‘(iv) the laws and regulations that a non- Federal interest (including in-kind contribu- (2) SULPHUR RIVER, ARKANSAS AND TEXAS.—
Federal interest must follow in carrying out tions) to remedy a design or construction de- Project for ecosystem restoration, Sulphur
a project under the pilot program; and ficiency of a covered project or separable ele- River, Arkansas and Texas.
‘‘(v) which entity bears the risk in the ment toward the non-Federal share of the (3) CABLE CREEK, CALIFORNIA.—Project for
event that a project carried out under the cost of the covered project, if the Secretary flood risk management, water supply, and
pilot program fails to be carried out in ac- determines the remedy to be integral to the related benefits, Cable Creek, California.
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H3936 CONGRESSIONAL RECORD — HOUSE July 29, 2020
(4) DEL MAR BLUFFS, CALIFORNIA.—Project tion, and ecosystem restoration, Wading (6) Project for flood damage reduction and
for shoreline stabilization, Del Mar Bluffs, River Creek, New York. ecosystem restoration, Del Rosa Channel,
San Diego County, California. (26) REEL POINT PRESERVE, NEW YORK.— city of San Bernardino, California.
(5) REDBANK AND FANCHER CREEKS, CALI- Project for navigation and shoreline sta- (7) Project for flood risk management,
FORNIA.—Project for water conservation and bilization, Reel Point Preserve, New York. Lower Cache Creek, California.
water supply, Redbank and Fancher Creeks, (27) GOLDSMITH INLET, NEW YORK.—Project (8) Project for flood damage reduction and
California. for navigation, Goldsmith Inlet, New York. ecosystem restoration, Mission-Zanja Chan-
(6) RIO HONDO CHANNEL, CALIFORNIA.— (28) TUSCARAWAS RIVER BASIN, OHIO.— nel, cities of San Bernardino and Redlands,
Project for ecosystem restoration, Rio Project for comprehensive watershed study, California.
Hondo Channel, San Gabriel River, Cali- Tuscarawas River Basin, Ohio. (9) Project for shoreline protection, Ocean-
fornia. (29) LOWER COLUMBIA RIVER BASIN (TURNING side, California, authorized pursuant to sec-
(7) SOUTHERN CALIFORNIA, CALIFORNIA.— BASIN), OREGON AND WASHINGTON.—Project to tion 414 of the Water Resources Development
Project for coastal storm damage reduction, improve and add turning basins for the Act of 2000 (114 Stat. 2636; 121 Stat. 1176).
Southern California. project for navigation, Columbia River Chan- (10) Project for flood risk management,
(8) SHINGLE CREEK AND KISSIMMEE RIVER, nel, Oregon and Washington, authorized by Prado Basin, California.
FLORIDA.—Project for ecosystem restoration section 101(b)(13) of the Water Resources De- (11) Project to modify the project for navi-
and water storage, Shingle Creek and Kis- velopment Act of 1999 (113 Stat. 280). gation, San Francisco Bay to Stockton, Cali-
simmee River, Osceola County, Florida. (30) WILLIAMSPORT, PENNSYLVANIA.—
fornia.
(9) ST. JOHN’S RIVER AND LAKE JESUP, FLOR- Project for flood risk management and levee (12) Project to modify the Seven Oaks
IDA.—Project for ecosystem restoration, St. rehabilitation, greater Williamsport, Penn- Dam, California, portion of the project for
John’s River and Lake Jesup, Florida. sylvania. flood control, Santa Ana River Mainstem,
(10) WAIMEA RIVER, HAWAII.—Project for (31) CITY OF CHARLESTON, SOUTH CARO- California, authorized by section 401(a) of the
flood risk management, Waimea River, LINA.—Project for tidal- and inland-related
Water Resources Development Act of 1986
Kauai, Hawaii. flood risk management, Charleston, South (100 Stat. 4113; 101 Stat. 1329–111; 104 Stat.
(11) CHICAGO AREA WATERWAYS SYSTEM, IL- Carolina.
LINOIS.—Project for ecosystem restoration,
4611; 110 Stat. 3713; 121 Stat. 1115), to include
(32) TENNESSEE AND CUMBERLAND RIVER BA- water conservation as an authorized purpose.
recreation, and other purposes, Illinois SINS, TENNESSEE.—Project to deter, impede,
River, Chicago River, Calumet River, Grand (13) Project to modify the project for navi-
or restrict the dispersal of aquatic nuisance gation, Delaware River Mainstem and Chan-
Calumet River, Little Calumet River, and species in the Tennessee and Cumberland
other waterways in the vicinity of Chicago, nel Deepening, Delaware, New Jersey, and
River Basins, Tennessee. Pennsylvania, authorized by section 101(6) of
Illinois. (33) SABINE PASS TO GALVESTON BAY,
(12) FOX RIVER, ILLINOIS.—Project for flood the Water Resources Development Act of
TEXAS.—Modification of the project for hur-
risk management, Fox River, Illinois. 1992 (106 Stat. 4802; 113 Stat. 300; 114 Stat.
ricane and storm damage risk reduction, 2602), to include the construction of a turn-
(13) LOWER MISSOURI RIVER, KANSAS.— Port Arthur and Orange County, Texas, au-
Project for bank stabilization and naviga- ing basin located near the Packer Avenue
thorized by section 203 of the Flood Control Marine Terminal.
tion, Lower Missouri River, Sioux City, Kan- Act of 1962 (76 Stat. 1184), and authorized as
sas. (14) Project for ecosystem restoration, Cen-
a separable element of the project for Sabine tral and Southern Florida Project Canal 111
(14) TANGIPAHOA PARISH, LOUISIANA.— Pass to Galveston Bay, authorized by item 3
Project for flood risk management, (C–111), South Dade County, Florida.
of section 1401(3) of the Water Resources De- (15) Project for comprehensive hurricane
Tangipahoa Parish, Louisiana. velopment Act of 2018 (132 Stat. 3838), to re-
(15) K ENT NARROWS AND CHESTER RIVER, and storm damage risk reduction and shore-
duce the risk of flooding through the con- line erosion protection, Chicago, Illinois, au-
MARYLAND.—Project for navigation, Kent struction of improvements to interior drain-
Narrows and Chester River, Queen Anne’s thorized by section 101(a)(12) of the Water
age. Resources Development Act of 1996 (110 Stat.
County, Maryland. (34) PORT OF VICTORIA, TEXAS.—Project for
(16) BOSTON, MASSACHUSETTS.—Project for 3664; 113 Stat. 302).
flood risk management, Port of Victoria, (16) Project for flood risk management,
hurricane and storm damage risk reduction, Texas.
Boston, Massachusetts, pursuant to the com- Wheaton, DuPage County, Illinois.
(35) LOWER FOX RIVER BASIN, WISCONSIN.— (17) Project for flood damage reduction,
prehensive study authorized under the Dis- Project for comprehensive watershed study,
aster Relief Appropriations Act, 2013 (Public ecosystem restoration, and recreation, Blue
Lower Fox River Basin, Wisconsin. River Basin, Kansas City, Kansas, carried
Law 113–2). (36) UPPER FOX RIVER AND WOLF RIVER, WIS-
(17) LOWER ST. CROIX RIVER, MINNESOTA.— out pursuant to the resolution of the Com-
CONSIN.—Project for flood risk management
Project for flood risk management, eco- mittee on Transportation and Infrastructure
and ecosystem restoration, Upper Fox River of the House of Representatives adopted on
system restoration, and recreation, Lower
and Wolf River, Wisconsin. September 24, 2008 (docket number 2803).
St. Croix River, Minnesota. (b) SPECIAL RULE.—The Secretary shall
(18) ESCATAWPA RIVER BASIN, MISSISSIPPI.— (18) Project for flood control, Amite River
consider any study carried out by the Sec-
Project for flood risk management and eco- retary to formulate the modifications to the and Tributaries east of the Mississippi River,
system restoration, Escatawpa River, Jack- project for hurricane and storm damage risk Louisiana.
son County, Mississippi. reduction, Port Arthur and Orange County, (19) Project for coastal storm risk manage-
(19) LONG BEACH, BAY ST. LOUIS AND MIS- Texas, identified in subsection (a)(33) to be a ment, Upper Barataria Basin, Louisiana.
SISSIPPI SOUND, MISSISSIPPI.—Project for hur- continuation of the study carried out for (20) Project to replace the Bourne and Sag-
ricane and storm damage risk reduction and Sabine Pass to Galveston Bay, Texas, au- amore Bridges, Cape Cod, Massachusetts.
flood risk management, Long Beach, Bay St. thorized by a resolution of the Committee on (21) Project to deepen the project for navi-
Louis and Mississippi Sound, Mississippi. Environment and Public Works of the Sen- gation, Gulfport Harbor, Mississippi, author-
(20) PASCAGOULA RIVER BASIN, MISSISSIPPI.— ate, approved June 23, 2004, and funded by ized by section 202(a) of the Water Resources
Project for comprehensive watershed study, title IV of division B of the Bipartisan Budg- Development Act of 1986 (100 Stat. 4094).
Pascagoula, Mississippi. et Act of 2018, under the heading ‘‘Corps of (22) Project for flood risk management,
(21) TALLAHOMA AND TALLAHALA CREEKS, Engineers—Civil—Department of the Army— Rahway River Basin, New Jersey.
MISSISSIPPI.—Project for flood risk manage- Construction’’ (Public Law 115–123; 132 Stat. (23) Project for hurricane and storm dam-
ment, Leaf River, Jones County, Mississippi. 76). age risk reduction, Raritan Bay and Sandy
(22) LOWER OSAGE RIVER BASIN, MISSOURI.— SEC. 202. EXPEDITED COMPLETIONS. Hook Bay, Highlands, New Jersey.
Project for ecosystem restoration, Lower (a) FEASIBILITY REPORTS.—The Secretary (24) Project for navigation, Shark River,
Osage River Basin, Missouri. shall expedite the completion of a feasibility New Jersey.
(23) UPPER BASIN AND STONY BROOK (GREEN study for each of the following projects, and (25) Project for flood risk management,
BROOK SUB-BASIN), RARITAN RIVER BASIN, NEW if the Secretary determines that the project Rondout Creek-Wallkill River Watershed,
JERSEY.—Reevaluation of the Upper Basin is justified in a completed report, may pro- New York, carried out pursuant to the reso-
and Stony Brook portions of the project for ceed directly to preconstruction planning, lution of the Committee on Transportation
flood control, Green Brook Sub-basin, Rari- engineering, and design of the project: and Infrastructure of the House of Rep-
tan River Basin, New Jersey, authorized by (1) Project for navigation, St. George Har- resentatives adopted on May 2, 2007 (docket
section 401 of the Water Resources Develop- bor, Alaska. number 2776).
ment Act of 1986 (100 Stat. 4119), including (2) Project for shoreline stabilization, (26) Project for ecosystem restoration and
the evaluation of nonstructural measures to Aunu‘u Harbor, American Samoa. hurricane and storm damage risk reduction,
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achieve the project purpose. (3) Project for shoreline stabilization, Spring Creek South (Howard Beach), Queens,
(24) LAKE ONTARIO SHORELINE, NEW YORK.— Tutuila Island, American Samoa. New York.
Project for coastal storm resiliency, Lake (4) Project for flood risk management, (27) Project to resolve increased silting and
Ontario shoreline, New York. Lower Santa Cruz River, Arizona. shoaling adjacent to the Federal channel,
(25) WADING RIVER CREEK, NEW YORK.— (5) Project for flood control, water con- Port of Bandon, Coquille River, Oregon.
Project for hurricane and storm damage risk servation, and related purposes, Coyote Val- (28) Project for flood control, 42nd Street
reduction, flood risk management, naviga- ley Dam, California. Levee, Springfield, Oregon, being carried out
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July 29, 2020 CONGRESSIONAL RECORD — HOUSE H3937
under section 205 of the Flood Control Act of SEC. 203. FEASIBILITY STUDY MODIFICATIONS. (A) assure the preservation of cultural and
1948 (33 U.S.C. 701s). (a) SAN FRANCISCO BAY, CALIFORNIA.—Sec- historic values associated with national his-
(29) Project for ecosystem restoration, tion 142 of the Water Resources Development toric landmarks within the study area; and
Hood River at the confluence with the Co- Act of 1976 (90 Stat. 2930) is amended— (B) provide flood risk management for eco-
lumbia River, Oregon. (1) by inserting ‘‘, and along the ocean nomically disadvantaged communities with-
(30) Project for flood risk management, Rio shoreline of San Mateo, San Francisco, and in the study area.
Culebrinas, Puerto Rico. Marin Counties,’’ after ‘‘Sacramento and San SEC. 205. COMPREHENSIVE STUDY OF THE SAC-
(31) Project for flood risk management, Rio Joaquin Rivers’’; RAMENTO RIVER, YOLO BYPASS,
Grande de Manati, Puerto Rico. (2) by inserting ‘‘and, with respect to the CALIFORNIA.
(32) Project for flood risk management, Rio bay and ocean shorelines of San Mateo, San (a) COMPREHENSIVE STUDY.—The Secretary
Guayanilla, Puerto Rico. Francisco, and Marin Counties, the feasi- shall conduct a comprehensive study of the
(33) Project for flood risk management, bility of and the Federal interest in pro- Sacramento River in the vicinity of the Yolo
Dorchester County, South Carolina. viding measures to adapt to rising sea lev- Bypass System, California, to identify ac-
(34) Project for navigation, Georgetown els’’ after ‘‘tidal and fluvial flooding’’; tions to be undertaken by the Secretary for
Harbor, South Carolina. (3) by striking ‘‘investigation’’ and insert- the comprehensive management of the Yolo
(35) Project for hurricane and storm dam- ing in its place ‘‘investigations’’; and Bypass System for the purposes of flood risk
age risk reduction, Myrtle Beach, South (4) by inserting after ‘‘San Francisco Bay management, ecosystem restoration, water
Carolina. region’’ the following: ‘‘and, with respect to supply, hydropower, and recreation.
(36) Project to modify the projects for navi- the bay and ocean shorelines and streams (b) CONSULTATION AND USE OF EXISTING
gation and other purposes, Old Hickory Lock running to the bay and ocean shorelines of DATA.—
and Dam and the Cordell Hull Dam and Res- San Mateo, San Francisco, and Marin Coun- (1) CONSULTATION.—In conducting the com-
ervoir, Cumberland River, Tennessee, au- ties, the effects of proposed measures or im- prehensive study under subsection (a), the
thorized by the Act of July 24, 1946 (chapter provements on the local economy; habitat Secretary shall consult with the Governor of
595, 60 Stat. 636), to add flood risk manage- restoration, enhancement, or expansion ef- the State of California, applicable Federal,
ment as an authorized purpose. forts or opportunities; public infrastructure State, and local agencies, non-Federal inter-
(37) Project for flood risk management, protection and improvement; stormwater ests, the Yolo Bypass and Cache Slough
ecosystem restoration, water supply, and re- runoff capacity and control measures, in- Partnership, and other stakeholders.
lated purposes, Lower Rio Grande River, cluding those that may mitigate flooding; (2) USE OF EXISTING DATA AND PRIOR STUD-
erosion of beaches and coasts; and any other IES.—To the maximum extent practicable
Cameron County, Texas, carried out pursu-
ant to the resolution of the Committee on measures or improvements relevant to and where appropriate, the Secretary may—
Transportation and Infrastructure of the adapting to rising sea levels’’. (A) make use of existing data provided to
House of Representatives adopted on May 21, (b) SACRAMENTO RIVER, SOUTHERN SUTTER the Secretary by the entities identified in
2003 (docket number 2710). COUNTY, CALIFORNIA.—The study for flood paragraph (1); and
(38) Project for hurricane and storm dam- control and allied purposes for the Sac- (B) incorporate—
age risk reduction and shoreline erosion pro- ramento River Basin, authorized by section (i) relevant information from prior studies
tection, Bolongo Bay, St. Thomas, United 209 of the Flood Control Act of 1962 (76 Stat. and projects carried out by the Secretary
States Virgin Islands. 1197), is modified to authorize the Secretary within the study area; and
(39) Project for flood risk management, to conduct a study for flood risk manage- (ii) the latest technical data and scientific
Savan Gut Phase II, St. Thomas, United ment, southern Sutter County between the approaches to changing hydrologic and cli-
States Virgin Islands. Sacramento River and Sutter Bypass, Cali- matic conditions.
fornia. (c) RECOMMENDATIONS.—
(40) Project for flood risk management,
(c) SALTON SEA, CALIFORNIA.—In carrying (1) IN GENERAL.—In conducting the com-
Turpentine Run, St. Thomas, United States
out the program to implement projects to re- prehensive study under subsection (a), the
Virgin Islands.
store the Salton Sea, California, authorized Secretary may develop a recommendation to
(41) Project for navigation, North Landing
by section 3032 of the Water Resources Devel- Congress for—
Bridge, Atlantic Intracoastal Waterway, Vir-
opment Act of 2007 (121 Stat. 1113; 130 Stat. (A) the construction of a water resources
ginia.
1677), the Secretary is authorized to carry development project;
(b) POST-AUTHORIZATION CHANGE RE- out a study for the construction of a perim- (B) the structural or operational modifica-
PORTS.—The Secretary shall expedite com- eter lake, or a northern or southern subset tion of an existing water resources develop-
pletion of a post-authorization change report thereof, for the Salton Sea, California. ment project;
for the following projects: (d) NEW YORK AND NEW JERSEY HARBOR AND (C) additional monitoring of, or adaptive
(1) Project for ecosystem restoration, Tres TRIBUTARIES, NEW YORK AND NEW JERSEY.— management measures to carry out with re-
Rios, Arizona. The study for flood and storm damage reduc- spect to, existing water resources develop-
(2) Project for flood control, San Luis Rey tion for the New York and New Jersey Har- ment projects, to respond to changing hydro-
River, California. bor and Tributaries project, authorized by logic and climatic conditions; or
(3) Project for ecosystem restoration, Cen- the Act of June 15, 1955 (chapter 140, 69 Stat. (D) geographic areas within the Yolo By-
tral and Southern Florida Project Canal 111 132), and being carried out pursuant to the pass System for additional study by the Sec-
(C–111), South Dade County, Florida. Disaster Relief Appropriations Act, 2013 retary.
(4) Project for ecosystem restoration, Com- (Public Law 113–2), is modified to require the (2) ADDITIONAL CONSIDERATIONS.—Any fea-
prehensive Everglades Restoration Plan, Secretary to— sibility study carried out pursuant to a rec-
Caloosahatchee River C–43, West Basin Stor- (1) evaluate and address the impacts of ommendation under paragraph (1)(D) shall be
age Reservoir, Florida. low-frequency precipitation and sea-level considered to be a continuation of the com-
(5) Project for flood risk management, Des rise on the study area; prehensive study authorized under sub-
Moines Levee System, including Birdland (2) consult with affected communities; and section (a).
Park Levee, Des Moines and Raccoon Rivers, (3) ensure the study is carried out in ac- (d) COMPLETION OF STUDY; REPORT TO CON-
Des Moines, Iowa. cordance with section 1001 of the Water Re- GRESS.—Not later than 3 years after the date
sources Reform and Development Act of 2014 of enactment of this section, the Secretary
(c) WATERSHED AND RIVER BASIN ASSESS- (33 U.S.C. 2282c). shall submit to the Committee on Transpor-
MENTS.—The Secretary shall expedite the
SEC. 204. SELMA, ALABAMA. tation and Infrastructure of the House of
completion of an assessment under section
Not later than 180 days after the date of Representatives and the Committee on Envi-
729 of the Water Resources Development Act enactment of this Act, the Secretary shall ronment and Public Works of the Senate a
of 1986 (33 U.S.C. 2267a), for the following: submit to the Committee on Transportation report detailing—
(1) Kansas River Basin, Kansas. and Infrastructure of the House of Rep- (1) the results of the comprehensive study
(2) Merrimack River Basin, Massachusetts. resentatives and the Committee on Environ- conducted under subsection (a), including
(d) DISPOSITION STUDIES.—The Secretary ment and Public Works of the Senate a re- any recommendations developed under sub-
shall expedite the completion of a disposi- port that— section (c);
tion study, carried out under section 216 of (1) provides an update on the study for (2) any additional, site-specific areas with-
the Flood Control Act of 1970 (33 U.S.C. 549a), flood risk management and riverbank sta- in the Yolo Bypass System where additional
for the following: bilization, Selma, Alabama, authorized by study for flood risk management or eco-
(1) The disposition of the project for Sali- resolutions of the Committees on Public system restoration projects is recommended
nas Reservoir (Santa Margarita Lake), Cali- Works and Rivers and Harbors of the House by the Secretary; and
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fornia. of Representatives on June 7, 1961, and April (3) any interim actions relating to existing
(2) The partial disposition of the Upper St. 28, 1936, respectively, the completion of water resources development projects under-
Anthony Falls Lock facility and surrounding which the Secretary was required to expedite taken by the Secretary during the study pe-
real property, in accordance with the re- by section 1203 of the Water Resources Devel- riod.
quirements of section 2010 of the Water Re- opment Act of 2018 (132 Stat. 3803); and (e) DEFINITIONS.—In this section:
sources Reform and Development Act of 2014 (2) identifies project alternatives necessary (1) YOLO BYPASS SYSTEM.—The term ‘‘Yolo
(128 Stat. 1270; 132 Stat. 3812). to— Bypass System’’ means the system of weirs,
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H3938 CONGRESSIONAL RECORD — HOUSE July 29, 2020
levees, bypass structures, and other water and critical natural or cultural resources; to identify actions to be undertaken by the
resources development projects in Califor- and Secretary for the comprehensive manage-
nia’s Sacramento River Valley, extending (3) to the maximum extent practicable and ment of the basin for the purposes of flood
from the Fremont Weir near Woodland, Cali- where appropriate, utilize existing data pro- risk management, navigation, ecosystem
fornia, to the Sacramento River near Rio vided to the Secretary by Federal and State restoration, water supply, hydropower, and
Vista, California, authorized pursuant to sec- agencies, Indian Tribes, and other stake- recreation.
tion 2 of the Act of March 1, 1917 (chapter holders, including data obtained through (2) FOCUS AREAS.—In conducting the com-
144; 39 Stat. 949). other Federal programs. prehensive study under paragraph (1), the
(2) YOLO BYPASS AND CACHE CLOUGH PART- (b) RECOMMENDATIONS; ADDITIONAL Secretary shall investigate projects, includ-
NERSHIP.—The term ‘‘Yolo Bypass and Cache STUDY.— ing—
Slough Partnership’’ means the group of par- (1) IN GENERAL .—In carrying out the com- (A) projects proposed in the comprehensive
ties to the Yolo Bypass and Cache Slough prehensive assessment described in sub- coastal protection master plan entitled
Memorandum of Understanding, effective section (a), the Secretary may make a rec- ‘‘Louisiana Comprehensive Master Plan for a
May 2016, regarding collaboration and co- ommendation to Congress for— Sustainable Coast’’ prepared by the State of
operation in the Yolo Bypass and Cache (A) the construction of a water resources Louisiana and accepted by the Louisiana
Slough region. development project; Coastal Protection and Restoration Author-
SEC. 206. LAKE OKEECHOBEE REGULATION (B) the structural or operational modifica- ity (including any subsequent amendments
SCHEDULE, FLORIDA. tion of an existing water resources develop- or revisions), including—
(a) IN GENERAL.—In carrying out the re- ment project; (i) Ama sediment diversion;
view of the Lake Okeechobee regulation (C) such additional monitoring of, or (ii) Union freshwater diversion;
schedule pursuant to section 1106 of the adaptive management measures to carry out (iii) increase Atchafalaya flow to
Water Resources Development Act of 2018 with respect to, existing water resources de- Terrebonne; and
(132 Stat. 3773), the Secretary shall— velopment projects, to respond to changing (iv) Manchac Landbridge diversion; and
(1) evaluate the implications of prohibiting hydrologic and climatic conditions; or (B) natural features and nature-based fea-
releases from Lake Okeechobee through the (D) geographic areas within the Great tures, including levee setbacks and instream
S–308 and S–80 lock and dam structures on Lakes System for additional study by the and floodplain restoration.
the operation of the lake in accordance with Secretary. (b) CONSULTATION AND USE OF EXISTING
authorized purposes and seek to minimize (2) ADDITIONAL CONSIDERATIONS.—Any fea- DATA.—In conducting the comprehensive
unnecessary releases to coastal estuaries; sibility study carried out pursuant to a rec- study under subsection (a), the Secretary
and ommendation under paragraph (1)(D) shall be shall consult with applicable Federal, State,
(2) to the maximum extent practicable, co- considered to be a continuation of the com- and local agencies, Indian Tribes, non-Fed-
ordinate with the ongoing efforts of Federal prehensive assessment described in sub- eral interests, and other stakeholders, and,
and State agencies responsible for moni- section (a). to the maximum extent practicable and
toring, forecasting, and notification of (c) EXEMPTION FROM MAXIMUM STUDY COST where appropriate, make use of existing data
cyanobacteria levels in Lake Okeechobee. AND DURATION LIMITATIONS.—Section 1001 of provided to the Secretary by such parties.
(b) MONTHLY REPORT.—Each month, the the Water Resources Reform and Develop- (c) RECOMMENDATIONS.—
Secretary shall make public a report, which ment Act of 2014 (33 U.S.C. 2282c) shall not (1) IN GENERAL.—In conducting the com-
may be based on the Water Management apply to any study recommended under sub- prehensive study under subsection (a), the
Daily Operational Reports, disclosing the section (b)(1)(D). Secretary may develop a recommendation to
volumes of water deliveries to or discharges SEC. 208. RATHBUN LAKE, CHARITON RIVER, Congress for—
from Lake Okeechobee & Vicinity, Water IOWA. (A) the construction of a water resources
Conservation Area I, Water Conservation development project;
Not later than 1 year after the date of en-
Area II, Water Conservation Area III, East (B) the structural or operational modifica-
actment of this Act, the Secretary shall sub-
Coast Canals, and the South Dade Convey- tion of an existing water resources develop-
mit to the Committee on Transportation and
ance. Such report shall be aggregated and re- ment project;
Infrastructure of the House of Representa-
ported in a format designed for the general (C) such additional monitoring of, or
tives and the Committee on Environment
public, using maps or other widely under-
and Public Works of the Senate a report that adaptive management measures to carry out
stood communication tools.
evaluates— with respect to, existing water resources de-
(c) EFFECT.—In carrying out the evaluation
under subsection (a)(1), nothing shall be con- (1) the existing allocations of storage space velopment projects, to respond to changing
strued to authorize any new purpose for the for Rathbun Lake, authorized pursuant to conditions; or
management of Lake Okeechobee or author- the Flood Control Act of 1954 (68 Stat. 1262; (D) geographic areas within the Lower Mis-
ize the Secretary to affect any existing au- 121 Stat. 1124), including the existing alloca- sissippi River basin for additional study by
thorized purpose, including flood protection tion for municipal water supply; the Secretary.
and management of Lake Okeechobee to pro- (2) the feasibility of expanding the existing (2) ADDITIONAL CONSIDERATIONS.—Any fea-
vide water supply for all authorized users. allocation of storage for municipal water sibility study carried out pursuant to a rec-
SEC. 207. GREAT LAKES COASTAL RESILIENCY supply; and ommendation under this subsection shall be
STUDY. (3) the affordability of future municipal considered to be a continuation of the com-
(a) IN GENERAL.—In carrying out the com- water supply allocations from Rathbun prehensive study required under subsection
prehensive assessment of water resources Lake, for residential users of such future al- (a).
needs for the Great Lakes System under sec- locations, at projected future costs. (d) COMPLETION OF STUDY; REPORT TO CON-
tion 729 of the Water Resources Development SEC. 209. REPORT ON THE STATUS OF RESTORA- GRESS.—Not later than 3 years after the date
Act of 1986 (33 U.S.C. 2267a), as required by TION IN THE LOUISIANA COASTAL of enactment of this section, the Secretary
section 1219 of the Water Resources Develop- AREA. shall submit to the Committee on Transpor-
ment Act of 2018 (132 Stat. 3811), the Sec- Not later than 1 year after the date of en- tation and Infrastructure of the House of
retary shall— actment of this Act, the Coastal Louisiana Representatives and the Committee on Envi-
(1) taking into account recent high lake Ecosystem Protection and Restoration Task ronment and Public Works of the Senate a
levels within the Great Lakes, assess and Force established by section 7004 of Water report detailing—
make recommendations to Congress on— Resources Development Act of 2007 (121 Stat. (1) the results of the comprehensive study
(A) coastal storm and flood risk manage- 1272) shall submit to Congress a report that required by this section, including any rec-
ment measures, including measures that use summarizes the activities and recommenda- ommendations developed under subsection
natural features and nature-based features, tions of the task force, including— (c); and
as those terms are defined in section 1184 of (1) policies, strategies, plans, programs, (2) any interim actions relating to existing
the Water Resources Development Act of projects, and activities undertaken for ad- water resources development projects under-
2016 (33 U.S.C. 2289a); dressing conservation, protection, restora- taken by the Secretary during the study pe-
(B) operation and maintenance of the tion, and maintenance of the coastal Lou- riod.
Great Lakes Navigation System, as such isiana ecosystem; and SEC. 211. UPPER MISSISSIPPI RIVER COM-
term is defined in section 210 of the Water (2) financial participation by each agency PREHENSIVE PLAN.
Resources Development Act of 1986 (33 U.S.C. represented on the Task Force in conserving, (a) ASSESSMENT.—The Secretary shall con-
2238); protecting, restoring, and maintaining the duct an assessment of the water resources
(C) ecosystem protection and restoration; coastal Louisiana ecosystem. needs of the Upper Mississippi River under
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(D) the prevention and control of invasive SEC. 210. LOWER MISSISSIPPI RIVER COM- section 729 of the Water Resources Develop-
species and the effects of invasive species; PREHENSIVE STUDY. ment Act of 1986 (33 U.S.C. 2267a).
and (a) COMPREHENSIVE STUDY.— (b) REQUIREMENTS.—The Secretary shall
(E) recreation associated with water re- (1) IN GENERAL.—The Secretary shall con- carry out the assessment under subsection
sources development projects; duct a comprehensive study of the Lower (a) in accordance with the requirements in
(2) prioritize actions necessary to protect Mississippi River basin, from Cape section 1206(b) of Water Resources Develop-
critical public infrastructure, communities, Girardeau, Missouri, to the Gulf of Mexico, ment Act of 2016 (130 Stat. 1686).
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July 29, 2020 CONGRESSIONAL RECORD — HOUSE H3939
SEC. 212. LOWER MISSOURI BASIN FLOOD RISK (7) PRECONSTRUCTION, ENGINEERING, AND DE- 1962 (76 Stat. 1173), as required to be expe-
AND RESILIENCY STUDY, IOWA, KAN- SIGN.—Upon completion of a study author- dited under section 1317 of the Water Re-
SAS, NEBRASKA, AND MISSOURI. ized by this section, if the Secretary deter- sources Development Act of 2018 (Public Law
(a) ADDITIONAL STUDIES.— mines that a recommended project, or modi- 115–270).
(1) IN GENERAL.—Except as provided in fication to a project described in paragraph SEC. 214. COUGAR AND DETROIT DAMS, WILLAM-
paragraph (2), upon the request of the non- (1), is justified, the Secretary may proceed ETTE RIVER BASIN, OREGON.
Federal interest for the Lower Missouri directly to preconstruction planning, engi- (a) REPORT.—Not later than 2 years after
Basin study, the Secretary shall expand the neering, and design of the project or modi- the date of enactment of this Act, the Sec-
scope of such study to investigate and pro- fication. retary shall submit to the Committee on
vide recommendations relating to— (8) TECHNICAL ASSISTANCE.— Transportation and Infrastructure of the
(A) modifications to projects in Iowa, Kan- (A) IN GENERAL.—For the provision of tech- House of Representatives and the Committee
sas, Nebraska, and Missouri authorized nical assistance to support small commu- on Environment and Public Works of the
under the Pick-Sloan Missouri River Basin nities and economically disadvantaged com- Senate, and make publicly available, a re-
Program (authorized by section 9(b) of the munities in the planning and design of flood port providing an initial analysis of
Flood Control Act of December 22, 1944 risk management and flood risk resiliency deauthorizing hydropower as a project pur-
(chapter 665, 58 Stat. 891)) and the Missouri projects in the Lower Missouri River Basin, pose at the Cougar and Detroit Dams
for each of fiscal years 2021 through 2026, project.
River Bank Stabilization and Navigation
there are authorized to be appropriated— (b) CONTENTS.—The Secretary shall include
project (authorized by section 2 of the Act of in the report submitted under subsection
(i) $2,000,000 to carry out section 206 of the
March 2, 1945 (chapter 19, 59 Stat. 19)), in- (a)—
Flood Control Act of 1960 (33 U.S.C. 709a), in
cluding modifications to the authorized pur- (1) a description of the potential effects of
addition to amounts otherwise authorized to
poses of such projects to further flood risk deauthorizing hydropower as a project pur-
carry out such section; and
management and resiliency; and pose at the Cougar and Detroit Dams project
(ii) $2,000,000 to carry out section 22(a)(2) of
(B) modifications to non-Federal, publicly on—
the Water Resources Development Act of
owned levees in the Lower Missouri River (A) the operation of the project, including
1974 (42 U.S.C. 1962d–16), in addition to
Basin. with respect to the other authorized pur-
amounts otherwise authorized to carry out
(2) EXCEPTION.—If the Secretary deter- such section. poses of the project;
mines that expanding the scope of the Lower (B) CONDITIONS.— (B) compliance of the project with the En-
Missouri Basin study as provided in para- (i) LIMITATIONS NOT APPLICABLE.—The limi- dangered Species Act;
graph (1) is not practicable, and the non-Fed- tations on the use of funds in section 206(d) (C) costs that would be attributed to other
eral interest for such study concurs in such of the Flood Control Act of 1960 and section authorized purposes of the project, including
determination, the Secretary shall carry out 22(c)(2) of the Water Resources Development costs relating to compliance with such Act;
such additional studies as are necessary to Act of 1974 shall not apply to the amounts and
investigate the modifications described in authorized to be appropriated by subpara- (D) other ongoing studies in the Willam-
paragraph (1). graph (A). ette River Basin; and
(3) CONTINUATION OF LOWER MISSOURI BASIN (ii) RULE OF CONSTRUCTION.—Nothing in (2) identification of any further research
STUDY.—The following studies shall be con-
this paragraph restricts the authority of the needed.
sidered a continuation of the Lower Missouri Secretary to use any funds otherwise appro- (c) PROJECT DEFINED.—In this section, the
Basin study: priated to carry out section 206 of the Flood terms ‘‘Cougar and Detroit Dams project’’
(A) Any additional study carried out under Control Act of 1960 or section 22(a)(2) of the and ‘‘project’’ mean the Cougar Dam and
paragraph (2). Water Resources Development Act of 1974 to Reservoir project and Detroit Dam and Res-
(B) Any study recommended to be carried provide technical assistance described in ervoir project, Willamette River Basin, Or-
out in a report that the Chief of Engineers subparagraph (A). egon, authorized by section 204 of the Flood
prepares for the Lower Missouri Basin study. (9) COMPLETION OF STUDY; REPORT TO CON- Control Act of 1950 (64 Stat. 179).
(C) Any study recommended to be carried GRESS.—Not later than 3 years after the date SEC. 215. PORT ORFORD, OREGON.
out in a report that the Chief of Engineers of enactment of this Act, the Secretary shall Not later than 180 days after the date of
prepares for an additional study carried out submit to the Committee on Transportation enactment of this Act, the Secretary shall,
under paragraph (2). and Infrastructure of the House of Rep- at Federal expense, submit to the Committee
(D) Any study spun off from the Lower resentatives and the Committee on Environ- on Transportation and Infrastructure of the
Missouri Basin study before the completion ment and Public Works of the Senate a re- House of Representatives and the Committee
of such study. port detailing— on Environment and Public Works of the
(E) Any study spun off from an additional (A) the results of the study authorized by Senate a summary report on the research
study carried out under paragraph (2) before this section; completed and data gathered by the date of
the completion of such additional study. (B) any additional, site-specific areas with- enactment of this Act with regards to the
(4) RELIANCE ON EXISTING INFORMATION.—In in the Lower Missouri River Basin for which configuration of a breakwater for the project
carrying out any study described in or au- additional study for flood risk management for navigation, Port Orford, Oregon, author-
thorized by this section, the Secretary, to projects is recommended by the Secretary; ized by section 117 of the River and Harbor
the extent practicable, shall rely on existing and Act of 1970 (84 Stat. 1822; 106 Stat. 4809), for
data and analysis, including data and anal- (C) any interim actions relating to existing the purposes of addressing shoaling issues to
ysis prepared under section 22 of the Water water resources development projects under- minimize long-term maintenance costs.
Resources Development Act of 1974 (42 U.S.C. taken by the Secretary during the study pe- SEC. 216. WILSON CREEK AND SLOAN CREEK,
1962d–16). riod. FAIRVIEW, TEXAS.
(5) CONSIDERATION; CONSULTATION.—In de- (b) DEFINITIONS.—In this section: Not later than 180 days after the date of
veloping recommendations under paragraph (1) LOWER MISSOURI BASIN STUDY.—The enactment of this section, the Secretary
(1), the Secretary shall— term ‘‘Lower Missouri Basin study’’ means shall submit to Congress a written status up-
(A) consider the use of— the Lower Missouri Basin Flood Risk and date regarding efforts to address flooding
(i) structural and nonstructural measures, Resiliency Study, Iowa, Kansas, Nebraska, along Wilson Creek and Sloan Creek in the
including the setting back of levees and re- and Missouri, authorized pursuant to section City of Fairview, Texas.
moving structures from areas of recurring 216 of the Flood Control Act of 1970 (33 U.S.C. SEC. 217. GAO STUDY ON MITIGATION FOR
flood vulnerability, where advantageous, to 549a). WATER RESOURCES DEVELOPMENT
reduce flood risk and damages in the Lower (2) SMALL COMMUNITY.—The term ‘‘small PROJECTS.
Missouri River Basin; and community’’ means a local government that Not later than 18 months after the date of
(ii) where such features are locally accept- serves a population of less than 15,000. enactment of this Act, the Comptroller Gen-
able, natural features or nature-based fea- SEC. 213. PORTSMOUTH HARBOR AND eral of the United States shall—
tures (as such terms are defined in section PISCATAQUA RIVER AND RYE HAR- (1) conduct a study on the mitigation of
1184 of the Water Resources Development BOR, NEW HAMPSHIRE. the impact of water resources development
Act of 2016 (33 U.S.C. 2289a); and Not later than 180 days after the date of projects, including the impact on fish and
(B) consult with applicable Federal and enactment of this Act, the Secretary shall wildlife, consistent with the requirements of
State agencies, Indian Tribes, and other submit to Congress a written status update section 906 of the Water Resources Develop-
stakeholders within the Lower Missouri regarding— ment Act of 1986 (33 U.S.C. 2283), section
River Basin and solicit public comment on (1) efforts to address the impacts of 307(a) of the Water Resources Development
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such recommendations. shoaling affecting the project for navigation, Act of 1990 (33 U.S.C. 2317(a)), and section
(6) EXEMPTION FROM MAXIMUM STUDY COST Rye Harbor, New Hampshire, authorized by 2036(b) of the Water Resources Development
AND DURATION LIMITATIONS.—Section 1001 of section 101 of the River and Harbor Act of Act of 2007 (33 U.S.C. 2283a), including—
the Water Resources Reform and Develop- 1960 (74 Stat. 480); and (A) an evaluation of guidance or instruc-
ment Act of 2014 (33 U.S.C. 2282c) shall not (2) the project for navigation, Portsmouth tions issued, and other measures taken, by
apply to the Lower Missouri Basin study or Harbor and Piscataqua River, authorized by the Secretary to ensure successful mitiga-
any study described in paragraph (3). section 101 of the River and Harbor Act of tion of such impacts;
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H3940 CONGRESSIONAL RECORD — HOUSE July 29, 2020
(B) a review of the methods of mitigation, (D) projects assigned to harbors and inland troller General of the United States shall
including the use of in-lieu fees, mitigation harbors within the Great Lakes Navigation conduct, and submit to the Committee on
banking, and permittee-responsible mitiga- System (as defined in such section); Transportation and Infrastructure of the
tion, and their long-term effectiveness of re- (4) an assessment of any deferred operation House of Representatives and the Committee
storing or mitigating ecosystem services im- and maintenance needs for such projects; on Environment and Public Works of the
pacted by such projects; (5) an assessment of the annual funding Senate a report on the results of, a study on
(C) a review of how the use of the different level trends for moderate-use harbor projects commercial concessionaires at Corps of En-
mitigation methods for such projects varies (as defined in section 210 of the Water Re- gineers recreational facilities.
across Corps of Engineers districts; sources Development Act of 1986 on the day (b) REQUIREMENTS.—The study under sub-
(D) an assessment of the backlog of mitiga- before the date of enactment of this Act) section (a) shall include—
tion projects, including the number of miti- after the date of enactment of the Water Re- (1) an analysis of Corps of Engineers poli-
gation projects pending completion to ad- sources Development Act of 2014 (Public Law cies as they relate to the pricing of items
dress such impacts resulting from con- 113–121), excluding funds awarded to donor sold by commercial concessionaires at Corps
structed water resources development ports, medium-sized donor ports, and energy of Engineers recreational facilities, includ-
projects; transfer ports (as such terms are defined in ing commoditized goods such as fuel and food
(E) an evaluation of how the Secretary section 2106 of the Water Resources Reform items;
tracks compliance with the mitigation re- and Development Act of 2014 (33 U.S.C. 2201)); (2) an assessment of the impact of gross
quirements across Corps of Engineers dis- (6) an assessment of projected needs associ- revenue fees on—
tricts; ated with donor ports, medium-sized donor (A) the sales of items described in para-
(F) a review of how the mitigation require- ports, and energy transfer ports (as such graph (1);
ments for water resources development terms are defined in section 2106 of the Water (B) the total revenues collected by com-
projects contributes to the resilience of Resources Reform and Development Act of mercial concessionaires at Corps of Engi-
water resources in the United States; 2014 (33 U.S.C. 2201)); and neers recreational facilities; and
(G) an assessment of whether mitigation is (7) an itemization of expenditures provided (C) the amounts of the moneys paid by
being done prior to or contemporaneously to donor ports, medium-sized donor ports, such concessionaires to the United States—
with the construction of projects, as required and energy transfer ports under section 2106 (i) amounts equivalent to which are appro-
by section 906 of the Water Resources Devel- of the Water Resources Reform and Develop- priated to the Corps of Engineers for oper-
opment Act of 1986 (33 U.S.C. 2283); ment Act of 2014 (33 U.S.C. 2201). ation and maintenance of recreational facili-
(H) an evaluation of compliance with sec- (b) REPORT TO CONGRESS.—Upon comple- ties; or
tion 906(d) of the Water Resources Develop- tion of the report under subsection (a), the (ii) that are distributed to States and
ment Act of 1986 (33 U.S.C. 2283(d)) for the de- Comptroller General shall submit such re- counties under section 7 of the Act of August
velopment of specific mitigation plans for port to the Committee on Transportation 18, 1941 (33 U.S.C. 701c–3);
projects, whether such plans were successful and Infrastructure of the House of Rep- (3) an assessment of the potential impact
in mitigating the designated impacts of the resentatives and the Committee on Environ- of using a fixed revenue fee on the sales, rev-
projects, and, in instances where such plans ment and Public Works of the Senate. enues, and amounts described in paragraph
were not successful, what actions the Sec- SEC. 219. GAO STUDY ON ADMINISTRATION OF (2);
retary is taking to modify the plans such ENVIRONMENTAL BANKS. (4) an analysis of Corps of Engineers poli-
that they will be successful; and (a) IN GENERAL.—Not later than one year cies related to the length of commercial con-
(I) an assessment of how the Secretary after the date of enactment of this Act, the cessionaire contracts;
might take advantage of natural infrastruc- Comptroller General of the United States (5) an assessment of the impacts of chang-
ture in mitigation planning to reduce flood shall conduct a study and submit to the ap- ing the length of commercial concessionaire
risks and flood recovery costs for some com- propriate committees of Congress a report contracts to a minimum of 25 years, includ-
munities; and that analyzes the administration of section ing assessment of—
(2) submit to Congress a report that— 309 of the Coastal Wetlands Planning, Pro- (A) the potential effects on monetary in-
(A) describes the results of the study con- tection and Restoration Act to establish an vestment in Corps of Engineers properties by
ducted under paragraph (1); environmental bank (as defined in such sec- commercial concessionaires, including
(B) includes recommendations to ensure tion), such that the Secretary— whether establishing such a minimum con-
compliance with and successful implementa- (1) achieves the objectives of the report of tract length would lead to increased invest-
tion of mitigation requirements for water re- the Chief of Engineers for ecosystem restora- ment; and
sources development projects; and tion in the Louisiana Coastal Area or the ob- (B) whether establishing such a minimum
(C) includes recommendations to ensure jectives of the comprehensive coastal protec- contract length would reduce competition,
existing programs and authorities include tion master plan entitled ‘‘Louisiana Com- or result in commercial concessionaires pro-
the use, to the maximum extent practicable, prehensive Master Plan for a Sustainable viding less value to the public or to water re-
of natural infrastructure. Coast’’ prepared by the State of Louisiana sources development projects; and
and accepted by the Louisiana Coastal Pro- (6) an assessment of whether changes in
SEC. 218. GAO STUDY ON APPLICATION OF HAR-
BOR MAINTENANCE TRUST FUND EX- tection and Restoration Authority (includ- the concessionaire fee structure or the min-
PENDITURES. ing any subsequent amendments or revi- imum length of a commercial concessionaire
sions); contract is in the public interest.
(a) STUDY.—Not later than 18 months after (2) promotes ridge restoration, barrier is- SEC. 221. STUDY ON WATER SUPPLY AND WATER
the date of enactment of this Act, the Comp- land restoration, marsh creation, non- CONSERVATION AT WATER RE-
troller General of the United States shall structural risk management, or any other SOURCES DEVELOPMENT PROJECTS.
conduct a study of the operation and mainte- projects authorized, funded, or undertaken, (a) IN GENERAL.—Not later than 18 months
nance needs of federally authorized harbor or proposed to be authorized, funded, or un- after the date of enactment of this Act, the
and inland harbor projects, including— dertaken, pursuant to such comprehensive Secretary shall submit to the Committee on
(1) an inventory of all federally authorized coastal protection master plan; Transportation and Infrastructure of the
harbor and inland harbor projects; (3) allows for proactive investment in House of the Representatives and the Com-
(2) an assessment of current uses of such projects by a public or private entity seeking mittee on Environment and Public Works of
projects (and, to the extent practicable, the to generate credits to satisfy responsibilities the Senate a report that analyzes the bene-
national, regional, and local benefits of such associated with environmental compliance; fits and consequences of including municipal
uses), including the uses listed in section (4) allows for leveraging additional State, water supply and water conservation as a
210(d)(2)(B) of the Water Resources Develop- Parish, or Federal funds; and primary mission of the Corps of Engineers in
ment Act of 1986; (5) recommends methods for awarding ad- carrying out water resources development
(3) an assessment of the annual operation ditional credit for high-priority projects list- projects.
and maintenance needs associated with har- ed in the report and plan described in para- (b) INCLUSION.—The Secretary shall include
bors and inland harbors referred to in sub- graph (1). in the report submitted under subsection
section (a)(2) of section 210 of the Water Re- (b) CONSULTATION WITH STAKEHOLDERS.—In (a)—
sources Development Act of 1986 (33 U.S.C. carrying out subsection (a), the Comptroller (1) a description of existing water re-
2238), including a breakdown of such needs General of the United States shall consult sources development projects with municipal
for each of the following types of projects— with the Secretary, the Louisiana Coastal water supply or water conservation as au-
(A) emerging harbor projects (as defined in Wetlands Conservation and Restoration Task thorized purposes, and the extent to which
Force, the Governor of Louisiana (or an ap-
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such section); such projects are utilized for such purposes;
(B) moderate-use harbor projects (as de- pointee), and other stakeholders, to the ex- (2) a description of existing water re-
fined in such section on the day before the tent practicable. sources development projects with respect to
date of enactment of this Act); SEC. 220. STUDY ON CORPS OF ENGINEERS CON- which—
(C) high-use harbor projects (as defined in CESSIONAIRE AGREEMENTS. (A) municipal water supply or water con-
such section on the day before the date of en- (a) STUDY.—Not later than 1 year after the servation could be added as a project pur-
actment of this Act); and date of enactment of this Act, the Comp- pose, including those with respect to which a
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July 29, 2020 CONGRESSIONAL RECORD — HOUSE H3941
non-Federal interest has expressed an inter- opment of innovative technologies and meth- (A) DEAUTHORIZATION AMOUNT.—The Sec-
est in adding municipal water supply or odologies for the detection, treatment, and retary shall prepare a proposed list of
water conservation as a project purpose; and cleanup of PFAS associated with Federal fa- projects for deauthorization comprised of a
(B) such a purpose could be accommodated cilities, including groundwater associated subset of projects and separable elements
while maintaining existing authorized pur- with such facilities. identified on the preliminary list developed
poses; (2) DUPLICATION OF EFFORTS.—Nothing in under paragraph (1) that have, in the aggre-
(3) a description of ongoing water resources this subsection is intended to duplicate the gate, an estimated Federal cost to complete
development project studies the authoriza- activities undertaken by other Federal agen- that is at least $10,000,000,000.
tions for which include authorization for the cies as identified in subsection (a)(3). (B) DETERMINATION OF FEDERAL COST TO
Secretary to study the feasibility of carrying (c) DEFINITION.—In this section, the term COMPLETE.—For purposes of subparagraph
out the project with a purpose of municipal ‘‘PFAS’’ means a perfluoroalkyl substance (A), the Federal cost to complete shall take
water supply or water conservation; or polyfluoroalkyl substance with at least into account any allowances authorized by
(4) an analysis of how adding municipal one fully fluorinated carbon atom. section 902 of the Water Resources Develop-
water supply and water conservation as a SEC. 223. REPORT ON RECREATIONAL FACILI- ment Act of 1986 (33 U.S.C. 2280), as applied
primary mission of the Corps of Engineers TIES. to the most recent project schedule and cost
would affect the ability of the Secretary to No later than 18 months after the date of estimate.
carry out future water resources develop- enactment of this Act, the Secretary shall (C) INCLUSION OF DEAUTHORIZATION OF ANTI-
ment projects; and submit to the Committee on Transportation QUATED PROJECTS.—The Secretary shall re-
(5) any recommendations of the Secretary and Infrastructure of the House of Rep- duce the amount identified for deauthoriza-
relating to including municipal water supply resentatives and the Committee on Environ- tion under paragraph (2)(A) by an amount
and water conservation as a primary mission ment and Public Works of the Senate a re- equivalent to the estimated current value of
of the Corps of Engineers. port that contains— each project, or separable element of a
SEC. 222. PFAS REVIEW AND INVENTORY AT (1) an inventory of all recreational infra- project, that is deauthorized by subsection
CORPS FACILITIES. structure and facilities associated with (f).
(a) INVENTORY OF PFAS AT CORPS FACILI- water resources development projects; (3) SEQUENCING OF PROJECTS.—
TIES.— (2) an assessment of the annual operation (A) IN GENERAL.—The Secretary shall iden-
(1) IN GENERAL.—Not later than 18 months and maintenance needs associated with such tify projects and separable elements for in-
after the date of enactment of this section, infrastructure and facilities; clusion on the proposed list of projects for
and annually thereafter the Secretary shall (3) an assessment of deferred operation and deauthorization under paragraph (2) accord-
complete an inventory of Corps of Engineers maintenance needs for such infrastructure ing to the order in which the projects and
civil works facilities that are or may be con- and facilities to operate safely at full capac- separable elements were authorized, begin-
taminated, or could become contaminated, ity; and ning with the earliest authorized projects
by PFAS. (4) an assessment of the economic benefits and separable elements and ending with the
(2) CONTENTS OF INVENTORY.—In carrying of recreation to local and regional economies latest project or separable element necessary
out this subsection, the Secretary shall re-
and benefits of sustaining and improving to meet the aggregate amount under para-
view and identify—
public access at recreational infrastructure graph (2)(A).
(A) all facilities owned or operated by the
and facilities. (B) FACTORS TO CONSIDER.—The Secretary
Corps of Engineers, for which there is a civil
TITLE III—DEAUTHORIZATIONS AND may identify projects and separable ele-
works function, that are or may be contami-
MODIFICATIONS ments in an order other than that estab-
nated, or could become contaminated, by
SEC. 301. DEAUTHORIZATION OF INACTIVE lished by subparagraph (A) if the Secretary
PFAS;
(B) the nature and extent of any such con- PROJECTS. determines, on a case-by-case basis, that a
tamination or potential for contamination, (a) PURPOSES.—The purposes of this section project or separable element is critical for
including any potential pathways for human are— interests of the United States, based on the
exposure to PFAS; (1) to identify water resources development possible impact of the project or separable
(C) response measures taken to monitor, projects authorized by Congress that are no element on public health and safety, the na-
control, remove, or remediate PFAS, or oth- longer viable for construction due to— tional economy, or the environment.
erwise reduce the risk of human exposure to (A) a lack of local support; (4) PUBLIC COMMENT AND CONSULTATION.—
PFAS; (B) a lack of available Federal or non-Fed- (A) IN GENERAL.—The Secretary shall so-
(D) for facilities identified under subpara- eral resources; or licit comments from the public and the Gov-
graph (A), the extent to which such facilities (C) an authorizing purpose that is no ernors of each applicable State on the pro-
(or any such contamination or potential for longer relevant or feasible; posed deauthorization list prepared under
contamination at such facilities) are related (2) to create an expedited and definitive paragraph (2)(A).
to the civil works functions of the Corps of process for Congress to deauthorize water re- (B) COMMENT PERIOD.—The public comment
Engineers; sources development projects that are no period shall be 90 days.
(E) the extent to which the Secretary, or longer viable for construction; and (5) PREPARATION OF FINAL DEAUTHORIZATION
other entities, may have responsibility for (3) to allow the continued authorization of LIST.—
such contamination or potential for con- water resources development projects that (A) IN GENERAL.—The Secretary shall pre-
tamination; and are viable for construction. pare a final deauthorization list by—
(F) for facilities identified under subpara- (b) PROPOSED DEAUTHORIZATION LIST.— (i) considering any comments received
graph (A), the costs to remediate and reduce (1) PRELIMINARY LIST OF PROJECTS.— under paragraph (4); and
the risk of human exposure to PFAS. (A) IN GENERAL.—The Secretary shall de- (ii) revising the proposed deauthorization
(3) COORDINATION WITH OTHER FEDERAL velop a preliminary list of each water re- list prepared under paragraph (2)(A) as the
AGENCIES.—To the maximum extent prac- sources development project, or separable Secretary determines necessary to respond
ticable, the actions taken under this sub- element of a project, authorized for con- to such comments.
section shall supplement and support work struction before November 8, 2007, for (B) APPENDIX.—The Secretary shall include
undertaken by other Federal agencies, in- which— as part of the final deauthorization list an
cluding actions taken pursuant to the plan (i) planning, design, or construction was appendix that—
published by the Administrator of the Envi- not initiated before the date of enactment of (i) identifies each project or separable ele-
ronmental Protection Agency, titled ‘‘EPA’s this Act; or ment on the proposed deauthorization list
Per- and Polyfluoroalkyl Substances (PFAS) (ii) planning, design, or construction was that is not included on the final deauthoriza-
Action Plan’’ and dated February 2019. initiated before the date of enactment of this tion list; and
(4) REPORT TO CONGRESS.—Upon completion Act, but for which no funds, Federal or non- (ii) describes the reasons why the project
of the inventory under paragraph (1), and an- Federal, were obligated for planning, design, or separable element is not included on the
nually thereafter concurrent with the Presi- or construction of the project or separable final deauthorization list.
dent’s annual budget request to Congress, element of the project during the current fis- (c) SUBMISSION OF FINAL DEAUTHORIZATION
the Secretary shall submit the inventory to cal year or any of the 10 preceding fiscal LIST TO CONGRESS FOR CONGRESSIONAL RE-
the Committee on Transportation and Infra- years. VIEW; PUBLICATION.—
structure of the House of Representatives (B) USE OF COMPREHENSIVE CONSTRUCTION (1) IN GENERAL.—Not later than 90 days
and the Committee on Environment and BACKLOG AND OPERATION AND MAINTENANCE after the date of the close of the comment
Public Works of the Senate. REPORT.—The Secretary may develop the period under subsection (b)(4), the Secretary
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(b) PFAS TECHNOLOGY RESEARCH.— preliminary list from the comprehensive shall—
(1) RESEARCH SUPPORT.—The Secretary, construction backlog and operation and (A) submit the final deauthorization list
acting through the Hazardous Waste Re- maintenance reports developed pursuant to and appendix prepared under subsection
search Center located at the Engineer Re- section 1001(b)(2) of the Water Resources De- (b)(5) to the Committee on Transportation
search and Development Center, shall, to the velopment Act of 1986 (33 U.S.C. 579a). and Infrastructure of the House of Rep-
maximum extent practicable, support the ef- (2) PREPARATION OF PROPOSED DEAUTHOR- resentatives and the Committee on Environ-
forts of other Federal agencies in the devel- IZATION LIST.— ment and Public Works of the Senate; and
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H3942 CONGRESSIONAL RECORD — HOUSE July 29, 2020
(B) publish the final deauthorization list (B) the estimated current value of each (2) in clause (iii), by striking ‘‘Arizona
and appendix in the Federal Register. such project or separable element of a River Basins.’’ and inserting ‘‘Arkansas
(2) EXCLUSIONS.—The Secretary shall not project. River Basins; and’’; and
include in the final deauthorization list sub- (g) ECONOMIC AND ENVIRONMENTAL REVIEW (3) by adding at the end the following:
mitted under paragraph (1) any project or OF INACTIVE WATER RESOURCES DEVELOPMENT ‘‘(iv) to protect the Russian River Basin,
separable element with respect to which PROJECTS.—The Secretary or the non-Fed- California.’’.
Federal funds for planning, design, or con- eral interest may not carry out any author- SEC. 306. REHABILITATION OF CORPS OF ENGI-
struction are obligated after the develop- ized water resources development project, or NEERS CONSTRUCTED DAMS.
ment of the preliminary list under sub- separable element of such project, for which Section 1177 of the Water Resources Devel-
section (b)(1)(A) but prior to the submission construction has not been initiated in the 20- opment Act of 2016 (33 U.S.C. 467f–2 note) is
of the final deauthorization list under para- year period following the date of the author- amended—
graph (1)(A) of this subsection. ization of such project or separable element, (1) in subsection (e), by striking
(d) DEAUTHORIZATION; CONGRESSIONAL RE- until— ‘‘$40,000,000’’ and inserting ‘‘$60,000,000’’; and
VIEW.—
(1) the Secretary provides to the Com- (2) in subsection (f), by striking
(1) IN GENERAL.—After the expiration of the mittee on Transportation and Infrastructure ‘‘$40,000,000’’ and inserting ‘‘$60,000,000’’.
2-year period beginning on the date of publi- of the House of Representatives and the SEC. 307. CHESAPEAKE BAY ENVIRONMENTAL
cation of the final deauthorization list and Committee on Environment and Public RESTORATION AND PROTECTION
Works of the Senate a post-authorization PROGRAM.
appendix under subsection (c)(1)(B), a project
change report that updates the economic and (a) IN GENERAL.—Section 510 of the Water
or separable element of a project identified
environmental analysis of the project or sep- Resources Development Act of 1996 (Public
in the final deauthorization list is hereby de-
arable element; and Law 104–303, 110 Stat. 3759; 121 Stat. 1202; 128
authorized, unless Congress passes a joint
(2) the Committee on Transportation and Stat. 1317) is amended—
resolution disapproving the final deauthor-
Infrastructure of the House of Representa- (1) by redesignating subsection (h) as sub-
ization list prior to the end of such period.
tives and the Committee on Environment section (i) and inserting after subsection (g)
(2) NON-FEDERAL CONTRIBUTIONS.—
and Public Works of the Senate take appro- the following:
(A) IN GENERAL.—A project or separable
priate action to address any modifications to ‘‘(h) PROJECT CAP.—The total cost of a
element of a project identified in the final
the economic and environmental analysis for project carried out under this section may
deauthorization list under subsection (c)
the project or separable element of the not exceed $15,000,000.’’; and
shall not be deauthorized under this sub-
project contained in the post-authorization (2) in subsection (i) (as so redesignated), by
section if, before the expiration of the 2-year
change report. striking ‘‘$40,000,000’’ and inserting
period referred to in paragraph (1), the non-
(h) DEFINITIONS.—In this section: ‘‘$60,000,000’’.
Federal interest for the project or separable
(1) POST-AUTHORIZATION CHANGE REPORT.— (b) OUTREACH AND TRAINING.—The Sec-
element of the project provides sufficient
The term ‘‘post-authorization change re- retary shall conduct public outreach and
funds to complete the project or separable
port’’ has the meaning given such term in workshops for non-Federal interests to pro-
element of the project.
section 1132(d) of the Water Resources Devel- vide information on the Chesapeake Bay en-
(B) TREATMENT OF PROJECTS.—Notwith-
opment Act of 2016 (33 U.S.C. 2282e). vironmental restoration and protection pro-
standing subparagraph (A), each project and
(2) POST-AUTHORIZATION STUDY.—The term gram established under section 510 of the
separable element of a project identified in
‘‘post-authorization study’’ means— Water Resources Development Act of 1996,
the final deauthorization list shall be treated
(A) a feasibility report developed under including how to participate in the program.
as deauthorized for purposes of the aggregate
section 905 of the Water Resources Develop- SEC. 308. UPPER MISSISSIPPI RIVER SYSTEM EN-
deauthorization amount specified in sub- VIRONMENTAL MANAGEMENT PRO-
section (b)(2)(A). ment Act of 1986 (33 U.S.C. 2282);
(B) a feasibility study, as defined in section GRAM.
(3) PROJECTS IDENTIFIED IN APPENDIX.—A Section 1103(e) of the Water Resources De-
project or separable element of a project 105(d) of the Water Resources Development
Act of 1986 (33 U.S.C. 2215(d)); or velopment Act of 1986 (33 U.S.C. 652(e)) is
identified in the appendix to the final de- amended—
authorization list shall remain subject to fu- (C) a review conducted under section 216 of
the Flood Control Act of 1970 (33 U.S.C. 549a), (1) in paragraph (3), by striking
ture deauthorization by Congress. ‘‘$22,750,000’’ and inserting ‘‘$40,000,000’’; and
including an initial appraisal that—
(e) SPECIAL RULES.— (i) demonstrates a Federal interest; and (2) in paragraph (4), by striking
(1) POST-AUTHORIZATION STUDIES.—A (ii) requires additional analysis for the ‘‘$10,420,000’’ and inserting ‘‘$15,000,000’’.
project or separable element of a project project or separable element. SEC. 309. MCCLELLAN-KERR ARKANSAS RIVER
may not be identified on the proposed de- (3) WATER RESOURCES DEVELOPMENT NAVIGATION SYSTEM.
authorization list developed under sub- PROJECT.—The term ‘‘water resources devel- Any Federal funds, regardless of the ac-
section (b), or the final deauthorization list opment project’’ includes an environmental count from which the funds were provided,
developed under subsection (c), if the project infrastructure assistance project or program used to carry out construction of the modi-
or separable element received funding for a of the Corps of Engineers. fication to the McClellan-Kerr Arkansas
post-authorization study during the current SEC. 302. ABANDONED AND INACTIVE NONCOAL River Navigation System, authorized in sec-
fiscal year or any of the 10 preceding fiscal MINE RESTORATION. tion 136 of the Energy and Water Develop-
years. ment Appropriations Act, 2004 (117 Stat.
Section 560(f) of the Water Resources De-
(2) TREATMENT OF PROJECT MODIFICA- 1842), shall be considered by the Secretary as
velopment Act of 1999 (33 U.S.C. 2336(f)) is
TIONS.—For purposes of this section, if an au- initiating construction of the project such
amended by striking ‘‘$20,000,000’’ and insert-
thorized water resources development that future funds will not require a new in-
ing ‘‘$30,000,000’’.
project or separable element of the project vestment decision.
SEC. 303. TRIBAL PARTNERSHIP PROGRAM.
has been modified by an Act of Congress, the SEC. 310. OUACHITA-BLACK RIVER NAVIGATION
date of the authorization of the project or Section 203(b)(4) of the Water Resources PROJECT, ARKANSAS.
separable element shall be deemed to be the Development Act of 2000 (33 U.S.C. 2269) is The project for navigation, Ouachita-Black
date of the most recent such modification. amended by striking ‘‘$12,500,000’’ each place River, Arkansas, authorized by section 101 of
it appears and inserting ‘‘$15,000,000’’. the River and Harbor Act of 1960 (Public Law
(f) DEAUTHORIZATION OF ANTIQUATED
SEC. 304. LAKES PROGRAM. 86–645), is modified to include water supply
PROJECTS.—
(1) IN GENERAL.—Any water resources de- Section 602(a) of the Water Resources De- as a project purpose, subject to completion
velopment project, or separable element of a velopment Act of 1986 (Public Law 99–662, 100 by the Secretary of a feasibility study and
project, authorized for construction prior to Stat. 4148; 110 Stat. 3758; 113 Stat. 295; 121 any other review necessary for such modi-
November 17, 1986, for which construction Stat. 1076) is amended— fication.
has not been initiated prior to the date of en- (1) in paragraph (27), by striking ‘‘and’’ at SEC. 311. SACRAMENTO RIVER, GLENN-COLUSA,
actment of this Act, or for which funds have the end; CALIFORNIA.
not been obligated for construction in the 10- (2) in paragraph (28), by striking the period The portion of project for flood control,
year period prior to the date of enactment of at the end and inserting a semicolon; and Sacramento River, California, authorized by
this Act, is hereby deauthorized. (3) by adding at the end the following: section 2 of the Act of March 1, 1917 (chapter
(2) IDENTIFICATION.—Not later than 60 days ‘‘(29) Ellis Pond and Guild Pond, Norwood, 144, 39 Stat. 949; 103 Stat. 649; 110 Stat. 3709;
after the date of enactment of this Act, the Massachusetts; and 112 Stat. 1841; 113 Stat. 299), consisting of a
Secretary shall issue to the Committee on ‘‘(30) Memorial Pond, Walpole, Massachu- riverbed gradient restoration facility at the
setts.’’. Glenn-Colusa Irrigation District Intake, is
dlhill on DSK120RN23PROD with HOUSE
Transportation and Infrastructure of the
House of Representatives and the Committee SEC. 305. WATERCRAFT INSPECTION STATIONS. no longer authorized beginning on the date
on Environment and Public Works of the Section 104(d)(1)(A) of the River and Har- of enactment of this Act.
Senate a report that identifies— bor Act of 1958 (33 U.S.C. 610(d)(1)(A)) is SEC. 312. LAKE ISABELLA, CALIFORNIA.
(A) the name of each project, or separable amended— (a) SENSE OF CONGRESS.—It is the sense of
element of a project, deauthorized by para- (1) in clause (ii), by striking ‘‘; and’’ and Congress that the Secretary, when evalu-
graph (1); and inserting a semicolon; ating alternative locations for construction
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July 29, 2020 CONGRESSIONAL RECORD — HOUSE H3943
of a permanent Isabella Lake Visitor Center Pierhead line; thence northerly along said thence to a point East 1,315,584.30 and North
by the Corps of Engineers to replace the fa- Pierhead line, to the intersection of the eas- 439,388.30, thence to a point East 1,315,259.31
cility impacted by the Isabella Dam safety terly right of way line of Van Ness Avenue, and North 438,908.30.
modification project, should afford substan- formerly Marlette Street, prolongation to (2) A transition area 200 foot wide to 300
tial weight to the site preference of the local the Pierhead line. foot wide, 15 foot deep, with a center line be-
community. ‘‘(b) REQUIREMENT THAT AREA BE IM- ginning at a point East 1,315,259.31 and North
(b) AUTHORITY.—The Secretary may ac- PROVED.—The declaration of nonnavigability 438,908.30 to a point East 1,315,044.31 and
quire such interests in real property as the under subsection (a) applies only to those North 438,748.30.
Secretary determines necessary or advisable parts of the area described in subsection (a) (3) A 300 foot wide, 15 foot deep channel
to support construction of the Isabella Dam that are or will be bulkheaded, filled, or oth- with a centerline beginning a point East
safety modification project. erwise occupied or covered by permanent 1,315,044.31 and North 438,748.30, thence to a
(c) TRANSFER.—The Secretary may trans- structures and does not affect the applica- point East 1,314,105.31 and North 438,124.79,
fer any real property interests acquired bility of any Federal statute or regulation thence to a point East 1,311,973.30 and North
under subsection (b) to any other Federal that relates to filling of navigable waters or 438,807.78, thence to a point East 1,311,369.73
agency or department without reimburse- to other regulated activities within the area and North 438,577.42, thence to a point East
ment. described in subsection (a), including sec- 1,311,015.73 and North 438,197.57, thence to a
(d) ISABELLA DAM SAFETY MODIFICATION tions 9 and 10 of the Act of March 3, 1899 (33 point East 1,309,713.47 and North 435,678.91.
PROJECT DEFINED.—In this section, the term U.S.C. 401, 403), section 404 of the Federal (4) A transition area 300 foot wide to 400
‘‘Isabella Dam safety modification project’’ Water Pollution Control Act, and the Na- foot wide, 15 foot deep to 24 foot deep, with
means the dam safety modification project tional Environmental Policy Act of 1969. a center line beginning at a point East
at the Isabella Reservoir in the San Joaquin ‘‘(c) INCLUSION OF EMBARCADERO HISTORIC 1,309,713.47 and North 435,678.91 to a point
Valley, California (authorized by Act of De- DISTRICT.—Congress finds and declares that East 1,307,709.33 and North 434,488.25.
cember 22, 1944 (chapter 665, 58 Stat. 901)), in- the area described in subsection (a) contains (5) A 400 foot wide, 24 foot deep channel
cluding the component of the project relat- the seawall, piers, and wharves that com- with a centerline beginning at a point East
ing to construction a visitor center facility. prise the Embarcadero Historic District list- 1,307,709.33 and North 434,488.25, thence to a
SEC. 313. LOWER SAN JOAQUIN RIVER FLOOD ed on the National Register of Historic point East 1,307,459.33 and North 434,173.25,
CONTROL PROJECT. Places on May 12, 2006.’’. thence to a point East 1,306,476.82 and North
The Secretary shall align the schedules of, (b) CONFORMING AMENDMENT.—Section 5052 1,306,476.82, thence to a point East 1,306,209.79
and maximize complimentary efforts, mini- of the Water Resources Development Act of and North 431,460.21, thence to a point at the
mize duplicative practices, and ensure co- 2007 (33 U.S.C. 59h–1) is repealed. end of the channel near Hains Point East
ordination and information sharing with re- SEC. 316. WESTERN PACIFIC INTERCEPTOR 1,305,997.63 and North 429,978.31.
spect to— CANAL, SACRAMENTO RIVER, CALI- SEC. 320. BIG CYPRESS SEMINOLE INDIAN RES-
(1) the project for flood risk management, FORNIA. ERVATION WATER CONSERVATION
PLAN, FLORIDA.
Lower San Joaquin River, authorized by sec- The portion of the project for flood protec-
tion 1401(2) of the Water Resources Develop- tion on the Sacramento River, authorized by The project for ecosystem restoration, Big
Cypress Seminole Indian Reservation Water
ment Act of 2018 (132 Stat. 3836); and section 2 of the of March 1, 1917 (chapter 144,
Conservation Plan, Florida, authorized pur-
(2) the second phase of the feasibility study 39 Stat. 949; 45 Stat. 539; 50 Stat. 877; 55 Stat.
suant to section 528 of the Water Resources
for the Lower San Joaquin River project for 647; 80 Stat. 1422), consisting of the portion of
Development Act of 1996 (110 Stat. 3767), is no
flood risk management, authorized for expe- the levee from GPS coordinate N2147673.584
longer authorized beginning on the date of
dited completion by section 1203(a)(7) of the E6690904.187 to N2147908.413 E6689057.060 asso- enactment of this Act.
Water Resources Development Act 2018 (132 ciated with the Western Pacific Interceptor
SEC. 321. CENTRAL EVERGLADES, FLORIDA.
Stat. 3803). Canal, is no longer authorized beginning on
The project for ecosystem restoration,
SEC. 314. SAN DIEGO RIVER AND MISSION BAY, the date of the enactment of this Act.
Central Everglades, authorized by section
SAN DIEGO COUNTY, CALIFORNIA. SEC. 317. RIO GRANDE ENVIRONMENTAL MAN- 1401(4) of the Water Resources Development
The portion of the project for flood control AGEMENT PROGRAM, COLORADO,
Act of 2016 (130 Stat. 1713), is modified to in-
and navigation, San Diego River and Mission NEW MEXICO, AND TEXAS.
clude the project for ecosystem restoration,
Bay, San Diego County, California, author- Section 5056(f) of the Water Resources De- Central and Southern Florida, Everglades
ized by the Act of July 24, 1946 (chapter 595, velopment Act of 2007 (Public Law 110–114, Agricultural Area, authorized by section 1308
60 Stat. 636), identified in the National Levee 121 Stat. 1213; 128 Stat. 1314) is amended by of the Water Resources Development Act of
Database established under section 9004 of striking ‘‘2019’’ and inserting ‘‘2029’’. 2018 (132 Stat. 3819), and to authorize the Sec-
the Water Resources Development Act of SEC. 318. NEW LONDON HARBOR WATERFRONT retary to carry out the project as so com-
2007 (33 U.S.C. 3303) as the San Diego River 3 CHANNEL, CONNECTICUT. bined.
segment and consisting of a 785-foot-long (a) IN GENERAL.—The portion of the project SEC. 322. MIAMI RIVER, FLORIDA.
segment of the right bank levee from Station for navigation, New London Harbor, Con- The portion of the project for navigation,
209+41.75 to its end at Station 217+26.75, as necticut, authorized by the first section of Miami River, Florida, authorized by the Act
described in construction plans dated August the Act of June 13, 1902 (chapter 1079, 32 Stat. of July 3, 1930 (46 Stat. 925; 59 Stat. 16; 74
30, 1951, is no longer authorized beginning on 333), described in subsection (b) is no longer Stat. 481; 100 Stat. 4257), beginning at the ex-
the date of enactment of this Act. authorized beginning on the date of enact- isting railroad bascule bridge and extending
SEC. 315. SAN FRANCISCO, CALIFORNIA, WATER- ment of this Act. approximately 1,000 linear feet upstream to
FRONT AREA. (b) AREA DESCRIBED.—The area referred to an existing salinity barrier and flood control
(a) IN GENERAL.—Section 114 of the River in subsection (a) is generally the portion be- structure, is no longer authorized beginning
and Harbor Act of 1968 (33 U.S.C. 59h) is tween and around the 2 piers at the State on the date of enactment of this Act.
amended to read as follows: Pier in New London, specifically the area— SEC. 323. JULIAN KEEN, JR. LOCK AND DAM,
‘‘SEC. 114. SAN FRANCISCO, CALIFORNIA, WATER- (1) beginning at a point N691263.78, MOORE HAVEN, FLORIDA.
FRONT AREA. E1181259.26; (a) DESIGNATION.—The Moore Haven Lock
‘‘(a) AREA TO BE DECLARED NONNAV- (2) running N 35°01’50.75’’ W about 955.59 and Dam, Moore Haven, Florida, authorized
IGABLE.—The following area is declared to be feet to a point N692046.26, E1180710.74; pursuant to the Act of August 30, 1935 (chap-
nonnavigable waters of the United States: (3) running N 54°58’06.78’’ E about 100.00 feet ter 831, 49 Stat. 1032), shall hereafter be
All of that portion of the City and County of to a point N692103.66, E1180792.62; known and designated as the ‘‘Julian Keen,
San Francisco, California, lying shoreward of (4) running S 35°01’50.75’’ E about 989.8 feet Jr. Lock and Dam’’.
to a point N691293.17, E1181360.78; and (b) REFERENCES.—Any reference in a law,
a line beginning at the intersection of the
(5) running S 73°51’15.45’’ W about 105.69 map, regulation, document, paper, or other
southerly right of way line of Earl Street
feet to the point described in paragraph (1). record of the United States to the Lock and
prolongation with the Pierhead United
Dam referred to in subsection (a) shall be
States Government Pierhead line, the SEC. 319. WASHINGTON HARBOR, DISTRICT OF
deemed to be a reference to the ‘‘Julian
Pierhead line as defined in the State of Cali- COLUMBIA.
Keen, Jr. Lock and Dam’’.
fornia Harbor and Navigation Code Section Beginning on the date of enactment of this SEC. 324. TAYLOR CREEK RESERVOIR AND LEVEE
1770, as amended in 1961; thence northerly Act, the project for navigation, Washington L–73 (SECTION 1), UPPER ST. JOHNS
along said Pierhead line to its intersection Harbor, District of Columbia, authorized by RIVER BASIN, FLORIDA.
with a line parallel with and distant 10 feet the Act of August 30, 1935 (chapter 831, 49 The portions of the project for flood con-
easterly from, the existing easterly bound- Stat. 1031), is modified to reduce, in part, the trol and other purposes, Central and South-
dlhill on DSK120RN23PROD with HOUSE
ary line of Pier 30–32; thence northerly along authorized dimensions of the project, such ern Florida, authorized by section 203 of the
said parallel line and its northerly prolonga- that the remaining authorized dimensions Flood Control Act of 1948 (62 Stat. 1176), con-
tion, to a point of intersection with a line are as follows: sisting of the Taylor Creek Reservoir and
parallel with, and distant 10 feet northerly (1) A 200 foot wide, 15 foot deep channel Levee L–73, Section 1, within the Upper St.
from, the existing northerly boundary of with a center line beginning at a point East Johns River Basin, Florida, are no longer au-
Pier 30–32; thence westerly along last said 1,317,064.30 and North 440,373.32, thence to a thorized beginning on the date of enactment
parallel line to its intersection with said point East 1,316,474.30 and North 440,028.31, of this Act.
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H3944 CONGRESSIONAL RECORD — HOUSE July 29, 2020
SEC. 325. CALCASIEU RIVER AND PASS, LOU- (4) Each user of storage space, regardless of 336; 117 Stat. 1840) is amended to read as fol-
ISIANA. source of water, shall pay for any increase in lows:
Not later than 120 days after the date of costs attributable to storage of that user’s ‘‘(23) SACRAMENTO AREA, CALIFORNIA.—
enactment of this Act, the Secretary shall water. $45,000,000 for regional water conservation,
provide to the Committee on Transportation SEC. 327. PAWCATUCK RIVER, LITTLE NARRA- recycling, reliability, and resiliency projects
and Infrastructure of the House of Rep- GANSETT BAY AND WATCH HILL in Placer, El Dorado, and Sacramento Coun-
resentatives and the Committee on Environ- COVE, RHODE ISLAND AND CON- ties and the San Juan Suburban Water Dis-
ment and Public Works of the Senate a re- NECTICUT. trict, California.’’.
port on plans to modify the Calcasieu River Beginning on the date of enactment of this (2) SOUTH PERRIS, CALIFORNIA.—Section
and Pass Dredged Material Management Act, that portion of the project for naviga- 219(f)(52) of the Water Resources Develop-
Plan and Supplemental Environmental Im- tion, Pawcatuck River, Little Narragansett ment Act of 1992 (106 Stat. 4835; 113 Stat. 336;
pact Statement (December 16, 2010 DMMP/ Bay and Watch Hill Cove, Rhode Island and 114 Stat. 2763A–220) is amended by striking
SEIS) to allow for the expansion of Dredged Connecticut, authorized by section 2 of the ‘‘$25,000,000’’ and inserting ‘‘$50,000,000’’.
Material Placement Facilities (DMPFs) 17, Act of March 2, 1945 (chapter 19, 59 Stat. 13), (3) MADISON AND ST. CLAIR COUNTIES, ILLI-
19, 22, D, and E to the lakeside foreshore rock consisting of a 10-foot deep, 16-acre anchor- NOIS.—Section 219(f)(55) of the Water Re-
boundaries during planned rehabilitation of age area in Watch Hill Cove is no longer au- sources Development Act of 1992 (106 Stat.
these facilities. thorized. 4835; 113 Stat. 335; 114 Stat. 2763A–221) is
SEC. 326. SAN JUAN-CHAMA PROJECT; ABIQUIU amended by striking ‘‘$10,000,000’’ and insert-
SEC. 328. HARRIS COUNTY, TEXAS.
DAM, NEW MEXICO.
Section 575 of the Water Resources Devel- ing ‘‘$45,000,000’’.
(a) ABIQUIU RESERVOIR.—Section 5(b) of
opment Act of 1996 (110 Stat. 3789) is re- (4) SOUTHERN AND EASTERN KENTUCKY.—
Public Law 97–140 (43 U.S.C. 620a note) is
pealed. Section 531 of the Water Resources Develop-
amended by striking ‘‘a total of two hundred
SEC. 329. CAP SANTE WATERWAY, WASHINGTON. ment Act of 1996 (110 Stat. 3773; 113 Stat. 348;
thousand acre-feet of’’.
(b) WATER STORAGE AT ABIQUIU DAM, NEW Beginning on the date of enactment of this 117 Stat. 142; 121 Stat. 1226) is amended—
MEXICO.—Section 1 of Public Law 100–522 (43 Act, the project for navigation, Cap Sante (A) in subsection (g), by inserting ‘‘Boyd,
U.S.C. 620a note) is amended— Waterway and Navigation Channel, Skagit Carter, Elliott, Lincoln,’’ after ‘‘Lee,’’; and
(1) by striking ‘‘200,000 acre-feet of’’; County, Washington, authorized by the Act (B) in subsection (h), by striking
(2) by inserting ‘‘and San Juan-Chama of March 2, 1919 (chapter 95, 40 Stat. 1285), is ‘‘$40,000,000’’ and inserting ‘‘$80,000,000’’.
project’’ after ‘‘Rio Grande system’’; and modified to deauthorize the portion of the (5) DESOTO COUNTY, MISSISSIPPI.—Section
(3) by striking ‘‘, in lieu of the water stor- project consisting of an approximately 219(f)(30) of the Water Resources Develop-
age authorized by section 5 of Public Law 97– ment Act of 1992 (106 Stat. 4835; 113 Stat. 336;
334,434 foot area of the Federal channel with-
140, to the extent that contracting entities 114 Stat. 2763A–220; 119 Stat. 282; 119 Stat.
in Anacortes Harbor inside and directly adja-
under section 5 of Public Law 97–140 no 2257; 122 Stat. 1623) is amended by striking
cent to the Federal breakwater and training
longer require such storage’’. ‘‘$75,000,000’’ and inserting ‘‘$130,000,000’’.
wall structure, starting at a point with co-
(c) WATER STORAGE.—The Secretary shall— (6) JACKSON COUNTY, MISSISSIPPI.—Section
ordinates N557015.552, E1210819.619, thence
(1) store up to elevation 6230.00 NGVD29 at 219(e)(1) of the Water Resources Development
running S88 13’2.06’’E approximately 200 feet
Abiquiu Dam, New Mexico, to the extent Act of 1992 (106 Stat. 4835; 110 Stat. 3757; 113
to a point with coordinates N557009.330,
that the necessary real property interests Stat. 1494; 121 Stat. 1258) is amended by
E1211019.522, thence running S01 46’58.08’’W
have been acquired by any entity requesting striking ‘‘$32,500,000’’ and inserting
approximately 578 feet to a point with co-
such storage; and ‘‘$57,500,000’’.
ordinates N556431.405, E1211001.534, thence (7) ST. LOUIS, MISSOURI.—Section 219(f)(32)
(2) amend the March 20, 1986, contract be- running S49 49’50.23’’W approximately 69 feet
tween the United States of America and the of the Water Resources Development Act of
to a point with coordinates N556387.076, 1992 (106 Stat. 4835; 113 Stat. 337; 121 Stat.
Albuquerque Bernalillo County Water Util- E1210949.002, thence running S51 53’0.25’’E ap-
ity Authority (assigned by the City of Albu- 1233) is amended by striking ‘‘$35,000,000’’ and
proximately 35 feet to a point with coordi- inserting ‘‘$70,000,000’’.
querque, New Mexico to the Albuquerque nates N556365.662, E1210976.316, thence run-
Bernalillo County Water Utility Authority) (8) MIDWEST CITY, OKLAHOMA.—Section
ning S49 38’58.48’’W approximately 112 feet to 219(f)(231) of the Water Resources Develop-
for water storage space in Abiquiu Reservoir a point with coordinates N556292.989,
to allow for storage by the Albuquerque ment Act of 1992 (106 Stat. 4835; 113 Stat. 336;
E1210890.775, thence running N88 13’1.87’’W 121 Stat. 1266) is amended by striking
Bernalillo County Water Utility Authority approximately 109 feet to a point with co-
of San Juan-Chama project water or native ‘‘$2,000,000’’ and inserting ‘‘$5,000,000’’.
ordinates N556296.367, E1210782.226, thence (9) SOUTH CENTRAL PENNSYLVANIA.—Section
Rio Grande system water up to elevation running S46 46’58.97’’W approximately 141
6230.00 NGVD29. 313 of the Water Resources Development Act
feet to a point with coordinates N556199.527, of 1992 (106 Stat. 4845; 109 Stat. 407; 110 Stat.
(d) STORAGE AGREEMENTS WITH USERS E1210679.164, thence running N88 13’1.77’’W
OTHER THAN THE ALBUQUERQUE BERNALILLO 3723; 113 Stat. 310; 117 Stat. 142; 121 Stat. 1146)
approximately 700 feet to a point with co- is amended—
COUNTY WATER UTILITY AUTHORITY.—The
ordinates N556221.305, E1209979.502, thence (A) in subsection (g)(1), by striking
Secretary shall—
running N01 46’58.08’’E approximately 250 feet ‘‘$200,000,000’’ and inserting ‘‘$400,000,000’’;
(1) retain or enter into new agreements
to a point with coordinates N556471.184, and
with entities for a proportionate allocation
E1209987.280, thence running S88 13’1.77’’E ap- (B) in subsection (h)(2), by inserting ‘‘Bea-
of 29,100 acre-feet of storage space pursuant
proximately 815 feet to a point with coordi- ver, Jefferson,’’ after ‘‘Washington,’’.
to section 5 of Public Law 97–140; and
nates N556445.828, E1210801.886, thence run- (10) LAKES MARION AND MOULTRIE, SOUTH
(2) amend or enter into new storage agree-
ning N01 46’58.08’’E approximately 570 feet to CAROLINA.—Section 219(f)(25) of the Water
ments for storage of San Juan-Chama
the point of origin. Resources Development Act of 1992 (106 Stat.
project water or native Rio Grande system
SEC. 330. REGIONAL SEDIMENT MANAGEMENT. 4835; 113 Stat. 336; 114 Stat. 2763A–220; 117
water up to the space allocated for each enti-
ty’s proportionate share of San Juan-Chama The Secretary shall expedite the activities Stat. 1838; 130 Stat. 1677; 132 Stat. 3818) is
water. required to be carried out under section 204 amended by striking ‘‘$89,550,000’’ and insert-
(e) OPERATIONS DOCUMENTS.—The Sec- of the Water Resources Development Act of ing ‘‘$110,000,000’’.
retary shall amend or revise any existing op- 1992 (33 U.S.C. 2326) regarding the use of im- (11) EL PASO COUNTY, TEXAS.—Section
erations documents, including the Water provement dredging of the Portsmouth Fed- 219(f)(269) of the Water Resources Develop-
Control Manual or operations plan for eral navigation project in Portsmouth, New ment Act of 1992 (106 Stat. 4835; 113 Stat. 336;
Abiquiu Reservoir, as necessary to meet the Hampshire, as a source of clean beach fill 121 Stat. 1268) is amended by striking
requirements of this section. material to reinforce the stone revetment at ‘‘$25,000,000’’ and inserting ‘‘$75,000,000’’.
(f) LIMITATIONS.—In carrying out this sec- Nantasket Beach, Hull, Massachusetts. (12) WESTERN RURAL WATER.—Section 595 of
tion, the following limitations shall apply: SEC. 331. ADDITIONAL ASSISTANCE FOR CRIT- the Water Resources Development Act of
(1) The storage of native Rio Grande sys- ICAL PROJECTS. 1999 (113 Stat. 383; 117 Stat. 139; 117 Stat. 142;
tem water shall be subject to the provisions (a) CONSISTENCY WITH REPORTS.—Congress 117 Stat. 1836; 118 Stat. 440; 121 Stat. 1219; 123
of the Rio Grande Compact and the resolu- finds that the project modifications de- Stat. 2851; 128 Stat. 1316; 130 Stat. 1681) is
tions of the Rio Grande Compact Commis- scribed in this section are in accordance with amended—
sion. the reports submitted to Congress by the (A) by striking the section heading and in-
(2) The storage of native Rio Grande sys- Secretary under section 7001 of the Water serting ‘‘WESTERN RURAL WATER.’’;
tem water shall only be authorized to the ex- Resources Reform and Development Act of (B) in subsection (b), by inserting ‘‘Ari-
tent that the necessary water ownership and 2014 (33 U.S.C. 2282d), titled ‘‘Report to Con- zona,’’ before ‘‘rural Idaho’’;
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storage rights have been acquired by the en- gress on Future Water Resources Develop- (C) in subsection (c), by inserting ‘‘Ari-
tity requesting such storage. ment’’, or have otherwise been reviewed by zona,’’ before ‘‘Idaho’’; and
(3) The storage of native Rio Grande sys- Congress. (D) in subsection (i), by striking ‘‘for the
tem water or San-Juan Chama project water (b) MODIFICATIONS.— period beginning with fiscal year 2001,
shall not interfere with the authorized pur- (1) SACRAMENTO AREA, CALIFORNIA.—Sec- $435,000,000, to remain available until ex-
poses of the Abiquiu Dam and Reservoir tion 219(f)(23) of the Water Resources Devel- pended.’’ and inserting the following: ‘‘, to
project. opment Act of 1992 (106 Stat. 4835; 113 Stat. remain available until expended—
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July 29, 2020 CONGRESSIONAL RECORD — HOUSE H3945
‘‘(1) for the period beginning with fiscal tion of the project for flood damage reduc- (b) EUFAULA, ALABAMA.—
year 2001, $435,000,000 for Idaho, Montana, tion and environmental restoration, Muddy (1) CONVEYANCE AUTHORIZED.—The Sec-
rural Nevada, New Mexico, rural Utah, and River, Brookline and Boston, Massachusetts, retary shall convey to the City of Eufaula,
Wyoming; and authorized by section 522 of the Water Re- Alabama, all right, title, and interest of the
‘‘(2) $150,000,000 for Arizona.’’. sources Development Act of 2000 (114 Stat. United States in and to the real property de-
(13) CENTRAL WEST VIRGINIA.—Section 2656), and deauthorized pursuant to section scribed in the Department of the Army Lease
571(h) of the Water Resources Development 6001 of the Water Resources Reform and De- No. DACW01–2–17–0747, containing 56.76 acres,
Act of 1999 (113 Stat. 371; 121 Stat. 1257) is velopment Act of 2014 (128 Stat. 1345), are au- more or less, and being a part of Tracts L–
amended by striking ‘‘$20,000,000’’ and insert- thorized to be carried out by the Secretary, 1268 (26.12 acres), L–1273 (13.71 acres), L–1278
ing ‘‘$40,000,000’’. subject to subsection (b). (6.75 acres), and L1279 (10.36 acres) of the
(14) SOUTHERN WEST VIRGINIA.—Section (2) EAST CHESTER CREEK, NEW YORK.—Not- Walter F. George Lock and Dam and Lake
340(g) of the Water Resources Development withstanding section 1001 of the Water Re- project.
Act of 1992 (106 Stat. 4856; 110 Stat. 3727; 113 sources Development Act of 1986 (33 U.S.C. (2) DEED.—The Secretary shall convey the
Stat. 320) is amended by striking 579a), the project for navigation, East Ches- property under this subsection by quitclaim
‘‘$40,000,000’’ and inserting ‘‘$120,000,000’’. ter Creek, New York, authorized by section deed under such terms and conditions as the
(c) LOWELL CREEK TUNNEL, SEWARD, ALAS- 101 of the River and Harbor Act of 1950 (64 Secretary determines appropriate to protect
KA.—Section 5032(a)(2) of the Water Re- Stat. 164; 100 Stat. 4181), and deauthorized the interests of the United States.
sources Development Act of 2007 (Public Law pursuant to section 1001 of the Water Re- (3) CONSIDERATION.—The City of Eufaula,
110–114, 121 Stat. 1205) is amended by striking sources Development Act of 1986 (33 U.S.C. Alabama, shall pay to the Secretary an
‘‘15’’ and inserting ‘‘20’’. 579(a)), is authorized to be carried out by the amount that is not less than the fair market
SEC. 332. PROJECT MODIFICATION AUTHORIZA- Secretary, subject to subsection (b). value of the property conveyed under this
TIONS. (3) CHRISTIANSTED HARBOR, UNITED STATES subsection, as determined by the Secretary.
(a) WATER SUPPLY.—The following project VIRGIN ISLANDS.—Notwithstanding section
(c) MONTGOMERY, ALABAMA.—
modifications for water supply, as identified 1002 of the Water Resources Development (1) CONVEYANCE AUTHORIZED.—The Sec-
in the report entitled ‘‘Report to Congress on Act of 1986 (100 Stat. 4221), the portion of the retary shall convey to the City of Mont-
Future Water Resources Development’’ dated project for navigation, Christiansted Harbor, gomery, Alabama, all right, title, and inter-
February 2019, and submitted to Congress on St. Croix, United States Virgin Islands, au- est of the United States in and to the real
June 3, 2019, pursuant to section 7001 of the thorized by section 101 of the River and Har- property described in paragraph (2).
Water Resources Reform and Development (2) PROPERTY.—The property to be con-
bor Act of 1950 (64 Stat. 167), and deauthor-
Act of 2014 (33 U.S.C. 2282d) or otherwise re- veyed is the 62.38 acres of land and water
ized under section 1002 of the Water Re-
viewed by Congress, are authorized to be car- under the primary jurisdiction of the Sec-
sources Development Act of 1986 (100 Stat.
ried out by the Secretary substantially in retary in the R.E. ‘‘Bob’’ Woodruff Project
4221), is authorized to be carried out by the
accordance with the recommendations, in- Area that is covered by lease number
Secretary, subject to subsection (b).
cluded in such report pursuant to section DACW01–1–05–0037, including the parcels and
(4) CHARLOTTE HARBOR, UNITED STATES VIR-
301(c) of the Water Supply Act of 1958 (43 structure known as ‘‘Powder Magazine’’.
GIN ISLANDS.—Notwithstanding section 1002
U.S.C. 390b(c)): (3) DEED.—The Secretary shall convey the
of the Water Resources Development Act of
(1) The project modification for the State property under this subsection by quitclaim
1986 (100 Stat. 4221), the portion of the
of Missouri, Clarence Cannon Dam and Mark deed under such terms and conditions as the
project for navigation, Charlotte Amalie (St.
Twain Lake Project Salt River, Missouri. Secretary determines appropriate to protect
Thomas) Harbor, St. Thomas, United States
(2) The project modification for the City of the interests of the United States, to include
Virgin Islands, authorized by the Act of Au-
Plattsburg, Smithville Lake, Missouri. retaining the right to inundate with water
gust 26, 1937 (chapter 832, 50 Stat. 850), and
(3) The project modification for the City of any land transferred under this subsection.
deauthorized under section 1002 of the Water
Smithville, Smithville Lake, Missouri. (4) CONSIDERATION.—The City of Mont-
(b) FLOOD RISK MANAGEMENT.—The fol- Resources Development Act of 1986 (100 Stat.
gomery, Alabama, shall pay to the Secretary
lowing project modifications for flood risk 4221), is authorized to be carried out by the
an amount that is not less than the fair mar-
management, as identified in a report enti- Secretary, subject to subsection (b).
ket value of the property conveyed under
tled ‘‘Report to Congress on Future Water (b) REPORT TO CONGRESS.—The Secretary
this subsection, as determined by the Sec-
Resources Development’’, and submitted to shall complete and submit to the Committee
retary.
Congress pursuant to section 7001 of the on Transportation and Infrastructure of the (d) OHIO RIVER LOCK AND DAM NUMBER 52,
Water Resources Reform and Development House of Representatives and the Committee MASSAC COUNTY, ILLINOIS.—
Act of 2014 (33 U.S.C. 2282d) or otherwise re- on Environment and Public Works of the (1) CONVEYANCE AUTHORIZED.—The Sec-
viewed by Congress, are authorized to be car- Senate a post-authorization change report retary shall convey to the Massac-Metropolis
ried out by the Secretary: (as such term is defined in section 1132(d) of Port District, Illinois, all right, title, and in-
(1) Modification of the project for flood the Water Resources Development Act of terest of the United States in and to any real
risk management, lower Mississippi River, 2016 (33 U.S.C. 2282e(d)) prior to carrying out property located north of the south bank of
authorized by the Act of May 15, 1928 (chap- a project identified in subsection (a). the Ohio River in Massac County, Illinois,
ter 569, 45 Stat. 534), to incorporate the Wolf SEC. 335. CONVEYANCES. that is associated with the Ohio River Lock
River Backwater and Nonconnah Creek levee (a) GENERALLY APPLICABLE PROVISIONS.— and Dam 52.
systems into the project, authorized by sec- (1) SURVEY TO OBTAIN LEGAL DESCRIPTION.— (2) DEED.—The Secretary shall convey the
tion 5 of the Act of June 22, 1936 (chapter 688, The exact acreage and the legal description property under this subsection by quitclaim
49 Stat. 1575; 50 Stat. 881), subject to the de- of any real property to be conveyed under deed under such terms and conditions as the
termination of the Secretary that such sys- this section shall be determined by a survey Secretary determines appropriate to protect
tems meet all requirements applicable to that is satisfactory to the Secretary. the interests of the United States.
such project. (2) APPLICABILITY OF PROPERTY SCREENING (3) CONSIDERATION.—The Massac-Metropo-
(2) Modification of the project for flood PROVISIONS.—Section 2696 of title 10, United lis Port District, Illinois, shall pay to the
risk management, Red River below Denison States Code, shall not apply to any convey- Secretary an amount that is not less than
Dam, Arkansas, Louisiana, and Texas, au- ance under this section. fair market value of the property conveyed
thorized by the Act of June 28, 1938 (chapter (3) COSTS OF CONVEYANCE.—An entity to under this subsection, as determined by the
795, 52 Stat. 1219), to incorporate the Cher- which a conveyance is made under this sec- Secretary.
okee Park Levee into the project, subject to tion shall be responsible for all reasonable (e) CLINTON, MISSOURI.—
the determination of the Secretary that such and necessary costs, including real estate (1) CONVEYANCE AUTHORIZED.—The Sec-
levee meets all requirements applicable to transaction and environmental documenta- retary shall convey to the City of Clinton,
such project. tion costs, associated with the conveyance. Missouri, without consideration, all right,
SEC. 333. APPLICATION OF CREDIT. (4) LIABILITY.—An entity to which a con- title, and interest of the United States in
Section 7007(d) of the Water Resources De- veyance is made under this section shall hold and to the real property described in para-
velopment Act of 2007 (121 Stat. 1277; 128 the United States harmless from any liabil- graph (2).
Stat. 1226) is amended by inserting ‘‘, or may ity with respect to activities carried out, on (4) PROPERTY.—The property to be con-
be applied to reduce the amounts required to or after the date of the conveyance, on the veyed is a tract of land situated in the S 1⁄2
be paid by the non-Federal interest under real property conveyed. The United States of Section 12 and the N 1⁄2 of Section 13,
the terms of the deferred payment agree- shall remain responsible for any liability Township 41 North, Range 26 West of the
ments entered into between the Secretary with respect to activities carried out, before Fifth Principal Meridian, Henry County,
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and the non-Federal interest for the projects such date, on the real property conveyed. Missouri, more particularly described as fol-
authorized by section 7012(a)(1)’’ before the (5) ADDITIONAL TERMS AND CONDITIONS.— lows: Beginning at the point of intersection
period at the end. The Secretary may require that any convey- of the north line of said S 1⁄2 of Section 12
SEC. 334. PROJECT REAUTHORIZATIONS. ance under this section be subject to such and the easterly right-of-way of State High-
(a) IN GENERAL.— additional terms and conditions as the Sec- way No. 13; thence easterly along the north
(1) MUDDY RIVER, MASSACHUSETTS.—The retary considers necessary and appropriate line of said S 1⁄2 to the northeast corner of
separable elements for ecosystem restora- to protect the interests of the United States. the W 1⁄2 NW 1⁄4 NE 1⁄4 SW 1⁄4 of said Section
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H3946 CONGRESSIONAL RECORD — HOUSE July 29, 2020
12; thence southerly along the east line of United States in and to the real property de- access to the conveyed property for as long
said W 1⁄2 NW 1⁄4 NE 1⁄4 SW 1⁄4 to the southeast scribed in paragraph (2). as the non-Federal entity is in legal posses-
corner thereof; thence easterly along the (2) PROPERTY.—The property to be con- sion of the conveyed property.
north line of the S 1⁄2 NE 1⁄4 SW 1⁄4 of said Sec- veyed is Lot 28 in Old Orchard Addition, a (3) DESCRIPTIONS OF PROPERTY.—
tion 12 to the southwest corner of the W 1⁄2 subdivision of the City of Clinton, Henry (A) IN GENERAL.—The property referred to
NW 1⁄4 NW 1⁄4 SE 1⁄4 of said Section 12; thence County, Missouri, containing 0.36 acres, in paragraph (2)(A) is the following (as in ex-
in a northeasterly direction to the northeast more or less, including any improvements istence on the date of enactment of this
corner of said W 1⁄2 NW 1⁄4 NW 1⁄4 SE 1⁄4 ; thereon. Act):
thence easterly along the north line of said (3) DEED.—The Secretary shall convey the (i) JUDGE JOSEPH BARKER, JR., HOUSE.—The
S 1⁄2 to the westerly right-of-way of the property under this subsection by quitclaim tract of land situated in the State of Ohio,
County Road; thence in a southeasterly and deed under such terms and conditions as the Washington County, on the Ohio River, and
southerly direction along the westerly right- Secretary determines appropriate to protect being particularly bounded and described as
of-way of said County Road approximately the interests of the United States, including follows: Beginning at a point located on the
2500 feet to the center of Deer Creek; thence such reservations, terms, and conditions as southern right-of-way line of Ohio Route 7, a
in a southwesterly direction along the center the Secretary determines necessary to allow new corner to the land now or formerly
of said Deer Creek, approximately 3900 feet the United States to operate and maintain owned by the United States of America;
to the south line of said N 1⁄2 of Section 13; the Harry S. Truman Reservoir Project. thence, leaving the right-of-way of said
thence westerly along the south line of said (4) CONSIDERATION.—The City of Clinton, Route 7 and severing the land of said United
N 1⁄2 to the easterly right-of-way line of the Missouri, shall pay to the Secretary an States of America parallel to and approxi-
St. Louis-San Francisco Railroad; thence in amount that is not less than the fair market mately 10 feet easterly of the toe of the ex-
a northwesterly direction along the easterly value of the property conveyed under this isting dredge disposal berm, southeasterly
right-of-way of said railroad to the easterly subsection, as determined by the Secretary. approximately 326 feet to a point prior to the
right-of-way of said State Highway No. 13; (g) TRI-COUNTY LEVEE DISTRICT, MIS- current Corps of Engineers access to the
SOURI.— dredging spoil area; thence, northeasterly
thence in a northeasterly direction along the
easterly right-of-way of said State Highway (1) CONVEYANCE AUTHORIZED.—The Sec- approximately 480 feet paralleling the top of
No. 13 to the point of the beginning; and in- retary shall convey to the Tri-County Levee the slope to the riverbank side of the house
cluding a roadway easement for ingress and District, Missouri, all right, title, and inter- and approximately 25 feet northerly there-
egress, described as a strip of land 80 feet in est of the United States in and to the real from; thence, northwest approximately 302
property described in paragraph (2). feet to a point in the southern right-of-way
width, lying 40 feet on each side of the fol-
(2) PROPERTY.—The property to be con- of Ohio Route 7; thence with the right-of-
lowing described line, the initial extremities
veyed is the part of Sections 1 and 12 Town- way of said Route 7, southwesterly approxi-
of the following described strip being ex-
ship 45 North Range 6 West of the 5th P.M. in mately 485 feet to the point of beginning,
tended or reduced as required to exactly ad-
Montgomery County, Missouri, described as containing approximately 3.51 acres.
join the boundary lines which they meet, sit-
follows: A tract of land being 60’ wide and (ii) ROAD TRACT.—The tract of land situ-
uated in the S 1⁄2 of Section 12, Township 41
lying South and East of and adjoining the ated in the State of Ohio, Washington Coun-
North Range 26 West of the Fifth Principal
centerline of the existing levee and being de- ty, on the Ohio River, and being particularly
Meridian, Henry County, Missouri, more par-
scribed as follows: Commencing at the NW bounded and described as follows: Beginning
ticularly described as follows: Commencing
corner of Section 12, thence S 87° 52’ 35’’ E at a point located on the southern right-of-
at the center of said Section 12, thence 587.4’, thence S 01° 29’ 25’’ W 453.68’ to the way line of Ohio Route 7, a new corner to the
Sl°24’56’’W, 1265.52 feet to a point, thence point of the beginning; said point being in land now or formerly owned by the United
N88°29’02’’W, 483.97 feet to the point of begin- the center of the levee, thence with the cen- States of America; thence, leaving the right-
ning of the strip of land herein described; terline of the levee N 77° 01’ 30’’ E 164.92’, of-way of said Route 7 and severing the land
thence in a northeasterly direction along a thence N 74° 26’ 55’’ E 250.0’, thence N 72° 27’ of said United States of America and with
curve to the right, said curve having an ini- 55’’ E 270.0’, thence N 69° 06’ 10’’ E 300.0’, the House Parcel southeasterly 25 feet;
tial tangent bearing of N3°44’4l’’E, a radius of thence N 66° 42’ 15’’ E 500.0’, thence N 64° 14’ thence, northeast, running parallel to said
238.73 feet and an interior angle of 61°29’26’’, 30’’ E 270.0’, thence N 61° 09’ 10’’ E 800.0’, Route 7 right-of-way, approximately 994 feet
an arc distance of 256.21 feet to a point; thence N 60° 58’ 15’’ E 1724.45’, thence leaving to a point of deflection; thence northeasterly
thence N65°14’07’’E 218.58 feet to a point; the centerline S 01° 10’ 35’’ W 69.43’, thence 368 feet to a point beyond the existing fence
thence in a northeasterly direction along a parallel with the above described centerline corner; thence, east 140 feet to the edge of
curve to the left, having a radius of 674.07 S 60° 58’ 15’’ W 1689.62’, thence S 61° 09’ 10’’ W the existing Willow Island access road;
feet and an interior angle of 36°00’01’’, an arc 801.71’, thence S 64° 14’ 30’’ W 272.91’, thence thence with said access road, northwesterly
distance of 423.53 feet to a point; thence S 66° 42’ 15’’ W 502.55’, thence S 69° 06’ 10’’ W approximately 62 feet to a point in the
N29°14’07’’E, 417.87 feet to a point; thence 303.02’, thence S 72° 27’ 55’’ W 272.8’, thence S southern right-of-way of Ohio Route 7;
northeasterly along a curve to the right, 74° 26’ 55’’ W 252.39’, thence S 77° 01’ 30’’ W thence with the right-of-way of said Route 7,
having a radius of 818.51 feet and an interior 181.75’, thence leaving the South side of the southwesterly approximately 1,491 feet to
angle of 14°30’01’’, an arc distance of 207.15 levee N 01° 26’ 25’’ E 61.96’ to the point of be- the point of beginning, containing approxi-
feet to a point; thence N43°44’07’’E, 57.00 feet ginning and containing 5.89 acres more or mately 1 acre.
to the southerly right-of-way line of a coun- less. (B) EASEMENT.—The property referred to in
ty road, containing 2,948 acres, more or less; (3) DEED.—The Secretary shall convey the paragraph (2)(B) is the following: The tract
Excluding therefrom a tract of land situated property under this subsection by quitclaim of land situated in the State of Ohio, Wash-
in the S 1⁄2 of said Section 12, said Township deed under such terms and conditions as the ington County, on the Ohio River, and being
and Range, described as commencing at the Secretary determines appropriate to protect particularly bounded and described as fol-
center of said Section 12; thence S1°24’56’’W, the interests of the United States. lows: Beginning at a point at the intersec-
1265.52 feet to the point of beginning of the (4) CONSIDERATION.—The Tri-County Levee tion of the southern right-of-way of Ohio
tract of land herein described; thence District, Missouri, shall pay to the Secretary Route 7 and the northeast side of the exist-
N88°29’02″W, 1122.50 feet; thence S1°43’26″W, an amount that is not less than the fair mar- ing Willow Island access road, a new corner
872.62 feet; thence S88°29’02’’E, 1337.36 feet; ket value of the property conveyed under to the land now or formerly owned by the
thence Nl°43’26’’E, 872.62 feet; thence this subsection, as determined by the Sec- United States of America; thence, southwest,
N88°29’02’’W, 214.86 feet to the point of begin- retary. running with said Route 7 right-of-way, ap-
ning, containing 26.79 acres, more or less. (h) JUDGE JOSEPH BARKER, JR., HOUSE, proximately 30 feet to a point on the south-
The above described tract contains, in the OHIO.— west side of the existing access road, and
aggregate, 177.69 acres, more or less. (1) NON-FEDERAL ENTITY.—In this sub- corner to the road tract; thence with said ac-
(2) DEED.—The Secretary shall convey the section, the term ‘‘non-Federal entity’’ cess road and the line of the road parcel,
property under this subsection by quitclaim means the Friends of Joseph Barker, Jr., southeasterly approximately 62 feet to a
deed under such terms and conditions as the House, a nonprofit organization in the State point; thence leaving the road parcel and
Secretary determines appropriate to protect of Ohio. crossing the existing access road northeast-
the interests of the United States. (2) CONVEYANCE AUTHORIZED.— erly approximately 30 feet to a point located
(3) REVERSION.—If the Secretary deter- (A) IN GENERAL.—Subject to paragraph (6), on the northeast side of the existing access
mines that the property conveyed under this the Secretary shall convey to the non-Fed- road; thence, northwesterly approximately
subsection is not being used for a public pur- eral entity, without consideration, all right, 62 feet, to the point of beginning, containing
pose, all right, title, and interest in and to title, and interest of the United States in approximately 0.04 acre.
the property shall revert, at the discretion of
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and to the property described in paragraph (4) DEED.—The Secretary shall convey the
the Secretary, to the United States. (3)(A). property under this subsection by quitclaim
(f) CITY OF CLINTON, OLD ORCHARD ADDI- (B) EASEMENT.—Upon conveyance of the deed under such terms and conditions as the
TION, MISSOURI.— property under subparagraph (A), the Sec- Secretary determines appropriate to protect
(1) CONVEYANCE AUTHORIZED.—The Sec- retary shall provide to the non-Federal enti- the interests of the United States.
retary shall convey to the City of Clinton, ty, without consideration, an easement over (5) REVERSION.—If the Secretary deter-
Missouri, all right, title, and interest of the the property described in paragraph (3)(B) for mines that the property conveyed under this
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July 29, 2020 CONGRESSIONAL RECORD — HOUSE H3947
subsection is not being used by the non-Fed- right, title, and interest of the United States rights-of-way, and leases that are in effect as
eral entity for a public purpose, all right, in and to the real property comprising the of the date of the conveyance.
title, and interest in and to the property Leaburg Fish Hatchery, consisting of ap- (5) REVERSION.—If the Secretary deter-
shall revert, at the discretion of the Sec- proximately 21.55 acres, identified as tracts mines that the property conveyed under this
retary, to the United States. Q–1500, Q–1501E, and 300E–1 and described in subsection cease to be held in public owner-
(6) REQUIREMENTS.— Department of the Army Lease No. DACW57– ship, all right, title, and interest in and to
(A) IMPROVEMENTS.—The Secretary shall 1–18–0009, together with any improvements the property shall revert, at the discretion of
make such improvements and alterations to on the property. the Secretary, to the United States.
the property described in paragraph (3)(A)(i) (2) WATER RIGHTS.—The Secretary may (6) REQUIREMENTS BEFORE CONVEYANCE.—
as the Secretary, in consultation with the transfer to the State of Oregon, acting (A) PERPETUAL ROAD EASEMENT.—Before
non-Federal entity and relevant stake- through the Oregon Department of Fish and making the conveyance under paragraph (2),
holders, determines to be appropriate to fa- Wildlife, any water rights held by the United the Secretary shall acquire a perpetual road
cilitate conveyance of the property and pro- States that are appurtenant to the property easement from an adjacent property owner
vision of the easement under this subsection, conveyed under this subsection. for use of an access road, which easement
subject to the condition that the total cost (3) DEED.—The Secretary shall convey the shall convey with the property conveyed
of those improvements and alterations un- property under this subsection by quitclaim under such paragraph.
dertaken by the Secretary shall be not more deed under such terms and conditions as the (B) ENVIRONMENTAL COMPLIANCE.—Before
than $120,000. Secretary determines appropriate to protect making the conveyance under paragraph (2),
(B) ENVIRONMENTAL ASSESSMENT.—Before the interests of the United States, including in accordance with the real estate appendix,
making a conveyance under paragraph (2), a condition that all of the property conveyed the Secretary shall complete a Phase 1 Envi-
the Secretary shall— under this subsection be used and main- ronmental Site Assessment pursuant to the
(i) conduct, with respect to the property to tained by the State of Oregon for the purpose Comprehensive Environmental Response,
be conveyed, an assessment of the environ- of operating a fish hatchery in perpetuity. Compensation, and Liability Act of 1980 (42
mental condition of the property, including (4) REVERSION.—If the Secretary deter- U.S.C. 9601 et seq.).
an investigation of any potential hazardous, mines that the property conveyed under this (C) HISTORIC PRESERVATION.—The Sec-
toxic, or radioactive waste present on such subsection is not being used or maintained retary may enter into a memorandum of
property; and by the State of Oregon for the purpose of op- agreement with the Oregon State Historic
(ii) submit to the non-Federal entity a re- erating a fish hatchery in perpetuity, all or Preservation Office and the Advisory Council
port describing the results of such assess- any portion of the property, including any on Historic Preservation that identifies ac-
ment. water rights transferred under this sub- tions the Secretary shall take before making
(C) REFUSAL BY NON-FEDERAL ENTITY.— section, shall, at the option of the Secretary, the conveyance under paragraph (2).
(i) IN GENERAL.—Upon review by the non- revert to the United States. (D) REPAIRS.—Before making the convey-
Federal entity of the report under subpara- (5) SAVINGS CLAUSE.—If the State of Oregon ance under paragraph (2), the Secretary shall
graph (B), the non-Federal entity may elect does not accept the conveyance under this carry out repairs to address primary seismic
to refuse the conveyance under this sub- subsection, the Secretary may dispose of the and safety risks in accordance with the rec-
section. property, including appurtenant water
ommendations approved in the Willamette
(ii) ELECTION.—An election under clause rights, under subchapter III of chapter 5 of
Falls Locks report.
(i)— title 40, United States Code.
(j) WILLAMETTE FALLS LOCKS, WILLAMETTE (7) DEAUTHORIZATION.—Beginning on the
(I) shall be at the sole discretion of the
RIVER, OREGON.— date on which the Secretary makes the con-
non-Federal entity; and
(1) DEFINITIONS.—In this section: veyance under paragraph (2), the Willamette
(II) shall be made by the non-Federal enti-
(A) REAL ESTATE APPENDIX.—The term Falls Locks project is no longer authorized.
ty by not later than the date that is 30 days
after the date of submission of the report ‘‘real estate appendix’’ means Appendix A of SEC. 336. REPEALS.
under subparagraph (B)(ii). the document published by the District Com- (a) Section 710 of the Water Resources De-
(D) DREDGED MATERIAL PLACEMENT ACTIVI- mander of the Portland District of the Corps velopment Act of 1986 (33 U.S.C. 2264) is re-
TIES.—The Secretary shall— of Engineers, titled ‘‘Willamette Falls Locks pealed.
(i) notify and coordinate with the non-Fed- Willamette River Oregon Section 216 Dis- (b) Section 1001 of the Water Resources De-
eral entity and relevant stakeholders before position Study with Integrated Environ- velopment Act of 1986 (33 U.S.C. 579a) is
carrying out any dredged material place- mental Assessment’’. amended—
ment activities associated with the property (B) RECEIVING ENTITY.—The term ‘‘receiv- (1) in subsection (b), by striking paragraph
described in paragraph (3)(A) after the date ing entity’’ means an entity identified by the (2) and redesignating paragraph (3) as para-
on which such property is conveyed under State of Oregon, in consultation with the graph (2); and
this subsection; and Willamette Falls Locks Commission, to re- (2) by striking subsection (c).
(ii) in carrying out a dredged material ceive the conveyance under paragraph (2). (c) Section 1001 of the Water Resources Re-
placement activity under clause (i), act in (C) WILLAMETTE FALLS LOCKS PROJECT.— form and Development Act of 2014 (33 U.S.C.
accordance with Engineer Manual EM 1110–2– The term ‘‘Willamette Falls Locks project’’ 2282c) is amended—
5025 (or a subsequent version of that man- means the project for navigation, Willamette (1) in subsection (d)—
ual). Falls Locks, Willamette River, Oregon, au- (A) in paragraph (1), by striking ‘‘Notwith-
(7) RESERVATION OF RIGHTS.—The Secretary thorized by the Act of June 25, 1910 (36 Stat. standing the requirements of subsection (c),
may reserve and retain from any conveyance 664, chapter 382). the Secretary’’ and inserting ‘‘The Sec-
under this subsection a right-of-way or any (D) WILLAMETTE FALLS LOCKS REPORT.—The retary’’;
other right that the Secretary determines to term ‘‘Willamette Falls Locks report’’ (B) by striking ‘‘subsections (a) and (c)’’
be necessary for the operation and mainte- means the memorandum of the Director of each place it appears and inserting ‘‘sub-
nance of the authorized Federal channel Civil Works with the subject ‘‘Willamette section (a)’’; and
along the Ohio River. Falls Locks (WFL), Willamette River Oregon (C) by striking paragraph (4); and
(8) TREATMENT.—Conveyance to the non- Section 216 Disposition Study with Inte- (2) by striking subsection (c) and redesig-
Federal entity under this subsection of prop- grated Environmental Assessment (Study)’’, nating subsections (d) through (g) as sub-
erty described in paragraph (3)(A)(i) shall dated July 11, 2019. sections (c) through (f), respectively.
satisfy all obligations of the Secretary with (2) CONVEYANCE AUTHORIZED.—The Sec- (d) Section 6003 of the Water Resources Re-
respect to such property under— retary is authorized to convey to the receiv- form and Development Act of 2014 (33 U.S.C.
(A) section 306101 of title 54, United States ing entity, without consideration, all right, 579c), and the item relating to such section
Code; and title, and interest of the United States in in the table of contents, are repealed.
(B) section 306108 of title 54, United States and to any land in which the Federal Gov- (e) Section 1301 of the Water Resources De-
Code, with respect to the effects on the prop- ernment has a property interest for the Wil- velopment Act of 2016 (33 U.S.C. 579d), and
erty of dredged material placement activi- lamette Falls Locks project, together with the item relating to such section in the table
ties carried out by the Secretary after the any improvements on the land, subject to of contents, are repealed.
date of the conveyances. the requirements of this subsection and in (f) Section 1302 of the Water Resources De-
(9) INAPPLICABILITY.—Subtitle I of title 40, accordance with the Willamette Falls Locks velopment Act of 2016 (33 U.S.C. 579c–1), and
and chapter 4 of title 41, United States Code report. the item relating to such section in the table
shall not apply to any conveyance or ease- (3) DEED.—The Secretary shall convey the of contents, are repealed.
ment provided under this subsection. property under this subsection by quitclaim (g) Section 1301 of the Water Resources De-
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(i) LEABURG FISH HATCHERY, LANE COUNTY, deed under such terms and conditions as the velopment Act of 2018 (33 U.S.C. 579d–1), and
OREGON.— Secretary determines appropriate to protect the item relating to such section in the table
(1) CONVEYANCE AUTHORIZED.—Subject to the interests of the United States. of contents, are repealed.
the provisions of this subsection, the Sec- (4) SUBJECT TO EXISTING EASEMENTS AND (h) Section 1302 of the Water Resources De-
retary shall convey, without consideration, OTHER INTERESTS.—The conveyance of prop- velopment Act of 2018 (33 U.S.C. 579c–2), and
to the State of Oregon, acting through the erty under paragraph (2) shall be subject to the item relating to such section in the table
Oregon Department of Fish and Wildlife, all all existing deed reservations, easements, of contents, are repealed.
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H3948 CONGRESSIONAL RECORD — HOUSE July 29, 2020
TITLE IV—WATER RESOURCES poses, as identified in the reports titled ‘‘Re- gress, are authorized to be carried out by the
INFRASTRUCTURE port to Congress on Future Water Resources Secretary substantially in accordance with
Development’’ submitted to Congress pursu- the plans, and subject to the conditions, de-
SEC. 401. PROJECT AUTHORIZATIONS.
ant to section 7001 of the Water Resources scribed in the respective reports or decision
The following projects for water resources Reform and Development Act of 2014 (33 documents designated in this section:
development and conservation and other pur- U.S.C. 2282d) or otherwise reviewed by Con- (1) NAVIGATION.—
C. D.
B. Date of
A. State Estimated
Name Report of Costs
Chief of Engineers
1. AK Port of Nome Modifications May 29, 2020 Federal: $368,173,000
Non-Federal: $122,746,000
Total: $490,919,000
2. AK Unalaska (Dutch Harbor) Channels February 7, 2020 Federal: $26,202,750
Non-Federal: $8,734,250
Total: $34,937,000
3. CT New Haven Harbor Navigation Im- May 7, 2020 Federal: $53,489,000
provement Project Non-Federal: $18,822,000
Total: $72,311,000
4. NY, NJ New York and New Jersey Harbor April 23, 2020 Federal: $18,940,000
Anchorages Non-Federal: $6,310,000
Total: $25,250,000
5. TX Gulf Intracoastal Waterway, Brazos October 23, 2019 Total: $409,777,000, to be derived 1⁄2 from the general fund
River Floodgates and Colorado of the Treasury and 1⁄2 from the Inland Waterways
River Locks Trust Fund.
6. TX Houston Ship Channel Expansion April 23, 2020 Federal: $462,803,000
Channel Improvement Project, Non-Federal: $414,045,000
Harris, Chambers, and Galveston Total: $876,848,000
Counties
7. TX Matagorda Ship Channel Improve- November 15, 2019 Federal: $138,660,000
ment Project, Port Lavaca Non-Federal: $79,664,000
Total: $218,324,000
(2) FLOOD RISK MANAGEMENT.—
C. D.
B. Date of
A. State Estimated
Name Report of Costs
Chief of Engineers
1. AZ Little Colorado River at Winslow, December 14, 2018 Federal: $52,462,000
Navajo County Non-Federal: $28,249,000
Total: $80,711,000
2. CA Westminster, East Garden Grove, July 9, 2020 Federal: $314,506,000
California Flood Risk Manage- Non-Federal: $910,092,000
ment Total: $1,224,598,000
3. CT, NY Westchester County Streams, May 7, 2020 Federal: $14,702,500
Byram River Basin, Fairfield Non-Federal: $14,702,500
County, Connecticut, and West- Total: $29,405,000
chester County, New York
4. ND Souris River Basin Flood Risk April 16, 2019 Federal: $58,041,750
Management Non-Federal: $31,253,250
Total: $89,295,000
5. NJ Peckman River Basin April 29, 2020 Federal: $95,022,000
Non-Federal: $51,166,000
Total: $146,188,000
6. NM Middle Rio Grande Flood Protec- March 13, 2020 Federal: $190,538,000
tion, Bernalillo to Belen Non-Federal: $102,598,000
Total: $293,136,000
7. OK Tulsa and West-Tulsa Levee Sys- April 23, 2020 Federal: $86,780,000
tem, Tulsa County Non-Federal: $46,728,000
Total: $133,508,000
(3) HURRICANE AND STORM DAMAGE RISK RE-
DUCTION.—
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July 29, 2020 CONGRESSIONAL RECORD — HOUSE H3949
C.
Date of D.
B.
A. State Report of Estimated
Name Chief of Costs
Engineers
1. DE Delaware Beneficial Use of Dredged March 6, 2020 Initial Federal: $53,220,000
Material for the Delaware River Initial Non-Federal: $28,660,000
Total: $81,880,000
Renourishment Federal: $116,380,000
Renourishment Non-Federal: $116,380,000
Renourishment Total: $232,760,000
2. NJ New Jersey Beneficial Use of April 8, 2020 Initial Federal: $80,780,000
Dredged Material for the Dela- Initial Non-Federal: $43,500,000
ware River Total: $124,280,000
Renourishment Federal: $82,140,000
Renourishment Non-Federal: $82,140,000
Renourishment Total: $164,280,000
3. NJ Rahway River Basin, New Jersey June 9, 2020 Federal: $46,754,000
Coastal Storm Risk Management Non-Federal: $25,175,000
Total: $71,929,000
4. NY East Rockaway Inlet to Rockaway August 22, 2019 Initial Federal: $604,203,000
Inlet and Jamaica Bay, Atlantic Initial Non-Federal: $0
Coast of New York Total: $604,203,000
Renourishment Federal: $189,763,000
Renourishment Non-Federal: $189,763,000
Renourishment Total: $379,526,000
5. NY Hashamomuck Cove Coastal Storm December 9, 2019 Initial Federal: $11,549,000
Risk Management Initial Non-Federal: $6,218,000
Total: $17,767,000
Renourishment Federal: $23,481,500
Renourishment Non-Federal: $23,481,500
Renourishment Total: $46,963,000
6. RI Pawcatuck River Coastal Storm December 19, 2018 Federal: $37,848,000
Risk Management Project Non-Federal: $20,379,000
Total: $58,227,000
7. VA Norfolk Coastal Storm Risk Man- February 5, 2019 Federal: $909,040,000
agement Non-Federal: $489,480,000
Total: $1,398,520,000
(4) FLOOD RISK MANAGEMENT AND ECO-
SYSTEM RESTORATION.—
C. D.
B. Date of
A. State Estimated
Name Report of Costs
Chief of Engineers
1. CO South Platte River and Tributaries, July 29, 2019 Federal: $334,412,000
Adams and Denver Counties Non-Federal: $200,406,000
Total: $534,818,000
2. NY Fire Island Inlet to Montauk Point, July 9, 2020 Initial Federal: $1,541,981,000
New York Reformulation Initial Non-Federal: $0
Total: $1,541,981,000
Renourishment Federal: $742,926,500
Renourishment Non-Federal: $742,926,500
Renourishment Total: $1,485,853,000
(5) ECOSYSTEM RESTORATION.—
C. D.
B. Date of
A. State Estimated
Name Report of Costs
Chief of Engineers
1. CA Delta Islands and Levees December 18, 2018 Federal: $16,746,395
Non-Federal: $9,016,736
Total: $25,763,131
2. CA Yuba River Ecosystem Restoration June 20, 2019 Federal: $65,014,326
Non-Federal: $35,008,268
Total: $100,022,594
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3. FL Comprehensive Everglades Restora- April 8, 2020 Federal: $372,232,000
tion Plan, Loxahatchee River Wa- Non-Federal: $368,528,000
tershed Restoration Project, Mar- Total: $740,760,000
tin and Palm Beach Counties
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H3950 CONGRESSIONAL RECORD — HOUSE July 29, 2020
C. D.
B. Date of
A. State Estimated
Name Report of Costs
Chief of Engineers
4. IL The Great Lakes and Mississippi May 23, 2019 Federal: $690,643,200
River Interbasin Study - Brandon Non-Federal: $172,660,800
Road, Will County Total: $863,304,000
5. IL South Fork of the South Branch of July 9, 2020 Federal: $11,657,000
the Chicago River, Bubbly Creek, Non-Federal: $6,277,000
Ecosystem Restoration Total: $17,934,000
6. MD Anacostia Watershed Restoration, December 19, 2018 Federal: $23,171,000
Prince George’s County Non-Federal: $12,476,000
Total: $35,647,000
7. MO St. Louis Riverfront- Meramec November 1, 2019 Federal: $60,124,000
River Basin Ecosystem Restora- Non-Federal: $32,375,000
tion Total: $92,499,000
8. NM Rio Grande, Environmental Man- August 5, 2019 Federal: $16,163,000
agement Program, Sandia Pueblo Non-Federal: $8,703,000
to Isleta Pueblo, New Mexico Total: $24,866,000
Ecosystem Restoration
9. NY, NJ Hudson-Raritan Estuary Ecosystem May 26, 2020 Federal: $265,320,000
Restoration Non-Federal: $142,864,000
Total: $408,184,000
10. TX Jefferson County Ecosystem Res- September 12, 2019 Federal: $37,615,000
toration Non-Federal: $20,254,000
Total: $57,869,000
(6) WATER SUPPLY.—
C. D.
B. Date of
A. State Estimated
Name Report of Costs
Chief of Engineers
1. OR Willamette River Basin Review Re- December 18, 2019 Federal: $0
allocation, Non-Federal: $0
Total: $0
(7) MODIFICATIONS AND OTHER PROJECTS.—
C. D.
B. Date of
A. State Estimated
Name Decision Costs
Document
1. FL Caloosahatchee River West Basin July 24, 2020 Federal: $503,466,500
Storage Reservoir (C-43 WBSR) Non-Federal: $503,466,500
Total: $1,006,933,000
2. 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 Waterways
Trust Fund)
3. NC Carolina Beach Integrated Beach June 16, 2020 Federal: $24,205,000
Renourishment Non-Federal: $24,205,000
Total: $48,410,000
4. 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
5. TX Corpus Christi Ship Channel, Deep- May 4, 2020 Federal: $403,000,000
ening and Widening and Barge Non-Federal: $273,010,000
Shelves Total: $676,010,000
SEC. 402. SPECIAL RULES. Chief of Engineers, dated May 23, 2019, with carry out the project for water supply, Wil-
(a) GREAT LAKES AND MISSISSIPPI RIVER the following modifications: lamette River Basin Review Reallocation,
INTERBASIN PROJECT, BRANDON ROAD, WILL (1) The Federal share of the cost of con- Oregon, authorized by section 401 of this Act,
struction shall be 80 percent. substantially in accordance with the terms
dlhill on DSK120RN23PROD with HOUSE
COUNTY, ILLINOIS.—The Secretary shall carry
out the project for ecosystem restoration, (2) The Secretary may include the addition and conditions described in the Report of the
Great Lakes and Mississippi River Interbasin or substitution of technologies or measures Chief of Engineers, dated December 18, 2019,
project, Brandon Road, Will County, Illinois, not described in the report, as the Secretary
with the following modifications:
authorized by section 401 of this Act, sub- determines to be advisable.
(1) The Secretary shall meet the obliga-
stantially in accordance with the terms and (b) WILLAMETTE RIVER BASIN REVIEW RE- tions of the Corps of Engineers under the En-
conditions described in the Report of the ALLOCATION STUDY.—The Secretary shall dangered Species Act of 1973 by complying
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July 29, 2020 CONGRESSIONAL RECORD — HOUSE H3951
with the June 2019 NMFS Willamette Basin (6) CHACON CREEK, TEXAS.—The project for Chair NAPOLITANO, and Subcommittee
Review Study Biological Opinion Reasonable flood risk management, ecosystem restora- Ranking Member BRUCE WESTERMAN in
and Prudent Alternative until such time, if tion, and other purposes, Chacon Creek, sponsoring the Water Resources Devel-
any, as it is modified or replaced, in whole or Texas, as described in the review assessment
opment Act of 2020.
in part, through the consultation process of the Secretary, titled ‘‘Review Assessment
The bill under consideration today
under section 7(a) of the Endangered Species of Chacon Creek, Texas Section 203 Inte-
Act of 1973. grated Feasibility Report and DRAFT Envi- was developed in a bipartisan manner
(2) The Secretary may reallocate not more ronmental Assessment (August 2018)’’ and with input from both sides of the aisle.
than 10 percent of overall storage in the dated September 2018, at a total cost of The legislation was considered in com-
joint conservation pool, as authorized by $51,973,000. mittee and favorably reported by voice
this Act and without further congressional (b) REQUIREMENTS.—The Secretary may vote.
action, if such reallocation is consistent only carry out a project authorized under H.R. 7575 includes projects and policy
with the ongoing consultation under section subsection (a)— provisions that impact communities
7(a) of the Endangered Species Act of 1973 re- (1) substantially in accordance with the ap- across the Nation. It authorizes con-
lated to Willamette Valley System oper- plicable review assessment for the project
submitted by the Secretary under section
struction of 34 projects studied and ap-
ations.
(3) The Secretary shall ensure that the re- 203(c) of the Water Resources Development proved by the chief of engineers since
vised reallocation is not reallocated from a Act of 1986, as identified in subsection (a) of WRDA 2018 was signed into law.
single storage use, does not seriously affect this section, and subject to such modifica- It authorizes 36 new Corps of Engi-
authorized project purposes, and does not tions or conditions as the Secretary con- neers feasibility studies and directs the
otherwise involve major operational changes siders appropriate and identifies in a final Corps to expedite the completion of 41
to the project. assessment that addresses the concerns, rec- ongoing studies, which were submitted
(c) CANO MARTIN PENA, SAN JUAN, PUERTO ommendations, and conditions identified by to the Corps by local sponsors willing
RICO.—Section 5127 of the Water Resources the Secretary in the applicable review as- to share the costs of these project stud-
Development Act of 2007 (121 Stat. 1242) is sessment; and
ies.
amended by striking ‘‘$150,000,000’’ and in- (2) after the Secretary transmits to the
H.R. 7575 continues our work to en-
serting ‘‘$232,430,000’’. Committee on Transportation and Infra-
structure of the House of Representatives sure the full utilization of the harbor
SEC. 403. AUTHORIZATION OF PROJECTS BASED maintenance trust fund by unlocking
ON FEASIBILITY STUDIES PRE- and the Committee on Environment and
PARED BY NON-FEDERAL INTER- Public Works of the Senate such final assess- nearly $10 billion. This is $10 billion
ESTS. ment. under an initiative started by Ronald
(c) TECHNICAL CORRECTION.—Section Reagan of taxes collected from ship-
(a) IN GENERAL.—The Secretary is author-
203(c)(1) of the Water Resources Development pers that are ultimately paid by con-
ized to carry out the following projects for
Act of 1986 (33 U.S.C. 2231(c)(1)) is amended, sumers in the United States. So, for
water resources development and conserva-
in the matter preceding subparagraph (A), by
tion and other purposes, subject to sub-
striking ‘‘a report’’ and inserting ‘‘an assess-
years, we have been taking money
section (b): under false pretenses and not spending
ment’’.
(1) FORT PIERCE, ST. LUCIE COUNTY, FLOR- that money on its designated purpose.
IDA.—The project for hurricane and storm
TITLE V—BUDGETARY EFFECTS
SEC. 501. DETERMINATION OF BUDGETARY EF-
This bill will finally rectify that
damage reduction, Fort Pierce, St. Lucie problem. There is ample need to invest
County, Florida, as described in the review FECTS.
The budgetary effects of this Act, for the that $10 billion in our ports and har-
assessment of the Secretary, titled ‘‘Review
Assessment of St. Lucie County, Florida purpose of complying with the Statutory bors around the country.
Fort Pierce Shore Protection Project Sec- Pay-As-You-Go Act of 2010, shall be deter- The legislation also directs the Sec-
tion 203 Integrated Feasibility Study and En- mined by reference to the latest statement retary of the Army to equitably allo-
vironmental Assessment (June 2018)’’ and titled ‘‘Budgetary Effects of PAYGO Legisla- cate maintenance funds to pay for har-
dated July 2018, at a total cost of $33,107,639, tion’’ for this Act, submitted for printing in bor operation maintenance needs,
the Congressional Record by the Chairman of
and at an estimated total cost of $97,958,972 while addressing the ongoing needs of
for periodic nourishment over the 50-year life the House Budget Committee, provided that
such statement has been submitted prior to the Nation’s largest ports, the Great
of the project. Lakes harbors, its emerging harbors.
(2) BAPTISTE COLLETTE BAYOU, LOUISIANA.— the vote on passage.
This is especially important in com-
The project for navigation, Baptiste Collette The SPEAKER pro tempore. Pursu-
munities like my district along Or-
Bayou, Louisiana, as described in the review ant to the order of the House of today,
assessment of the Secretary, titled ‘‘Review
egon’s southwest coast, where the dif-
the gentleman from Oregon (Mr. DEFA-
Assessment of Plaquemines Parish Govern- ference between life and death for
ZIO) and the gentleman from Missouri
ment’s Section 203 Study Baptiste Collette those who both recreate or fish com-
(Mr. GRAVES) each will control 30 min-
Bayou Navigation Channel Deepening mercially is in the conditions of our
utes.
Project Integrated Feasibility Study and En-
The Chair recognizes the gentleman harbors, jetties, and breakwaters. It is
vironmental Assessment (January 2017, literally life and death in very cold
Amended April 2018)’’ and dated June 2018, at from Oregon.
water. So, this is incredibly important.
a total cost of $44,920,000. b 1415 Before earmarks were banned, I used
(3) HOUMA NAVIGATION CANAL, LOUISIANA.— to get my harbors dredged by ear-
GENERAL LEAVE
The project for navigation, Houma Naviga-
tion Canal, Louisiana, as described in the re- Mr. DEFAZIO. Mr. Speaker, I ask marking. Since that was banned when
view assessment of the Secretary, titled ‘‘Re- unanimous consent that all Members the Republicans took over in 2010, I
view Assessment of Houma Navigation Canal have 5 legislative days in which to re- managed in the first WRDA bill in 2014
Deepening Project Section 203 Integrated vise and extend their remarks and in- to get a 10 percent set-aside for small
Feasibility Report and DRAFT Environ- clude extraneous material on H.R. 7575, and emerging harbors. That has pro-
mental Impact Statement (June 2018)’’ and as amended. vided the critical dredging for my dis-
dated July 2018, at a total cost of $253,458,000. The SPEAKER pro tempore. Is there trict and many, many harbors around
(4) PORT FOURCHON BELLE PASS CHANNEL, the United States of America.
LOUISIANA.—The project for navigation, Port
objection to the request of the gen-
tleman from Oregon? This bill, because we will have a lot
Fourchon Belle Pass Channel, Louisiana, as
described in the review assessment of the There was no objection. more money, will provide actually 20
Secretary, titled ‘‘Review Assessment of Mr. DEFAZIO. Mr. Speaker, I yield percent to small and emerging harbors.
Port Fourchon Belle Pass Channel Deepening myself such time as I may consume. We have delayed and deferred projects
Project Section 203 Feasibility Study (Janu- Mr. Speaker, today, we continue the all around the country.
ary 2019, revised January 2020)’’ and dated Transportation and Infrastructure This bill also recognizes the impor-
April 2020, at a total cost of $95,483,000. Committee tradition by considering tant role that inland waterways play in
(5) WILMINGTON HARBOR, NORTH CAROLINA.— the fourth consecutive bipartisan our Nation and provides a cost-share
The project for navigation, Wilmington Har- Water Resources Development Act shift to help in completing construc-
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bor, North Carolina, as described in the re-
since 2014, a tradition started by my tion of much-needed projects. I would
view assessment of the Secretary, titled ‘‘Re-
view Assessment of Wilmington Harbor, friend and predecessor, Bill Shuster. It give a shout-out to CONOR LAMB from
North Carolina Navigation Improvement is a great tradition, and it is an incred- Pennsylvania as being a tireless advo-
Project Integrated Section 203 Study & Envi- ible service to our Nation. cate on that, as well as other Members.
ronmental Report (February 2020)’’ and dated I am proud to be joined by Ranking WRDA 2020 also includes specific
May 2020, at a total cost of $834,093,000. Member SAM GRAVES, Subcommittee policies that focus on climate change,
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H3952 CONGRESSIONAL RECORD — HOUSE July 29, 2020
natural infrastructure solutions, and DELGADO, HARLEY ROUDA, and SHARICE Committee on the Budget on this important
affordability, and provisions that assist DAVIDS, they were all instrumental in issue.
minority, Tribal, and rural commu- bringing important issues to the com- Sincerely,
PETER A. DEFAZIO,
nities. mittee and contributed to the forma-
Chair.
The bill recognizes the important tion of WRDA 2020.
role of resiliency in helping commu- The Water Resources Development Mr. GRAVES of Missouri. Mr. Speak-
nities meet the current and future Act is essential to communities er, I yield myself such time as I may
challenges of changing hydrologic con- throughout the country that depend consume.
ditions and repetitive and more fre- Mr. Speaker, I rise today in support
upon the safe and affordable uses of
quent flooding events. I am glad to in- of H.R. 7575, the Water Resources De-
their ports, harbors, and inland water-
clude provisions in this bill that will velopment Act of 2020, or WRDA 2020.
ways. Our economy, safety, and envi-
ensure taxpayer dollars are spent on Two weeks ago, we advanced this bi-
ronment will benefit from passage of
infrastructure that will be resilient partisan legislation out of committee
WRDA 2020.
and will contribute to the resiliency of by voice vote. In taking up this bill, as
I am proud of our work on this bill, the chairman pointed out, we are main-
communities across the country. and I urge my colleagues to join me in
It also ensures that all communities, taining Congress’ consideration of
support of this legislation. WRDA legislation on a 2-year cycle,
especially communities with socio- I reserve the balance of my time.
economic challenges, have a path for- something that we have done for some
HOUSE OF REPRESENTATIVES,
ward in getting the tools they need for time now, since 2014.
COMMITTEE ON THE BUDGET,
flood protection and ecosystem res- Washington, DC, July 24, 2020. We are also demonstrating that when
toration. H.R. 7575 continues this tradi- Hon. PETER A. DEFAZIO, we work in partnership instead of par-
tion with a 2-year extension of the Chairman, Committee on Transportation and tisanship, we can accomplish great
process. Infrastructure, House of Representatives, things for the infrastructure and for
We accommodated many, many Washington, DC. the American people.
Member requests from both sides of the DEAR CHAIRMAN DEFAZIO: I write to con- I want to thank all the members of
firm our mutual understanding regarding the committee and staff, especially the
aisle in this bill. There are some provi- H.R. 7575, the Water Resources Development
sions in this bill, however, that will Subcommittee on Water Resources and
Act of 2020. H.R. 7575 contains provisions
need further review. This legislation Environment, for their hard work and
that fall within the rule X jurisdiction of the
continues in conference. Committee on the Budget. However, in order their willingness to work together on
For example, H.R. 7575 authorizes six to expedite floor consideration of this impor- this important piece of legislation.
projects where the studies were devel- tant legislation, the Committee agrees to WRDA authorizes 39 critical projects
oped by the non-Federal interest under waive formal consideration of the bill. across the country that originate at
section 203 of WRDA–86. The Committee on the Budget takes this the local level but provide far-reaching
The committee has received letters action with the mutual understanding that, benefits throughout their regions and
of concern about whether these in doing so, we do not waive any jurisdiction the national economy.
over the subject matter contained in this or WRDA is going to strengthen our
projects have undergone sufficient en- similar legislation, and that the Committee
vironmental review, which would in- American competitiveness. It is going
will be appropriately consulted and involved
clude public input of an equivalent as the bill or similar legislation moves for- to provide greater safeguards and peace
level to studies developed by the Corps ward so that we may address any remaining of mind to our constituencies and help
of Engineers. These are valid questions, issues within our jurisdiction. The Com- create jobs. Importantly, this bill sup-
and they may require changes to the mittee also reserves the right to seek ap- ports the Nation’s inland waterway
203 process as we go to conference with pointment to any House-Senate conference networks and flood protection infra-
the Senate. convened on this legislation or similar legis- structure.
lation and requests your support if such a re- In my home State of Missouri, we ex-
I would like to recognize a few indi- quest is made.
vidual members on the Committee on perienced devastating high water in
Thank you for agreeing to include our ex-
Transportation and Infrastructure for 2019. RECORD flooding along the Mis-
change of letters in the Congressional
their valuable contributions to this Record. I appreciate your cooperation re- souri River destroyed homes, farms,
bill: Chairwoman GRACE NAPOLITANO, garding this legislation and look forward to and businesses in communities like Big
for her dogged support in addressing continuing to work with you as this measure Lake and Craig, Missouri, and many of
the maintenance needs of our largest moves through the legislative process. those affected are still recovering to
ports, particularly southern California, Sincerely, this day.
and for meeting future water supply JOHN A. YARMUTH, The threat of flooding remains for
Chairman. many Americans, and this bill author-
needs of arid regions around the Na-
tion, and the dedication of some of the
-- izes some bold new plans to evaluate
HOUSE OF REPRESENTATIVES, COM- flood risk reduction in many of the
newest members of my committee. MITTEE ON TRANSPORTATION AND
The vice chairwoman of the sub- INFRASTRUCTURE,
major river basins.
committee is Ms. MUCARSEL-POWELL Washington, DC, July 24, 2020. This is a good first step to providing
from Florida, and her dedication to Hon. JOHN YARMUTH, greater protections for the lives and
getting provisions to protect and re- Chairman, Committee on the Budget, property of the folks in the Lower Mis-
store the national treasure that is the House of Representatives, Washington, DC. souri River Basin. My district also bor-
Everglades was tireless. DEAR MR. YARMUTH: Thank you for your ders the Mississippi River, with local
I also recognize the work of the gen- letter regarding H.R 7575, the Water Re- communities facing very similar chal-
tlewoman from Texas (Mrs. FLETCHER) sources Development Act of 2020. I appre- lenges with flood control and naviga-
ciate your decision to waive formal consider-
for her incredibly strong advocacy for tion.
ation of the bill.
the Port of Houston and their needs, To address these issues, WRDA pro-
I agree that the Committee on the Budget
and for the protection and sustain- has valid jurisdictional claims to certain vides new authority for the construc-
ability of the businesses and commu- provisions in this important legislation, and tion of permanent flood control struc-
nities along the Texas Gulf Coast that I further agree that by forgoing formal con- tures in communities that experience
depend upon that navigable area. sideration of the bill, the Committee on the repetitive losses as a result of flood
I also recognize the new Member, the Budget is not waiving any jurisdiction over events. We simply have to stop rebuild-
gentlewoman from Iowa (Ms. any relevant subject matter. Additionally, I ing back to the same inadequate stand-
FINKENAUER), for her advocacy in ad- will support the appointment of conferees ards in repeatedly flooded communities
from the Committee on the Budget should a
dlhill on DSK120RN23PROD with HOUSE
dressing flooding risks of rural and eco- like mine in north Missouri.
House-Senate conference be convened on this
nomically disadvantaged communities legislation. Finally, this exchange of letters This bill also streamlines the Public
within the Mississippi River Valley. will be included in the Congressional Record Law 84–99 program to ensure critical
As I mentioned before, CONOR LAMB when the bill is considered on the floor. projects under this program can be
contributed. ANGIE CRAIG, Mr. PAPPAS Thank you again and I look forward to done more efficiently and more effec-
from New Hampshire, Representative continuing to work collaboratively with the tively.
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July 29, 2020 CONGRESSIONAL RECORD — HOUSE H3953
It has been more than a year since commend the committee and its chair to regular order for consideration of
floods devastated parts of my district, for taking important steps updating re- water resources projects. Regularly
and I am still getting calls from levee quirements for resiliency, embedding overseeing the improvement of our Na-
districts and communities on both the beneficial reuse into the Corps’ project tion’s infrastructure is one of Congress’
Mississippi and the Missouri Rivers development process, and investing and most important responsibilities.
about issues they are having with this rebuilding the Nation’s water infra- This is a good, commonsense bill, and
program. Under this bill, some of that structure for the 21st century, all of I want to thank Chair DEFAZIO and es-
is going to be alleviated. which will create good jobs across this pecially Chair NAPOLITANO for her lead-
The bill also delays construction and Nation. ership on our Water Resources and En-
requires further evaluation of intercep- Let me applaud Chairman DEFAZIO vironment Subcommittee, and both of
tion-rearing complexes, or IRCs. These and the ranking member for their care- them for working across the aisle with
expensive and unproven projects are ful work to develop a bipartisan bill. us.
supposedly designed to save the pallid The Water Resources Development Act Finally, Mr. Speaker, I want to rec-
sturgeon, but we don’t know if they of 2020 enjoys broad support and will ognize the incredible staff work on
will actually do that. What we do know ensure our Nation’s continued pros- both sides of the aisle, but, in par-
is that they are disastrous for naviga- perity. ticular, the Republican staff, which in-
tion and disastrous for flood control cludes Ian Bennitt, Jon Pawlow, and
along the Missouri River. b 1430
Victor Sarmiento. I also want to recog-
This bill recognizes the Corps should Mr. GRAVES of Missouri. Mr. Speak- nize Jefferson Deming on my staff for
not build any more IRCs until it is er, I yield 3 minutes to the gentleman his work.
proven that they won’t negatively im- from Arkansas (Mr. WESTERMAN), who Mr. Speaker, I urge all Members to
pact navigation and flood protection is on the Water Resources and Environ- support H.R. 7575.
for many of our towns, farms, and busi- ment Subcommittee. Mr. DEFAZIO. Mr. Speaker, I in-
nesses along the river. Mr. WESTERMAN. Mr. Speaker, I cluded in the RECORD a letter from
Additionally, this legislation pro- thank the Republican leader and our Chairman JOHN YARMUTH from the
vides important new tools and funding ranking member, Mr. GRAVES from House Committee on the Budget agree-
set-asides for rural communities. It en- Missouri, for their continued leader- ing to waive consideration of H.R. 7575,
sures that major construction and re- ship on the consideration of the Water as amended, as well as my response to
habilitation efforts on the inland wa- Resource Development Acts, or Chairman YARMUTH expressing appre-
terway system are completed more WRDAs. ciation for his willingness to work co-
quickly, and it offsets new project au- Today I rise in strong support of H.R. operatively on this legislation.
thorizations with deauthorizations of 7575, WRDA 2020. H.R. 7575 strengthens Mr. Speaker, I also include in the
old, out-of-date projects to ensure fis- our Nation’s ability to withstand se- RECORD several letters of support from
cal responsibility. vere weather and flood events. It au-
This is a commonsense, bipartisan organizations and stakeholders in sup-
thorizes the construction of key water port of H.R. 7575.
bill, and I want to thank Chairman infrastructure projects, creates jobs JULY 28, 2020.
DEFAZIO, Chairwoman NAPOLITANO, and here at home, and directly contributes DEAR MEMBERS OF THE U.S. HOUSE OF REP-
Ranking Member WESTERMAN for their to our economic growth and competi- RESENTATIVES,
partnership in this bipartisan effort. tiveness. The farmers, ranchers, food and beverage
Mr. Speaker, I urge all Members to The Subcommittee on Water Re- manufacturers, processors, package suppliers
support H.R. 7575, and I reserve the bal- sources and Environment, where I have and agricultural product marketers that
ance of my time. comprise our memberships are dedicated to
the honor of serving as ranking mem- providing the safe, abundant and affordable
Mr. DEFAZIO. Mr. Speaker, I yield 2 ber, has jurisdiction over the water re-
minutes to the gentlewoman from Ohio food, fiber and feed required to ensure our
sources development missions of the country stays healthy and fed.
(Ms. KAPTUR). U.S. Corps of Engineers. H.R. 7575 au- Because American agriculture’s competi-
Ms. KAPTUR. Mr. Speaker, I rise in
thorizes vital Corps projects for navi- tive advantage largely depends upon the
support of the Water Resources Devel- quality, reliability, accessibility and cost-ef-
gation; flood control; shoreline protec-
opment Act. fectiveness of the national transportation
This bill, which was artfully and tion; recreation; water supply; environ-
mental protection, restoration, and en- system, our organizations commend Con-
carefully drafted by Chairman DEFAZIO gress for consistently examining water infra-
and the chair of the Water Resources hancement; and fish and wildlife man- structure projects every two years and write
and Environment Subcommittee, Con- agement. today to urge your support of H.R. 7575, the
gresswoman NAPOLITANO, enjoys broad This WRDA bill focuses on sup- Water Resources Development Act (WRDA)
bipartisan support. porting more resilient infrastructure, of 2020.
In particular, this bill includes provi- increasing rural flood protection, ad- As you know, agricultural commodities
dressing the maintenance backlogs at move via truck, rail, barge and ocean-going
sions that will protect the Great vessels. Consistent and timely focus on the
Lakes, which contain 90 percent of our Nation’s ports and harbors, and
prioritizes our Nation’s inland water- U.S. inland waterways transportation net-
North America’s fresh surface water. work is vital to agricultural stakeholders be-
It includes a specific authorization of ways. cause 20 percent of a farmer’s income de-
the invasive species control system at This bill will help key projects in my pends on exports. Inland waterway barge
Brandon Road Lock and Dam. Once home State of Arkansas that will spur transportation is the least expensive, most
completed, Brandon Road will prevent economic development and prevent fur- efficient and most environmentally friendly
Asian carp and other invasive species ther environmental degradation. It ad- mode, and U.S. locks and dams help relieve
from entering the Great Lakes. vances the long-stalled MKARNS deep- congestion and wear-and-tear on highways as
The Great Lakes delegation has ening project, protects the water sup- well as discipline rail rates.
ply for users of the Ouachita-Black sys- With respect to U.S. port and inland water-
fought for that authorization for near- ways infrastructure, H.R. 7575 includes two
ly a decade. Since 2010, when Congress tem, and begins the process of pre- notable provisions we wish to highlight.
authorized the Great Lakes interbasin venting bank destabilization of the Both Section 101 concerning the Harbor
study, our delegation has worked for a Sulphur River. Maintenance Trust Fund (HMTF) and Sec-
long-term and basin-wide solution to Our committee passed this bill 2 tion 108 pertaining to inland waterways
the threat posed by the Asian carp. weeks ago by a voice vote, continuing projects would positively affect the ability of
Today’s authorization is not the end, the strong bipartisan support and the our organizations’ members to fulfill their
but it sends a bipartisan and clear mes- WRDA tradition. role in the agricultural value chain to serve
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H.R. 7575 is fiscally responsible, with American farmers and domestic and global
sage to our Nation that we take the
customers.
protection of America’s greatest $7 bil- new project authorizations fully offset As you know, the intent of Section 101 of
lion recreational, fishery, and fresh- by deauthorizations of projects that H.R. 7575 is to ‘‘unlock’’ the more than $9 bil-
water system seriously. are outdated or no longer viable. lion that’s been collected and deposited in
In addition to the bill’s commitment Above all, this legislation represents the HMTF by those that pay the 0.125 per-
to the Brandon Road project, I also the continued bipartisan commitment cent ad valorem tax based upon the value of
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H3954 CONGRESSIONAL RECORD — HOUSE July 29, 2020
cargo imports. The inability thus far to ac- of Port Authorities (AAPA) supports passage lows non-federal interests to carry out feasi-
cess and spend those dollars on much-needed of H.R. 7575, the Water Resources Develop- bility studies and projects, and modify the
port dredging further has eroded the United ment Act of 2020 through the House of Rep- cost share of projects funded by the Inland
States’ comparative transportation advan- resentatives. On behalf of our 78 United Waterways Trust Fund, among others.
tage and contributed to lost export opportu- States member ports, AAPA appreciates that AGC applauds the bipartisan process used
nities to the detriment of U.S. economic this legislation expands the budget cap ad- to develop H.R. 7575 and is hopeful that the
growth. Our organizations strongly support justment to all the Harbor Maintenance
Section 101, which would provide critical and House and U.S. Senate will reach an agree-
Trust Fund revenues for the U.S. Army ment between their respective legislative
overdue access to the existing balance in the Corps of Engineers (Corps) which would
HMTF so that these funds can be spent on proposals this year. Again, AGC urges you to
unlock approximately $10 billion from the vote ‘‘yes’’ on H.R. 7575 and looks forward to
dredging as intended. Harbor Maintenance Trust Fund. We are
In addition, we believe that adjusting the working with the Congress as the legislative
pleased to see that the legislation recognizes
cost-share formula for inland waterway con- process continues.
the needs of donor ports, emerging harbors
struction and major rehabilitation of naviga- Sincerely,
and Great Lakes navigation projects and
tion projects, as proposed in Section 108 of JAMES V. CHRISTIANSON,
look forward to working with you prior to
H.R. 7575, is a prudent policy that would help Vice President, Government Relations.
address a critical problem facing our inland enactment on these provisions.
The legislation also authorizes new naviga-
waterways transportation system. As you tion channel improvement studies as well as
know, the majority of U.S. locks and dams THE PORT
authorizing projects to proceed to construc- OF LOS ANGELES,
are operating on borrowed time, having long
tion. The legislation continues to improve July 16, 2020.
outlived their 50-year design life. Further,
the efficiency and cost effectiveness of Corps Hon. PETER DEFAZIO,
most are not of sufficient capacity to handle
modem 1,200-foot barge tows, and others re- study efforts and product delivery. These ef-
Chairman, Committee on Transportation & In-
quire more maintenance. Each of these fac- forts are essential for our Nation’s future
frastructure, Washington, DC.
tors costs shippers valuable time and re- economic growth as well as providing family
Hon. GARRET GRAVES,
sources. supporting jobs.
I thank you for your work on these issues Ranking Member, Committee on Transportation
Section 108 amends the cost-share formula & Infrastructure, Washington, DC.
for the construction and major rehabilita- and others related to maritime infrastruc-
ture, both included in this bill and other- Hon. GRACE NAPOLITANO,
tion of each inland waterways navigation
wise. Our Association looks forward to work- Chairwoman, Subcommittee on Water Resources
project from the current 50 percent general
revenue and 50 percent Inland Waterways ing with you, your Committee staff, and the and Environment, Washington, DC.
Trust Fund (IWTF) funding to 65 percent rest of Congress on passage of this legisla- Hon. BRUCE WESTERMAN,
general revenue and 35 percent IWTF. The tion. Ranking Member, Subcommittee on Water Re-
policy is a step in the right direction that Respectfully, sources and Environment, Washington, DC.
would expedite completion of such projects CHRISTOPHER J. CONNOR, DEAR CHAIRMAN DEFAZIO, CHAIRWOMAN
and help bring the U.S. inland waterways President and CEO. NAPOLITANO, RANKING MEMBER GRAVES, AND
transportation system into the 21st century. RANKING MEMBER WESTERMAN: On behalf of
For these reasons, we support making per- THE CONSTRUCTION ASSOCIATION, the Port of Los Angeles, I am writing to
manent the cost share formula adjustment July 28, 2020. thank you for your leadership in advancing
in H.R. 7575 to provide certainty for these Speaker NANCY PELOSI, the Water Resources Development Act of
projects, which reduces construction costs. House of Representatives, 2020 and to express our strong support for its
Our organizations strongly support passage Washington, DC. swift enactment.
of H.R. 7575 because Section 101 and Section Minority Leader KEVIN MCCARTHY,
108 would enhance U.S. agriculture’s com- Combined, the San Pedro Bay ports of Los
House of Representatives,
petitiveness, contribute to the overall effi- Angeles and Long Beach handle more than
Washington, DC.
ciency of the U.S. transportation system, one third of the nation’s containerized im-
Re H.R. 7575, the Water Resources Develop- ports and exports. In fact, every single Con-
and promote overall U.S. economic growth
and job creation. We urge you to support and ment Act of 2020. gressional district in the nation is reached
approve this critical infrastructure bill so DEAR SPEAKER PELOSI AND MINORITY LEAD- by the goods moving through the San Pedro
that negotiations can proceed with the Sen- ER MCCARTHY: On behalf of the Associated bay, so maintaining the in-water infrastruc-
ate with the goal of enacting a new WRDA General Contractors of America (AGC)—the ture at these ports is essential for American
law in 2020. leading association in the construction in- competitiveness in the global economy.
Sincerely, dustry representing more than 27,000 firms,
Agricultural and Food Transporters Con- including America’s leading general contrac- In previous communications we noted that
ference, Agricultural Retailers Association, tors, specialty-contracting firms, service historically the San Pedro Bay ports receive
Agriculture Transportation Coalition, Amer- providers, and suppliers—I urge you to vote a disproportionately low return of Harbor
ican Farm Bureau Federation, American ‘‘yes’’ on H.R. 7575, the Water Resources De- Maintenance Trust (HMT) revenues, and
Soybean Association, American Sugar Cane velopment Act of 2020, which is expected to what we do receive cannot be used for vital
League, Corn Refiners Association, Farm be considered by the U.S. House of Rep- infrastructure maintenance. We are grateful
Credit Council, Florida Sugar Cane League, resentatives under the suspension of the that you have recognized the importance of
Institute of Shortening and Edible Oils, Na- rules this week. equity for donor ports in your legislation
tional Aquaculture Association, National As- H.R. 7575 is an essential step forward as and addressed these priorities:
sociation of Wheat Growers, National Cattle- Congress works to continue the biennial Fair share of HMT funding for donor ports.
men’s Beef Association. process of passing legislation that invests in
National Corn Growers Association, Na- Expanded uses for emerging harbors and
our nation’s water resources infrastructure.
tional Cotton Council, National Council of donor ports.
The predictability of the biennial passage of
Farmer Cooperatives, National Grain and water resources development acts is critical Extension of the 2106 program for donor
Feed Association, National Milk Producers for all stakeholders invoked in the planning and energy transfer ports.
Federation, National Oilseed Processors As- and execution of water resources projects. A robust and healthy port industry is vital
sociation, North American Millers’ Associa- Through these investments, H.R. 7575 will to our nation’s economy. Donor ports, such
tion, North American Renderers Association, create jobs, improve the quality of life for all as the Port of Los Angeles, play a funda-
Specialty Soya & Grains Alliance, The Fer- Americans, protect our communities, facili- mental role in supporting the national
tilizer Institute, United Fresh Produce Asso- tate waterborne commerce, restore environ-
ciation, USA Rice, Waterways Council, Inc., freight system and the Harbor Maintenance
mentally sensitive areas of the country, and Trust Fund. Full spend of HMT revenues (in-
Western Growers. help grow our economy. cluding the trust fund balance), and fair and
AGC appreciates that the bill will help en- equitable allocations, will ensure that this
AMERICAN ASSOCIATION sure that the U.S. Army Corps of Engineers
OF PORT AUTHORITES, important funding is used to enhance our na-
(Corps) Civil Works Program is appro- tion’s competitiveness.
July 15, 2020. priately responsive to the water resources
Hon. PETER DEFAZIO, needs identified by local communities. Spe- Language in the recently passed CARES
Chairman, House Committee on Transportation cifically, the bill authorizes more than 30 Act includes ‘‘full-spend’’ to be implemented
and Infrastructure, Washington, DC. pending Corps Chief’s Reports, which will fa- with either the passage of WRDA reauthor-
Hon. SAM GRAVES, cilitate important water resources projects ization or in January 2021. This makes ad-
Ranking Member, House Committee on Trans- across the country, authorizes dozens of new dressing donor equity and expanded uses ex-
portation and Infrastructure, Washington, feasibility studies, and expedites the comple- tremely urgent and I am grateful for your
dlhill on DSK120RN23PROD with HOUSE
DC. tion of many existing feasibility studies. In work to address these vital issues and am
Re Water Resources Development Act of addition, AGC supports the provisions of happy to express my strong support for this
2020. H.R. 7575 that ensure funds from the Harbor bi-partisan legislation.
DEAR CHAIRMAN DEFAZIO AND RANKING Maintenance Trust Fund go towards their in- We applaud your efforts to address this
MEMBER GRAVES: The American Association tended uses, extend a pilot program that al- vital infrastructure need and hope to work
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July 29, 2020 CONGRESSIONAL RECORD — HOUSE H3955
with you as this bill moves forward to ad- Development Act (WRDA) of 2020. Reauthor- WRDA 2020 SUPPORT LIST
dress the unique requirements of our na- ization of America’s water resources pro- American Shore and Beach Preservation
tion’s ports. grams is critical to economic growth and en- Association, Agricultural Working Group,
Sincerely, vironmental stewardship, and we support American Association of Port Authorities
EUGENE D. SEROKA, this legislation. (AAPA), American Society of Civil Engi-
Executive Director. WRDA would ensure the viability of the
neers, Associated General Contractors of
U.S. Army Corps of Engineers’ Civil Works
America (AGC), Association of California
[From the National Wildlife Federation, programs including navigation, flood risk
Water Agencies, Association of Marina In-
July 15, 2020] management, recreation, and associated en-
vironmental infrastructure. Enactment of dustries, BOAT US, Earthjustice, Future
WATER RESOURCES DEVELOPMENT ACT Ports, Great Lakes Metro Chambers Coali-
this bill would provide critical economic and
INCLUDES WINS FOR WILDLIFE, COMMUNITIES tion (GLMCC), Healing Our Waters-Great
environmental benefits to the United States.
WASHINGTON, DC—The Water Resources Reauthorizing these programs prior to Lakes Coalition, Laborers International
Development Act of 2020, which is being their September 30 expiration would provide Union of North America (LIUNA), Lake Car-
marked up by the House Transportation and the certainty of federal commitment needed riers’ Association, Marine Retailers Associa-
Infrastructure Committee, includes numer- to allow state, local, and private partners to tion of America.
ous provisions to advance ecosystem restora- move forward with needed planning and con- National Association of Counties (NACo),
tion and strengthen climate resilience. The struction of modern, resilient infrastructure. National Audubon Society, National Grain
Senate Environment and Public Works Com- These important water projects would bring and Feed Association, National Marine Man-
mittee reported out a related bill, America’s economic benefits to both rural and urban ufacturers Association, National Parks Con-
Water Infrastructure Act of 2020, earlier this regions. servation Association (NPCA), National
year. The Chamber also applauds the inclusion Water Supply Alliance, National Wildlife
‘‘Nature has long been an underutilized of 34 new project authorizations, additional Federation (NWF), Port of Los Angeles, Re-
tool in the Army Corps’ toolbox. This bill provisions to ensure modern, resilient infra- sources Legacy Fund/Open Rivers Fund, Rise
takes important steps to remedy this, with a structure, improvements in water supply de- to Resilience and Waterfront Alliance, Theo-
suite of reforms that remove barriers to livery, and increased investment from the dore Roosevelt Conservation Partnership,
using healthy rivers, floodplains, wetlands Harbor Maintenance Trust Fund, a long-time The Nature Conservancy, U.S. Chamber of
and shorelines to protect communities from priority of both your Committee and the Commerce, Waterways Council, Inc.
hurricanes and floods,’’ said Melissa Samet, Chamber. Mr. DEFAZIO. Mr. Speaker, I yield 2
senior water resources counsel at the Na- With less than three months until the cur- minutes to the gentleman from Illinois
tional Wildlife Federation. ‘‘The National rent authorization expires, the Chamber is
pleased that House leadership anticipates (Mr. GARCÍA), who is a member of the
Wildlife Federation is grateful for the strong
floor consideration of the bill later this committee.
leadership of Chairman DeFazio, Sub-
committee Chair Napolitano, Ranking Mem- month. We appreciate your Committee mov- Mr. GARCÍA of Illinois. Mr. Speaker,
ber Sam Graves and Subcommittee Ranking ing promptly to ensure timely action on I rise in support of the Water Re-
Member Westerman for their bipartisan ef- these critical issues. sources Development Act of 2020 and
forts to advance important provisions to pro- Sincerely, commend the leadership of Chairman
tect frontline communities and vital eco- NEIL L. BRADLEY. DEFAZIO and Subcommittee on Water
systems including the Everglades, Mis- Resources and Environment Chair
sissippi River Delta, and Great Lakes.’’ WATERWAYS COUNCIL, INC.,
Washington, DC, July 28, 2020. NAPOLITANO.
The National Wildlife Federation supports
many important provisions of this bill, in- Hon. PETER DEFAZIO, I hail from Chicago and the Nation’s
cluding: Chairman, Committee on Transportation and Gold Coast along Lake Michigan, and
Provisions that remove barriers to, and Infrastructure, House of Representatives, we know how important a healthy
drive use of natural infrastructure, including Washington, DC. Great Lakes system is. Lake Michigan
by ensuring that natural infrastructure solu- Hon. SAM GRAVES, is not only Chicago’s primary drinking
tions will benefit from the same cost-share Ranking Member, Committee on Transportation
and Infrastructure, House of Representa-
water source, it is part of the largest
requirements as non-structural measures. freshwater source in the world—our be-
Careful evaluation of natural infrastruc- tives, Washington, DC.
ture solutions to protect communities from DEAR CHAIRMAN DEFAZIO AND RANKING loved Great Lakes.
storms and floods, including a robust pilot MEMBER GRAVES: The members of Waterways Lake Michigan is a tremendous rec-
program that provides full federal funding Council, Inc. (WCI) thank you for your lead- reational resource and economic asset,
for flood and storm risk reduction studies for ership and commitment to the Water Re- and it needs to be protected. This legis-
sources and Development Act (WRDA) bien-
economically disadvantaged communities lation authorizes projects important to
and ensures robust evaluation of natural in- nial process.
America’s inland waterways system in- my constituents.
frastructure solutions. First, the Brandon Road Lock and
cludes 12,000 miles of commercially operated
Implementation of the Water Resources
and maintained navigable channels that di- Dam project must be completed to pre-
Principles, Requirements and Guidelines
rectly affect 38 states. The inland waterways vent Asian carp, an invasive species,
(PR&G) by the Corps, including fully engag-
system is tasked with transporting the na- from migrating into Lake Michigan.
ing the public in that effort. Effective imple-
tion’s bulk commodities that keep America
mentation of the PR&G will bring the Corps’ We must also restore Bubbly Creek, a
competitive in the most energy-efficient and
water resources planning process in line with environmentally friendly way. In 2016, 558 degraded waterway that was polluted
21st Century water resources management million tons of commodities valued at $300 by Chicago’s meatpacking industry in
principles, and improve water resources billion transited the waterways, supporting the early 1900s and made famous by
planning across the board. 541,000 American jobs. Upton Sinclair’s ‘‘The Jungle.’’ Restor-
Comprehensive review of the Corps’ miti- WCI thanks you for Section 108. This sec-
gation record by the Government Account-
ing the waterway will create a healthy
tion adjusts the cost-share formula for the ecosystem and benefit neighborhoods
ability Office. Ensuring full compliance with construction and major rehabilitation of in-
mitigation requirements is critical for fish land waterways navigation projects from the
like McKinley Park, Bridgeport, and
and wildlife and for the communities and current 50 percent general revenue and 50 Pilsen.
economies that rely on these vital resources. percent Inland Waterways Trust Fund Managing storm water systems can
(IWTF) to 65 percent general revenue and 35 be challenging in Chicago because it is
CHAMBER OF COMMERCE OF THE percent IWTF for seven years. The policy is heavily urbanized. This bill promotes
UNITED STATES OF AMERICA, a step in the right direction and will help ex- more natural infrastructure and stud-
July 14, 2020. pedite the completion of inland waterways
Hon. PETER DEFAZIO,
ies for Chicago area rivers and the
construction and major rehabilitation
Chairman, Committee on Transportation and projects during the applicable years. WCI
Great Lakes river basins to make sure
Infrastructure, House of Representatives, looks forward to working with the Com- future projects preserve our drinking
Washington, DC. mittee as they proceed to conference on water, protect people’s homes and busi-
Hon. SAM GRAVES, making the cost-share permanent. nesses from flooding, and restore our
Ranking Member, Committee on Transportation Passing this legislation in regular order is environment so that all communities
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and Infrastructure, House of Representa- critical to ensuring waterways reliability in benefit from our rivers and Great
tives, Washington, DC. order to keep America competitive. WCI of-
Lakes.
DEAR CHAIRMAN DEFAZIO AND RANKING fers its support of passing WRDA 2020.
MEMBER GRAVES: The U.S. Chamber of Com- Sincerely, I am proud of the bipartisan effort
merce applauds the bipartisan approach TRACY ZEA, developing and passing this legislation
taken by your Committee in advance of to- President and CEO, through the Transportation and Infra-
morrow’s markup of the Water Resources Waterways Council, Inc. structure Committee.
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H3956 CONGRESSIONAL RECORD — HOUSE July 29, 2020
I also want to give a shout-out to my Texas (Mr. BABIN). Together, we led a important language to help prevent a
incredible Brookings Institution fel- big group of Members from both parties public health crisis at the Salton Sea,
low, Christine Gallagher, who has done in support of a better way to fund these California’s largest lake, which is in
tremendous work for my office on locks and dams. my district.
transportation and water issues. This I especially want to thank Chairman The Salton Sea’s shoreline is rapidly
is her last week before she returns to DEFAZIO and Ranking Member GRAVES, receding, exposing thousands of acres
the National Oceanic and Atmospheric who agreed. Now we have a better of lake bed and sending dust loaded
Administration, and I congratulate chance to rebuild the locks and dams with selenium and pesticides into the
her. and to deliver on the promise we made air and into the lungs of residents in
Mr. GRAVES of Missouri. Mr. Speak- to the American people. my district.
er, I yield 1 minute to the gentleman Mr. GRAVES of Missouri. Mr. Speak- My provision will authorize the
from Florida (Mr. MAST). er, I yield 2 minutes to the gentleman Army Corps of Engineers to take the
Mr. MAST. Mr. Speaker, I rise also, from Louisiana (Mr. GRAVES), who is next steps and study the construction
today, in support of the Water Re- the ranking member of the Aviation of a northern perimeter lake project at
sources and Development Act of 2020. Subcommittee. the sea, which is the next major
This piece of legislation is a top pri- Mr. GRAVES of Louisiana. Mr. project under the State of California’s
ority for my constituents in south Speaker, first of all, I want to com- Salton Sea Management Program, and
Florida on the Treasure Coast because mend Republicans and Democrats for it will strengthen the Federal-State
it is critical to our public health, our coming together. This bill is a bipar- partnership.
environment, and our economy. tisan bill. It doesn’t mean it is perfect, Later this week, we will pass the En-
Now, I am smiling because this legis- but it means that we all came together ergy and Water Development appro-
lation includes a number of provisions and we worked together to ensure that priations bill, which contains another
that I was proud to write to protect we are advancing our Nation’s water one of my provisions which will
Florida’s waterways, including accel- resources. prioritize the Army Corps’ efforts at
Mr. Speaker, this bill does every- the Salton Sea.
erating construction of the EAA res-
thing from ecological restoration, to I would like to thank Chairman
ervoir, reducing discharges from Lake
our navigation channels, to flood con- DEFAZIO, Congressman VARGAS, and
Okeechobee to the St. Lucie Estuary,
trol, to hurricane protection. Congresswoman NAPOLITANO for their
and to combat harmful algal blooms— This is about the resilience and sus-
all yeomen’s work. partnership on this pressing and impor-
tainability of our community and the
Now, demanding that the Army tant issue, and I urge support for this
resilience and sustainability of our
Corps of Engineers must seek to reduce legislation.
ecosystem and our economy. These are
discharges into our coastal estuaries is Mr. GRAVES of Missouri. Mr. Speak-
projects that we need to be working to-
a huge victory that everybody in our er, I yield 2 minutes to the gentleman
gether on.
community should be proud of. I want to thank my friend, the chair- from Illinois (Mr. RODNEY DAVIS), who
However, I ask my colleagues this: If man, Mr. DEFAZIO; the ranking mem- is the ranking member on the High-
their constituents were being, literally, ber, SAM GRAVES; as well as the sub- ways and Transit Subcommittee.
poisoned by the Federal Government, committee—friends—chairman and Mr. RODNEY DAVIS of Illinois. Mr.
would they fight for anything less than ranking member, GRACE NAPOLITANO Speaker, I thank Ranking Member
a complete stop to that poisoning? and BRUCE WESTERMAN. GRAVES for his leadership on this issue
That is why I am going to continue Mr. Speaker, this bill advances im- and also the ranking member of the
to be in this fight with everything that portant priorities like ensuring section Water Resources and Environment
I have got, build on this momentum to 1043 can be expanded to allow our State Subcommittee, a good friend, Mr.
eliminate all toxic discharges into my and non-Federal sponsors to be a part- WESTERMAN, along with Chairman
community and send more water south ner with the Corps of Engineers—a true DEFAZIO and Chair NAPOLITANO of the
into Florida’s Everglades. partner—and lead some sections of the Water Resources and Environment
Mr. DEFAZIO. Mr. Speaker, I yield 1 projects; allowing our continuing au- Subcommittee.
minute to the gentleman from Penn- thorities programs to be expanded; in- This is a great day. This is a continu-
sylvania (Mr. LAMB), who is a member corporating tools like natural infra- ation of what was started in 2014 under
of the committee and who was key in structure into the toolbox of achieving Chairman Shuster at the time, and it
getting the additional investments in these objectives that we all share; en- was with bipartisan success that we
the inland waterways. suring that we attack—and I want to began getting the water resource devel-
Mr. LAMB. Mr. Speaker, others be- thank my friend from Florida (Mr. opment bills passed on a 2-year basis.
fore me have said why it matters that MAST) for leading on this—the harmful This is another shining example of
we have working locks and dams. It algal blooms off the coast of Louisiana, what bipartisan work can do. We are
has always mattered. which I represent, largest dead zone in here to talk about the successes of au-
The United States has more miles of this Nation on a national basis; and thorizing all of the Corps of Engineers’
navigable rivers, lakes, and canals than importantly, ensuring that we main- programs, which is extremely impor-
anywhere else in the world. It made us tain and take a different sustainable tant to my district, which is sur-
who we are as a nation. We could move approach to the authorized depth of the rounded by the inland waterway sys-
iron ore to make steel faster, cheaper, Mississippi River system, which is tem.
and easier than all of our competitors America’s commerce superhighway, If we don’t do our job in this institu-
because of our water, but especially be- connecting 31 States with the least ex- tion in the Transportation and Infra-
cause of our locks and dams that con- pensive and lowest emissions form of structure Committee to pass a Water
trol the water. So we need to fix them, transportation; putting shipments on Resources Development Act on a bian-
and this bill will help. barges and on oceangoing vessels so nual basis, then what happens is we put
I hope that America will take note of America can compete globally with the the effectiveness of our farmers and
something else here today, which is great products that we develop here. our manufacturers from getting their
that this Congress still works. It might Mr. Speaker, I want to thank all the products from their manufacturing fa-
not be as well as people would want great staff who worked on this, includ- cilities or their fields into the inland
every single day, but this is a major ing Ian Bennitt, Victor Sarmiento, waterway system and out into the
bill. This is a major infrastructure bill, Ryan Seiger, Maggie Ayrea, Paul Saw- global marketplace in a cost-effective
and this is a major infrastructure bill yer, and all the folks who helped put way and in a way that is going to allow
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that has been bipartisan from the very this bill together. I urge adoption. them to continue to provide jobs in my
beginning and, hopefully, will end bi- Mr. DEFAZIO. Mr. Speaker, I yield 1 district.
partisan when our friends in the Senate minute to the gentleman from Cali- One aspect of this bill I am particu-
work with us to get this done. fornia (Mr. RUIZ). larly grateful for is the cost share ad-
I want to give a special thanks to my Mr. RUIZ. Mr. Speaker, the Water justment in the Inland Waterways
Republican friend and colleague from Resources Development Act contains Trust Fund. This is a big deal for us to
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July 29, 2020 CONGRESSIONAL RECORD — HOUSE H3957
upgrade our antiquated lock and dam flooding last year. These floods ravaged This bill turns years of advocacy to
system along the Illinois and Mis- farmland, destroyed essential infra- dredge, widen, and improve two-way
sissippi Rivers. This is a success story. structure, like highways, water treat- traffic on the Houston Ship Channel
I thank Chairman DEFAZIO and ment plants, and levees that had with- into real results. This will allow for a
Ranking Member GRAVES. I do also stood the test of time for decades. The more efficient, safe, and productive wa-
want to thank the staff of the Trans- Army Corps of Engineers has worked terway for all. But I also recognize
portation and Infrastructure com- within their authority to address these that there is still much work to be
mittee. They worked hard. All of them water management issues around our done. It is not an exaggeration to say
deserve a round of thanks, and I appre- State; however, they have not been that by spending $1 million today on
ciate the efforts on not just this bill, able to address every concern. hurricane and flood prevention infra-
but every other piece of legislation I appreciate the chairman and rank- structure, we can save a billion dollars
that goes through that great com- ing member working with me to ensure in damages down the road from an-
mittee. inactive levees have an opportunity to other storm like Hurricane Harvey,
Mr. Speaker, I urge a ‘‘yes’’ vote on receive assistance from the Army which dumped 60 inches of rain on my
this bill, and I am glad to see the proc- Corps of Engineers if they meet certain district—a North American rainfall
ess is working today. criteria. Peru, Nebraska, is one of the record, by the way.
many communities that could be Thankfully, this bill contains numer-
b 1445
helped by this legislative language. ous provisions for me and my col-
Mr. DEFAZIO. Mr. Speaker, I yield 2 Mr. Speaker, again, I urge my col- leagues on both sides of the aisle that
minutes to the gentlewoman from Cali- leagues to vote ‘‘yes’’ on this bipar- work to address these critical needs. It
fornia (Ms. BARRAGÁN). tisan bill. is a great honor to serve the people of
Ms. BARRAGÁN. Mr. Speaker, I Mr. DEFAZIO. Mr. Speaker, I yield 1 Southeast Texas in Congress in pro-
thank Chairman DEFAZIO for working minute to the gentleman from Texas ducing legislation like this
in a bipartisan manner, and sub- (Mr. CUELLAR). bipartisanly—one of the biggest rea-
committee Chairwoman NAPOLITANO, Mr. CUELLAR. Mr. Speaker, I thank sons why.
to make sure this bill got through on a Chairman DEFAZIO and Ranking Mem- Mr. Speaker, I again thank the bipar-
bipartisan basis. ber GRAVES and their staff for the won- tisan work of the chairman, the rank-
Mr. Speaker, I am proud that two derful work that they did for putting ing member, and also the staff and the
policy changes that I led the fight for this bipartisan bill together, and also subcommittee chair.
have been included in this legislation. Chairwoman GRACE NAPOLITANO. Mr. DEFAZIO. Mr. Speaker, I yield 1
Flooding disproportionately impacts Mr. Speaker, for the last 14 years, I minute to the gentlewoman from
low-economic communities and people have been working in Congress to advo- Washington State (Ms. SCHRIER).
of color. cate for the full authorized funding of Ms. SCHRIER. Mr. Speaker, I thank
Mr. Speaker, 18 months ago, a severe Laredo, Texas’ Chacon Creek Restora- the chairman for yielding.
storm in my district flooded the streets tion Project. Mr. Speaker, in Washington State,
of Compton and shut down parts of the The Army Corps now, once we get we are blessed with an abundance of
710 freeway. Many communities lack this done, can carry out the flood risk rivers and lakes that support fish and
the money to pay for studies to plan management and ecosystem project to- wildlife. Right now, projects like modi-
and develop projects that can reduce taling about $52 million. The flood fying tide gates and restoring or recon-
damage from flooding and storms. As mitigation component will evacuate necting floodplains and wetlands are
part of a new program funded by this 250 homes from the floodplain, from not getting the priority they need to
bill, the Federal Government will now Lake Casa Blanca all the way down to protect these important ecosystems.
cover 100 percent of the cost of these the Rio Grande along the Chacon I am so pleased that the bill I intro-
studies for a select number of disadvan- Creek. duced with Congressman RICK LARSEN
taged communities. This ecosystem restoration compo- was included in WRDA. By prioritizing
This bill also makes it less costly for nent will also include 417 acres of wet- rivers with the greatest chance of re-
communities to restore nature in ways land and riparian restoration. This is a covery, we have the best shot at pro-
that will reduce the risk of flooding natural treasure that we have in La- tecting these waterways and achieving
and help provide cleaner air and water. redo, Texas, and it will provide hun- the largest return on our investments.
For example, it will be easier to re- dreds of acres of new recreational and Healthy rivers mean clean water for
store areas where water covers the soil, educational parklands. fish, wildlife, and communities, and
known as wetlands, such as the Mr. Speaker, the Chacon Creek is a healthy salmon runs help us meet our
Dominguez Gap Wetlands along the Los tremendous natural resource in La- treaty rights obligations, ensure thriv-
Angeles River. Or we can more easily redo, and I thank the ranking member ing local economies and recreational
afford planting street trees and trees in and committee staff for doing this opportunities, and protect our endan-
local parks to absorb flood water, cool great work. gered salmon and orca populations.
the community, and clean the air. Mr. GRAVES of Missouri. Mr. Speak- Mr. GRAVES of Missouri. Mr. Speak-
In short, this bill will make our com- er, I yield 11⁄2 minutes to the gentleman er, I yield 2 minutes to the gentle-
munities stronger, built to last, and from Texas (Mr. BABIN). woman from West Virginia (Mrs. MIL-
better prepared for the future. Mr. BABIN. Mr. Speaker, I thank LER).
Mr. Speaker, I urge a ‘‘yes’’ vote on Ranking Member GRAVES and Chair- Mrs. MILLER. Mr. Speaker, I thank
the Water Resources Development Act man DEFAZIO. Chairman DEFAZIO and Ranking Mem-
of 2020. Mr. Speaker, Southeast Texas is the ber GRAVES.
Mr. GRAVES of Missouri. Mr. Speak- global leader in creating reliable, af- Mr. Speaker, I rise today in support
er, I yield 1 minute to the gentleman fordable energy that powers America of this year’s bipartisan Water Re-
from Nebraska (Mr. SMITH). and, quite frankly, much of the world. sources Development Act.
Mr. SMITH of Nebraska. Mr. Speak- But we can’t do that without modern- Our country was built on an elabo-
er, I appreciate the gentleman yielding izing and improving our water infra- rate system of inland waterways, ports,
me time. structure, which it is my honor to have and harbors to facilitate trade and
Mr. Speaker, I rise today to support achieved in this bill for the people of transportation. And nearly every com-
the Water Resources Development Act the 36th Congressional District of munity in our country relies on open
of 2020. I appreciate the Committee on Texas, and by extension, all American waterways to move their products.
Transportation and Infrastructure families. My district is no exception. We are
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bringing us a strong bipartisan prod- My district has four ports, including home to the Port of Huntington Tri-
uct, of which you have heard. This the main port terminal of the Port of State on the Ohio River. This inter-
meets the water management needs Houston. The Houston Ship Channel is connected water system creates jobs
across our country. the busiest U.S. deep-draft waterway, and ensures that Appalachia remains a
The Third District of Nebraska was and it is the top exporting port in the competitive region of economic
heavily impacted by unprecedented Nation. growth.
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H3958 CONGRESSIONAL RECORD — HOUSE July 29, 2020
As we rethink and reform America’s ty, are often forced to boil water be- Mr. Speaker, the most disadvantaged
supply chains post-COVID, we must cause lines are failing, and believe it or persons are the ones that suffer the
continue to open, update, and mod- not, we are still finding straight pipes most. I am grateful for this bill, and I
ernize key water infrastructure to dumping raw sewage into some of our ask support for this legislation.
maintain safety and efficiency. WRDA beautiful streams. Mr. Speaker, I rise in strong and enthusi-
investments secure this mission. Thanks to Section 531, some 35,000 astic support of H.R. 7575, the Water Re-
WRDA also delivers protection from families in Southern and Eastern Ken- sources Development Act for 2020, which
hurricanes and flooding. In my district tucky now have their own septic sys- strengthens America’s competitive edge by in-
in southern West Virginia, we saw dis- tem or access to a reliable wastewater vesting in our ports, harbors and inland water-
aster strike in 2016 when our dams system, and over 90 percent of my rural ways, builds more resilient communities, and
overflowed, and our rivers tore through region now has access to clean water. creates additional flexibility for the Corps to
many vibrant communities. As we re- But it should be 100 percent in every address the water resources needs of eco-
cover and rebuild, we must also prepare part of America. Anything less is nomically disadvantaged communities, com-
for the future. shameful. And that is why this funding munities of color, and rural communities.
If we pass this bill, we can double the increase and this bill are so critical. I thank Congressman DEFAZIO and Con-
funding for flood protection in central Mr. Speaker, I thank the ranking gressman GRAVES of Missouri, the Chair and
West Virginia and triple the funding in member, Mr. GRAVES, and Chairman Ranking Member of the Committee on Trans-
southern West Virginia. The vast ma- DEFAZIO for bringing a great bill out, portation and Infrastructue, and Congress-
jority of American communities lie and I urge its support. woman NAPOLITANO and Congressman
along key U.S. waterways. And while I Mr. DEFAZIO. Mr. Speaker, I yield 2
WESTERMAN, the Water Development Re-
minutes to the gentlewoman from
work for my district, countless others sources Subcommittee Chair and Ranking
Texas (Ms. JACKSON LEE).
will also see increased protections. Member, respectively, for their work in shep-
Ms. JACKSON LEE. Mr. Speaker, I
Mr. Speaker, for the good of our herding this important bipartisan legislation to
thank Chairman DEFAZIO and Ranking
country, I implore my colleagues to the floor.
Member GRAVES for answering the plea
vote ‘‘yes.’’ Mr. Speaker, I support this bipartisan legis-
of so many of us in relation to our dis-
Mr. DEFAZIO. Mr. Speaker, I yield 1 lation because it:
tricts. I thank subcommittee chair-
minute to the gentleman from Cali- 1. Authorizes the Houston Ship Channel Ex-
woman, Mrs. NAPOLITANO, and Ranking
fornia (Mr. PANETTA). pansion Channel Improvement Project, the
Mr. PANETTA. Mr. Speaker, I thank Member WESTERMAN.
Mr. Speaker, I am glad for all these federal contribution to which is approximately
the chairman and the ranking member. $463 million.
years I have been working on issues
Mr. Speaker, I rise today in support 2. Authorizes the construction of all 34
dealing collectively with our Houston
of the 2020 Water Resources Develop- pending Corps Chief’s Reports received since
port or bayous and the flooding crisis
ment Act, a bill that includes language the enactment of WRDA 2018.
that we have in Houston, Texas, Harris
that I fought for to ensure that the 3. Authorizes 35 feasibility studies for water
County.
Federal Government not just supports I am glad that this legislation au- resources development projects, those identi-
and funds flood control projects, but thorizes the Houston Ship Channel Ex- fied through the public review process estab-
also supports those projects in eco- pansion Improvement Project, part of lished by section 7001 of the Water Re-
nomically disadvantaged communities. my district, the Federal contribution sources Reform and Development Act of
For too long, the Army Corps has re- 2014.
to which is approximately $463 million.
lied on an outdated metric when mak- 4. Directs the Corps to expedite the comple-
I remember standing at the edge of our
ing decisions whether or not to invest. tion of 41 feasibility studies currently under-
port looking at the mud collecting and
Unfortunately, it is a metric that way, including the Houston Regional Water-
impeding the going and coming of
doesn’t always capture the project’s shed Assessment Flood Risk Management
those vessels.
full value, including the potential loss It authorizes the construction of all Feasibility study, which is certainly needed
of valuable agricultural land, like that 34 pending Corps Chief’s Reports re- given the frequency and severity of historic-
in the Pajaro Valley in my district on ceived since the enactment of WRDA; level flood events in recent years in and
the central coast of California. Authorizes 35 feasibility studies for around the Houston metropolitan area.
Mr. Speaker, I have to say, though, water resources development projects; 5. Fully unlocks the approximately $10 bil-
with continued pressure by me and And directs the Corps, which we have lion currently held in the Harbor Maintenance
many other stakeholders, I am proud worked with, to expedite the comple- Trust Fund (HMTF) by providing the authority
that the 2020 WRDA contains language tion of 41 feasibility studies currently to appropriate additional funds for harbor
that directs the Army Corps when they underway, including the Houston Re- maintenance needs from the existing balance
re-scope projects to take into account gional Watershed Assessment, Flood in the Trust Fund.
non-Federal interests, especially in Risk Management feasibility study, Mr. Speaker, these water development
economically disadvantaged commu- which I have introduced over and over projects managed by the U.S. Army Corps of
nities. again. It is now going to move. Engineers in consultation with local partners
Mr. Speaker, I thank the chair and It fully unlocks the approximately are key to preserving our Nation’s economy,
ranking member for their leadership on $10 billion currently held in the Harbor to protecting our communities, and to main-
WRDA, and I look forward to working Maintenance Trust Fund. taining our quality of life.
with them to reach a final compromise It helps bayous in my district, The Army Corps of Engineers has been
with the Senate that maintains this Greens Bayou, White Oak Bayou, Hunt- working with the Harris County Flood Control
language to properly invest in all com- ing Bayou; and, of course, it recognizes District since 1937 to reduce the risk of flood-
munities, not just to save money, but that Hurricane Harvey—we had 21 tril- ing within Harris County.
to save lives. lion gallons of water, losing housing, Current projects include 6 federal flood risk
Mr. GRAVES of Missouri. Mr. Speak- 203,000 homes were damaged and 12,700 management projects:
er, I yield 2 minutes to the gentleman were destroyed. 1. Sims Bayou;
from Kentucky (Mr. ROGERS). Finally, what is so important, the 2. Greens Bayou;
Mr. ROGERS of Kentucky. Mr. bill directs the secretary to issue final 3. Brays Bayou;
Speaker, I thank Chairman DEFAZIO agency procedures for its Principles, 4. White Oak Bayou;
and Ranking Member GRAVES for in- Requirements, and Guidelines to en- 5. Hunting Bayou; and
cluding my request to fund Section 531, sure that future water resources devel- 6. Clear Creek.
the program for Southern and Eastern opment projects will maximize sustain- In addition to these ongoing projects, the
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Kentucky. able development and affordably ad- Army Corps of Engineers operates and main-
In the region that I serve, we are still dress the needs of economically dis- tains the Addicks and Barker (A&B) Detention
fighting for clean water and reliable advantaged communities. Dams in northwest Harris County.
wastewater systems for our families, The bill authorizes the Corps to Mr. Speaker, I strongly support this legisla-
our schools, and our businesses. Many study, design, and construct water re- tion because it is essential in minimizing the
of our folks, like those in Martin Coun- sources. risk of flood damage to Houston and Harris
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July 29, 2020 CONGRESSIONAL RECORD — HOUSE H3959
County metropolitan area, the nation’s fourth for communities that have been subjected to Long Island and across the country,
largest, is a matter of national significance be- repetitive flooding events and have received and I urge my colleagues to support
cause the region is one of the Nation’s major emergency flood assistance, including con- this legislation.
technology, energy, finance, export and med- struction of temporary barriers. Mr. DEFAZIO. Mr. Speaker, I reserve
ical centers: This authority will help repetitive loss com- the balance of my time.
1. The Port of Houston is the largest bulk munities, especially those in economically-dis- Mr. GRAVES of Missouri. Mr. Speak-
port in the world; advantaged communities, obtain critical flood er, I yield 1 minute to the gentleman
2. Texas Medical Center is a world re- protection. from Ohio (Mr. GONZALEZ).
nowned teaching, research and treatment cen- The legislation requires the Corps to under- Mr. GONZALEZ of Ohio. Mr. Speak-
ter; take an inventory of water resources develop- er, I would like to thank Chairman
3. Houston is home to the largest conglom- ment projects and associated properties that DEFAZIO and Ranking Member GRAVES
eration of foreign bank representation and are or may be contaminated with PFAS, and for the opportunity to briefly speak on
second only to New York City as home to the to develop a plan to remediate and limit poten- the bipartisan 2020 Water Resources
most Fortune 500 companies; and tial human exposure to the contamination. Development Act.
4. The Houston Watershed Assessment The bill requires the Corps to complete its I am pleased that this bill includes
study area sits within major Hurricane Evacu- review on minority community and tribal con- my legislation, the Tuscarawas River
ation arteries for the larger Galveston Gulf sultation, as well as update Corps’ policies on Flooding Study Act, which authorizes
Coast region. environmental justice considerations and com- the U.S. Army Corps of Engineers to
At its peak on September 1, 2017, one-third munity engagement and consultation. conduct a comprehensive feasibility
of Houston was underwater due to Hurricane Finally, the legislation authorizes and cre- study on the Tuscarawas River water-
Harvey flooding. ates additional flexibility for the Corps to ad- shed.
There were over 41,500 square miles of dress the water resources needs of economi- Northeast Ohio is justifiably proud of
land mass impacted by Hurricane Harvey and cally disadvantaged communities, communities our historical heritage regarding the
the subsequent flooding that covered an area of color, and rural communities, such as au- Ohio and Erie Canal. From the Portage
larger than the States of Connecticut, Massa- thorizing the Corps of Engineers to provide Lakes to Canal Fulton, this heritage is
chusetts, New Hampshire, Rhode Island and technical assistance for resiliency planning, embedded throughout my district.
Vermont combined. with priority given to economically disadvan- However, this legacy also means that
Hurricane Harvey dropped 21 trillion gallons taged communities. cities and villages often encounter re-
of rainfall on Texas and Louisiana, most of it I urge all Members to join me in voting for curring flooding events because of the
on the Houston Metroplex. H.R. 7575, the bipartisan Water Resources historical building patterns from the
In September 2017, NASA’s Jet Propulsion Development Act of 2020. 19th century.
Laboratory reported that Hurricane Harvey’s b 1500 Just last summer, southwest Summit
rainfall created 275 trillion pounds of water, Mr. GRAVES of Missouri. Mr. Speak- County saw significant flooding
which caused the crust in and around Houston er, may I inquire as to the remaining throughout the Tuscarawas River
to deform and sink nearly 1 inch because of time? basin. This study will serve as a first
the weight. The SPEAKER pro tempore. The gen- step toward beginning to find solutions
Over 300,000 structures flooded in south- tleman from Missouri has 121⁄2 minutes to address these challenges.
eastern Texas, where extreme rainfall hit remaining. The gentleman from Oregon I would like to thank the Huntington
many areas that are densely populated. has 10 minutes remaining. District of the Army Corps for their ex-
Hurricane Harvey is the largest housing dis- Mr. GRAVES of Missouri. Mr. Speak- tensive work with my office on this
aster to strike the U.S. in our Nation’s history. er, I yield 11⁄2 minutes to the gentleman issue and Muskingum Watershed Con-
Hurricane Harvey damaged 203,000 homes, from New York (Mr. ZELDIN). servancy District for their knowledge
of which 12,700 were destroyed. Mr. ZELDIN. Mr. Speaker, I have the and guidance.
Texas flood control districts are still strug- honor of representing the First Con- I urge my colleagues to support this
gling to recover from this record breaking flood gressional District of New York, lo- legislation.
event. cated on the East End of Long Island, Mr. DEFAZIO. Mr. Speaker, I reserve
Nineteen trillion gallons of flood waters a district almost completely sur- the balance of my time.
poured into the Houston Ship Channel from rounded by water. We were hit really Mr. GRAVES of Missouri. Mr. Speak-
area rivers and bayous on the way to the Gulf hard by Superstorm Sandy, and the er, I yield 1 minute to the gentleman
of Mexico. widespread devastation emphasized the from Georgia (Mr. ALLEN).
As a consequence, tens of millions of tons dire need to ensure our communities Mr. ALLEN. Mr. Speaker, I rise
of sediment and debris flowed through the big- were better prepared for the future. today to highlight an issue in my dis-
gest waterway in the nation. Working hard with my colleagues on trict that I have been working tire-
The Port of Houston produces 27 percent of both sides of the aisle, Colonel Thomas lessly on, and that is to preserve the
the nation’s gasoline and about 60 percent of Asbery of the Army Corps, and their pool at the New Savannah Bluff Lock
the U.S. aviation fuel. entire hardworking team, this bill and Dam.
Investments in all aspects of our Nation’s prioritizes local projects that are vital I am extremely disappointed this leg-
water infrastructure pays dividends in the form to my congressional district. islation was brought before the House
of economic activity. That includes the Fire Island to with no opportunity to amend the bill
The Houston Ship Channel generates $617 Montauk Point project, which includes before negotiations began with the
billion in the U.S. with $265 billion of that in essential dredging and shoreline Senate.
Texas representing 16 percent of the state of projects over 83 miles of coastline. The lock and dam, and the pool it
Texas’s GDP. Coastal storm risk management for creates, is critical to the Augusta com-
The Port of Houston sustains 2.7 million Hashamomuck Cove in Southold is in- munity and is utilized for municipal
jobs nationally with 1.2 million of them within cluded, where right now local resi- and industrial water supply as well as
the state of Texas. dents, businesses, and first responders recreation.
Mr. Speaker, let me list a few of the provi- are paralyzed even during a severe The Corps of Engineers recently se-
sions in this bill that will benefit my commu- thunderstorm. lected a rock weir as an alternative to
nities I represent. Equally as important, this legisla- replace the lock and dam, a design that
The bill directs the Secretary to issue final tion continues to build on these vic- drops the pool level and was dem-
agency procedures for its Principles, Require- tories, jump-starting movement on onstrated last year with disastrous re-
ments, and Guidelines (PR&G) to ensure that projects at Reel Point Reserve and sults. Not only does this plan not meet
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future water resources development projects Shelter Island, Goldsmith’s Inlet in the requirements of the WIIN Act, but
will maximize sustainable development and Southold, and Wading River Creek in local stakeholders have expressed seri-
affordably address the needs of economically Riverhead through authorizing feasi- ous concerns with the Corps of Engi-
disadvantaged communities. bility studies. neers’ proposal. This option does not
The bill authorizes the Corps to study, de- The Water Resources Development meet the intent of Congress and main-
sign and construct water resources projects Act is great news for our shorelines on tain the pool.
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H3960 CONGRESSIONAL RECORD — HOUSE July 29, 2020
Moving forward with the rock weir is Sass, Jack Ruddy, Corey Cooke, Tara committee; Camille Touton; Alexa Wil-
unacceptable, and I thank my col- Hupman, Abby Camp, Nick liams; Navis Bermudez; Joe Sheehy,
leagues from Georgia for their bipar- Christensen, Justin Harclerode, Tyler who works for GRACE NAPOLITANO, who
tisan effort to champion this issue in Micheletti, Jamie Hopkins, and Shawn couldn’t be here today; and legislative
the recent committee markup. Bloch. In addition, I very much want to counsel Kakuti Lin. Legislative coun-
I urge the committee to work with thank Kathy Dedrick, Mohsin Syed, sel has been fabulous. Then, the other
me to include language in the final bill and the rest of the Democrat full com- side of the aisle: Ian Bennitt, Victor
that will repair and maintain the lock mittee staff. Sarmiento, Jon Pawlow. Again, thanks
and dam and the pool, while still ac- WRDA is a perfect example of Repub- to my friend and colleague, the rank-
commodating the mitigation project. licans and Democrats working together ing member.
It is essential. to address America’s infrastructure
Mr. Speaker, I urge my colleagues to
Mr. DEFAZIO. Mr. Speaker, I reserve needs, as this committee is meant to
support this legislation, and I yield
the balance of my time. do. I would urge all Members to sup-
back the balance of my time.
Mr. GRAVES of Missouri. Mr. Speak- port this legislation.
er, I yield 1 minute to the gentlewoman I want to add, too, Mr. Speaker, the Mr. YOUNG. Mr. Speaker, I rise in support
from Puerto Rico (Miss GONZÁLEZ- gracious work of and being able to of H.R. 7575, the Water Resources Develop-
COLÓN), who understands water issues. work with Chairman DEFAZIO. When ment Act for 2020. This legislation is the result
Miss GONZÁLEZ-COLÓN of Puerto we work together, it actually works of bipartisan work and leadership of Com-
Rico. Mr. Speaker, I rise in support of quite well, and I want to thank him for mittee Chairman DEFAZIO and Ranking Mem-
this bill that includes language for that. ber GRAVES and many others. It deserves to
flood control in Puerto Rico. We are Mr. Speaker, I yield back the balance be passed by the this House as a vital con-
now in the hurricane season, and of my time. tribution to improving and maintaining our Na-
today, it is announced a tropical storm Mr. DEFAZIO. Mr. Speaker, I yield tion’s ports system, inland waterways, dams,
between today and tomorrow. myself such time as I may consume. levees, aids to navigation, flood control, and
Mr. Speaker, I thank the gentleman the many critical support and operational func-
The flood control projects included in
for his kind words. We find many op- tions of our U.S. Army Corps of Engineers in
the bill are Rio Guayanilla, Rio Manati
portunities to work together. There are support of national, state and local water re-
in Ciales, and Rio Culebrinas on the
times when we have significant policy sources development needs.
northwestern part of the island, as well
differences, and we get through it. And
as important provisions to study flood Alaska’s 33,904 miles of shoreline dwarf the
we will keep plugging.
damage, provide resiliency planning as- This bill is great for our Nation. On a Lower 48 and with fewer miles of paved road
sistance, and evaluate seismic risks. daily basis, of our Nation’s 58 largest than Rhode Island, Alaska’s rivers are our
I am also most proud to have secured ports, they only have about 40 percent highways and our ports are the lifeblood of our
in this bill an increase to the author- of their capability due to deferred state’s communities. The Committee continues
ization cost for the Cano Martin Pena dredging. to make incremental progress on embracing
project, $232.4 million, as established We have jetties failing around the the unique challenges Alaskan communities
during the feasibility phase in 2016, fix- Nation. We heard from CONOR LAMB face with respect to port and harbor improve-
ing a discrepancy in WRDA 2007. This from Pennsylvania. We did great engi- ments, inland waterway navigation, flood and
increase ensures updated costs are con- neering work in the 1800s and early storm protection and other water resource in-
sidered as the project moves forward, 1900s. I viewed a lock in his district frastructure overseen by the Army Corps of
which is especially critical for the de- built in the early 1900s, but these Engineers.
velopment of eight communities in the things do have a lifetime. The Army Corps Alaska District is an inte-
San Juan area. The increase in cost share for inland gral partner to Alaska’s communities man-
Mr. DEFAZIO. Mr. Speaker, I reserve waterways is going to make a great dif- aging significant project demand with limited
the balance of my time. ference. We are finally going to spend resources. However, need continues to out-
Mr. GRAVES of Missouri. Mr. Speak- the $10 billion that the American peo- pace available appropriations and Corps re-
er, I yield myself such time as I may ple have put into an account for harbor sources to get projects completed. The re-
consume. maintenance on harbor maintenance. forms to the Harbor Maintenance Trust Fund
Mr. Speaker, in closing, WRDA 2020 Things take a long time in Wash- included in this bill is a step in the right direc-
is a good bipartisan piece of legislation ington, D.C. I started on that with Bud tion and I will continue to advocate for greater
that is going to improve flood control Shuster in 1996, but finally, we are federal investment for our nation’s water infra-
infrastructure and improve ports, har- going to get there. structure.
bors, and inland waterways across the This money can and will be very pro-
country. I am particularly pleased that WRDA 2020
ductively spent. It will put people to contains an authorization for improvements to
This is infrastructure that is critical work, and it will make our Nation
to protecting our communities and our the Port of Nome, Alaska as well as other pro-
more competitive. visions for ports and harbors in Alaska. It is
farms and businesses in north Missouri We had, for quite some time, a dis-
and the rest of America. It is essential rewarding to see that a majority of my col-
pute among the various ports, large,
to the efficient movement of goods, leagues from both sides of the aisle in this
small, and in between. We worked all of
products, commodities, and resources House and in the other body, have come to
that out. It is easier to do when there
nationwide. recognize, along with the Administration, the
is more money. So, this bill is going to
Again, I want to thank the many co- essential and indispensable strategic, national
be good for large, medium, and small
sponsors and the members of the Com- defense and commercial importance of the
ports, and emerging harbors. And just
mittee on Transportation and Infra- Arctic for our Nation’s future.
to be parochial, it is going to be great
structure for their hard work on this for my district. The authorization of $490,919,000 for the
very important bill. We have many, many dangerous bar Arctic Deep Draft Port project in Nome in-
Also, committee staff on both sides entrances. Fishers, particularly com- cluded in this bill has been a long time com-
put a lot of work into this piece of leg- mercial, sometimes recreational, die ing, and it is a positive step forward for Alaska
islation, Mr. Speaker, and I want to there. The dredging needs are always and the country. The Port of Nome, due to its
thank them all for their hard work. going to be there. Also, we have failing geographic location, is a strategic transpor-
Specifically, from the Subcommittee jetties that need replacement, so the tation hub that meets the needs of U.S. Arctic
on Water Resources and Environment, additional cost share there will help. Policy by strengthening U.S. present in the re-
the Republican staff, I want to thank Then an additional cost share by gion. The Port of Nome expansion is critical to
dlhill on DSK120RN23PROD with HOUSE
Ian Bennitt, Jon Pawlow, and Victor statute for the Great Lakes, although I ensure more effective search and rescue and
Sarmiento. From the Democrat staff, I did talk with Ms. KAPTUR, and she feels environmental response activities as vessel
want to thank Ryan Seiger, Navis that we didn’t quite get it right. We traffic increases throughout the Arctic. The
Bermudez, Camille Touton, and Alexa will work on that in conference. port will serve the country’s National interests
Williams. From the Republican full I would like to thank staff: Ryan and support Coast Guard and Navy oper-
committee staff, I want to thank Paul Seiger, who is chief counsel on the sub- ations. It will also expand an existing logistics
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July 29, 2020 CONGRESSIONAL RECORD — HOUSE H3961
hub for more than 50 Alaskan coastal commu- equitable adjustments are added to the final through the Bering Strait or docked tempo-
nities to help reduce the cost of living and cre- cost of a project and allocated between the rarily in Nome.
ate economic opportunity throughout Alaska non-federal and USACE based on the cost- From 1866 to 1867, Port Clarence served
and the Pacific Northwest. share formula. as the forward operating base for the Western
I want to commend the Army Corp’s Alaska The Army Corps has verbally informed the Union Telegraph Expedition in the attempt to
District, General Semonite and Assistant Sec- Borough that 20 percent of this judgement ($4 link the continents with an undersea telegraph
retary James for all their hard work to get the million) may be allocated to the Borough’s fi- cable.
Chiefs report done in time for this bill. As a nancial share of the project in the future. Nota- Around 1884 it became the central summer
former tugboat captain in Alaska, I know how bly, the dispute had nothing to do with the refitting port for the Arctic fleet, which usually
important it is to have good ports, and I would project’s design, engineering, or construction. arrived in July and headed south around Sep-
like to thank the Chairman and the Ranking The dispute was instead focused on the man- tember (unless they elected to overwinter
Member for including this provision in the bill. ner in which the USACE’s contracting officer there).
The bill also provides for the authorization of sought to comply with a congressional direc- The Port of Nome project and potential de-
two other much needed projects to benefit tive changing the manner in which the Corps velopment Port Clarence/Point Spencer is po-
Alaskan harbors. The bill authorizes a funded continuing contracts. Non-federal spon- sitioned to become a key part of America’s
$34,937,000 dredging project for Unalaska sors, especially smaller rural communities, deep-water Arctic Ports System, ready to re-
Dutch Harbor. Dutch Harbor is one of the na- should not be required to carry a significant ceive and assist vessels moving to and from
tion’s top fishing ports measured by catch vol- share of the financial burden when there is a Arctic destinations, trans-Arctic shipping, or
ume and value and is essential to the Alaska violation of procurement law peripheral to the Navy and Coast Guard vessels and aircraft
fishing economy and the nation’s food supply. actual design, engineering, and construction of undertaking a wide variety of missions from
The project will dredge the entrance channel the project itself. those dealing with national security to eco-
of the harbor to 58 feet improving the ability of As many know one of my mottos is ‘‘Alaska nomic development, search and rescue, ship-
commercial, U.S. Coast Guard, U.S. Navy, to the future.’’ Looking ahead, as the only ping safety, oil spill prevention, response and
U.S. military assets and ships from allied na- ‘‘Arctic State’’ in the Union, Alaska will play clean up, arctic research, maritime law en-
tions to utilize the harbor. the central role in hosting future arctic infra- forcement on the Bering Sea, the Chukchi
The bill also includes language to include structure including as ‘‘System of Ports’’ and Sea, and the Arctic Ocean.
the authorization for St. George’s navigation safe harbors as national security, government The Congress authorized the transfer of cer-
improvements project pending the timely re- and commercial activities inevitably increase in tain tracts of land at Point Spencer to Bering
lease of a positive Chiefs Report from the and around the Arctic in the coming years. Straits Native Corporation (BSNC) while pro-
Army Corps. The project will provide for the The Army Corp’s Alaska Deep-Draft Arctic viding the opportunity for retention of certain
operability, safety and reliability of the St. Port System Study and recent Defense De- tracts by the USCG and the State of Alaska
George Harbor as promised by the federal partment and U.S. Coast Guard strategic stud- should the USCG and the State wish to retain
government to aid the transition of the econ- ies have shown that, U.S. strategic interests those tracts. Port development at Point Spen-
omy of the Pribilof Islands away from fur seals will benefit from increased arctic infrastructure cer-Port Clarence should proceed as a coop-
to commercial fishing. including port infrastructure to cover Alaska’s erative effort among the State, the Federal
Importantly, the bill makes an improvement vast arctic land mass. government, and BSNC in coordination with
to the Tribal Partnership Program by increas- What is needed, and what has been called the enhancements of the Port of Nome.
ing the per project federal cost share cap to for, is a ‘‘System of U.S. Arctic Ports’’ whereby Port Clarence has, historically been and will
$15 million dollars from $12.5 million. This im- the improvements at Nome should be the first continue to be a valuable ‘‘Port of Refuge’’ be-
provement is a step in the right direction and in a series of needed improvements at other cause of its naturally deep waters and natu-
the increase begins to take into account the key Alaska locations that will provide the rally protected harbor—as shipping vessel traf-
challenges Alaska faces with higher project United States with the breadth of assets in- fic continues to increase in the Arctic.
costs. In forthcoming WRDA bills, I will con- cluding a specialized Ports System for cov- BSNC is working now with U.S. Corps of
tinue to work with my colleagues and the erage and access to the Arctic. Engineers to place 30-ton and 60-ton indus-
Committee to ensure that Corps policies re- One location that should warrant due con- trial grade mooring system buoys at Port Clar-
garding benefit-cost ratios, existing authorities sideration for future improvements in an Arctic ence to serve maritime safety needs for the
and cost share requirements treat Alaska fairly Ports System is Port Clarence/Point Spencer entire Bering Strait Region.
and take into account all the unique environ- located immediately adjacent to the Bering Mr. Speaker, I thank my colleagues Chair-
mental challenges present in Alaska. Strait. Today’s U.S. year-round ice free ‘‘Arc- man DEFAZIO and Ranking Member GRAVES
As this bill moves into the Conference proc- tic’’ ports are in Dutch Harbor, Adak, and St. for their leadership in this unusually chal-
ess, I will continue working with my colleagues Paul, Alaska which play important roles be- lenging time in the Congress and for our na-
to include language, present in the Senate’s cause of their locations. As ice navigability im- tion by bringing this bipartisan Water Re-
draft bill, that will protect nonfederal project proves the natural and protected deep-water sources Development Act legislation to the
sponsors from shouldering cost liabilities in- port of Port Clarence can serve as a year- House Floor. I look forward to the positive im-
curred by the Army Corps through no fault of round potential forward service center and port pact that WRDA 2020 will have on our na-
their own. This language is needed for Project of refuge close to, and directly adjacent to the tion’s water resources development for dec-
Cooperation Agreement in instances where key ‘‘choke point’’ of the Bering Strait. ades to come.
the Army Corps has been assessed a large The following is a brief overview of key in- Mr. DESAULNIER. Mr. Speaker, I wish to
adverse judgment by the Armed Services formation about this strategically located nat- express my support of the Water Resources
Board of Contract Appeals or another court of ural deep-water port in the Arctic: Development Act. This strong, bipartisan bill
competent jurisdiction. Port Clarence is north-northwest of Nome will help assure that our nation’s ports, har-
In December 2018, the Aleutians East Bor- (70 miles), on the Seward Peninsula, and is a bors, and waterways are developed and main-
ough was notified by the Army Corps that the protected natural deep-water harbor. It is shel- tained to enhance economic and environ-
Armed Services Board of Contract Appeals tered by a long isthmus called Point Spencer. mental vitality.
had awarded Kelly-Ryan, Inc. a $20,000,000 Most recently, the U.S. Coast Guard based a I am particularly pleased with the commit-
judgement for a procurement dispute arising in LORAN facility at Point Spencer with associ- ment to beneficial reuse of dredged material
2006–09 over the construction of a breakwater ated power and an 8,000-foot airstrip (4,500 from Corps water resources projects. Dredged
and other general navigation features in False feet of paved runway and 3,500 feet of ex- material is a valuable resource that can help
Pass, Alaska. The standard Project Coopera- tended gravel-covered runway). restore impacted shorelines and ecosystems
tion Agreement between a non-federal project Port Clarence’s protected harbor served In- and that can create resilient coastlines and es-
sponsor and the Corps for any Civil Works digenous people of the region before contact tuaries. Environmental groups in California
project sets out the specific cost-sharing re- with European cultures. have emphasized the importance of beneficial
dlhill on DSK120RN23PROD with HOUSE
quirements applicable to the project. The Port Clarence served as a port of refuge for reuse, specifically because the dredged mate-
Agreement includes a definition of ‘‘total costs whaling vessels in the mid-1850s while Alaska rial can play a vital role in restoring and pre-
of construction of the general navigation fea- was under Russian sovereignty. It still serves serving shallow water habitats such as tidal
tures’’. This definition includes ‘‘the Govern- as the Port of Refuge from storms for vessels, marshes and mudflats. The beneficial use pilot
ment’s costs of contract dispute settlements or including U.S. Coast Guard vessels and other program, first authorized in WRDA 2016, was
awards’’. The costs of disputes, claims, and government and commercial vessels travelling so successful that H.R. 7575 increases the
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H3962 CONGRESSIONAL RECORD — HOUSE July 29, 2020
number of eligible projects. Notably, our own this updated legislation will help to provide The vote was taken by electronic de-
San Francisco Bay estuary faces a number of adequate water and wastewater infrastructure vice, and there were—yeas 230, nays
issues associated with resiliency and sustain- to meet the demands, given the rapid pace of 181, not voting 19, as follows:
ability, and the reuse of dredged material can growth and development in our area. Further- [Roll No. 168]
be enormously helpful in addressing these crit- more, the bill will help in addressing mainte-
YEAS—230
ical issues around the Bay. In its report for nance needs, replacing aging infrastructure,
Adams Gomez Omar
WRDA 2020, the Committee highlighted Rich- and help in accounting for human behavior in Aguilar Gonzalez (TX) Pallone
mond Outer Harbor, Pinole Shoal, and the all aspects of our water system—from sewer Allred Gottheimer Panetta
San Francisco Bay as priorities for consider- overflows, to promoting water conservation Axne Green, Al (TX) Pappas
ation in the next round of pilot projects. through drought tolerant outdoor landscaping. Barragán Grijalva Pascrell
Bass Haaland Payne
This year’s bill also highlights the role and Lastly, I want to thank the committee for Beatty Harder (CA) Perlmutter
value of alternative dredging methods and working with me to include language in the bill Bera Hastings Peters
equipment to beneficial reuse of dredged ma- regarding the embankment of Lake Waco, on Beyer Hayes Peterson
which Lake Shore Drive is located, so that we Bishop (GA) Heck Phillips
terial. Specifically, I am encouraged that the Blumenauer Higgins (NY)
may keep the public safe from danger. I un- Pingree
Committee clarifies that the use of alternative Blunt Rochester Himes Pocan
dredging methods and equipment must be derstand that there is also language in the Bonamici Horn, Kendra S. Porter
part of the overall beneficial use program. This Senate bill on the Lakeshore Drive issue that Boyle, Brendan Horsford Pressley
may be more direct. As we move through F. Houlahan Price (NC)
is important as, too often, we find that the old Brindisi Hoyer
completion of this bill in conference, I hope to Quigley
ways utilized by the Corps for maintaining Brown (MD) Huffman
Raskin
navigation channels will not meet modem day continue to work with the committee to ensure Brownley (CA) Jackson Lee
Rice (NY)
demands to protect our natural resources and that Lakeshore Drive is not a safety hazard. Bustos Jayapal
Richmond
Mr. Speaker, the projects I just mentioned Butterfield Jeffries
build a resilient future through reliable stra- Rose (NY)
Carbajal Johnson (GA)
tegic management plans that allow annual are a tiny piece of the multitude of projects the Cárdenas Johnson (TX) Rouda
Army Corps of Engineers works on to help ad- Carson (IN) Kaptur Roybal-Allard
dredging. Ruiz
This bill will go a long way toward improving dress the water needs of the United States Cartwright Keating
Ruppersberger
Case Kelly (IL)
our environment, providing much-needed di- and its residents. Every American is impacted Casten (IL) Kennedy Rush
rection to the Army Corps, and supporting by this legislation and I urge my colleagues to Castor (FL) Khanna Ryan
support it. Castro (TX) Kildee Sánchez
California’s 11th District. Sarbanes
Ms. JOHNSON of Texas. Mr. Speaker, I rise The SPEAKER pro tempore. The Chu, Judy Kilmer
Cisneros Kim Scanlon
in strong support of H.R. 7575, the Water Re- question is on the motion offered by Schakowsky
Clark (MA) Kind
sources Development Act of 2020. I would like the gentleman from Oregon (Mr. DEFA- Clarke (NY) Kirkpatrick Schiff
ZIO) that the House suspend the rules Clay Krishnamoorthi Schneider
to thank Chairman DEFazio and my fellow col- Cleaver Kuster (NH) Schrader
leagues on the House Transportation and In- and pass the bill, H.R. 7575, as amend-
Clyburn Lamb Schrier
frastructure Committee for their diligent work ed. Cohen Langevin Scott (VA)
The question was taken; and (two- Connolly Larsen (WA) Scott, David
to produce this much needed water resources
thirds being in the affirmative) the Cooper Larson (CT) Serrano
bill. Everyone is the U.S. is impacted by the Correa Lawrence
rules were suspended and the bill, as Sewell (AL)
need for clean water and I believe this bill amended, was passed. Costa Lawson (FL) Shalala
takes a giant step forward to ensuring this be- Courtney Lee (CA) Sherman
A motion to reconsider was laid on Cox (CA) Lee (NV) Sherrill
comes a reality for every American. the table. Craig Levin (CA) Sires
Within my district, The City of Dallas is ap- Crist Levin (MI)
f Slotkin
preciative to the U.S. Army Corps of Engi- Crow Lieu, Ted Smith (WA)
neers (Corps) for their funding of the Dallas RECESS Cuellar Lipinski Soto
Cunningham Loebsack Spanberger
Floodway, Dallas Floodway Extension flood The SPEAKER pro tempore. Pursu- Davids (KS) Lofgren Speier
risk management projects and Lewisville Dam ant to clause 12(a) of rule I, the Chair Davis (CA) Lowenthal Stanton
repairs and their continued efforts to complete declares the House in recess for a pe- Davis, Danny K. Lowey Stevens
these projects quickly. I look forward to con- Dean Luján Suozzi
riod of less than 15 minutes. DeFazio Luria
tinuing to hear good reports on the progress of Accordingly (at 3 o’clock and 12 min- Swalwell (CA)
DeGette Lynch
Takano
these projects. I am pleased that the Corps is utes p.m.), the House stood in recess. DeLauro Malinowski
Thompson (CA)
moving forward with these projects. DelBene Maloney,
f Delgado Carolyn B.
Thompson (MS)
Please allow me to note that it is helpful for Titus
the Corps to accept input from non-federal b 1523 Demings Maloney, Sean
Tlaib
DeSaulnier Matsui
Tonko
sponsors in the development of WRDA guid- AFTER RECESS Deutch McAdams
Torres (CA)
ance. The Corps, working with local non-fed- Dingell McBath
The recess having expired, the House Doggett McCollum Torres Small
eral sponsors instead of developing guidance was called to order by the Speaker pro Doyle, Michael McEachin (NM)
independently, will result in more resilient F. McGovern Trahan
tempore (Mr. COURTNEY) at 3 o’clock Trone
projects with multiple benefits. The role of re- Engel McNerney
and 23 minutes p.m. Escobar Meeks Underwood
siliency in the construction, operation and f Eshoo Meng Vargas
maintenance of projects carried out by the Espaillat Mfume Veasey
U.S. Army Corps of Engineers (Corps) must PROVIDING FOR CONSIDERATION Evans Moore Vela
continue to be a priority. OF H.R. 7617, DEPARTMENT OF Finkenauer Morelle Velázquez
Fletcher Moulton Visclosky
The Dallas area falls within the South- DEFENSE APPROPRIATIONS ACT, Wasserman
Foster Mucarsel-Powell
western Division of the Army Corps of Engi- 2021 Frankel Murphy (FL) Schultz
neers. Flooding and flood control continue to The SPEAKER pro tempore. Pursu- Fudge Nadler Waters
Gabbard Napolitano Watson Coleman
be issues that are ever-present on the minds ant to clause 8 of rule XX, the unfin- Welch
Gallego Neal
of residents along the Trinity River. I have ished business is the vote on ordering Garamendi Neguse Wexton
held several meetings on flooding in the Dal- the previous question on the resolution Garcı́a (IL) Norcross Wild
las area to address this issue and hope to (H. Res. 1067) providing for consider- Garcia (TX) O’Halleran Wilson (FL)
Golden Ocasio-Cortez Yarmuth
continue to work with the Corps to combat ation of the bill (H.R. 7617) making ap-
flooding in Dallas. propriations for the Department of De- NAYS—181
Other parts of North Texas have also bene- fense for the fiscal year ending Sep- Aderholt Bergman Bucshon
fited from projects included in previous tember 30, 2021, and for other purposes, Allen Biggs Budd
versions of WRDA legislation. The projects ad- Amash Bilirakis Burchett
on which the yeas and nays were or-
dlhill on DSK120RN23PROD with HOUSE
Amodei Bishop (NC) Burgess
dressing pump stations and levy heights in dered. Armstrong Bishop (UT) Byrne
Dallas, along with bridge projects in Ft. Worth The Clerk read the title of the resolu- Babin Bost Calvert
would not be where they are today without the tion. Bacon Brady Carter (GA)
The SPEAKER pro tempore. The Baird Brooks (AL) Carter (TX)
Corps and this legislation. Balderson Brooks (IN) Chabot
Mr. Speaker, the Dallas-Fort Worth question is on ordering the previous Banks Buchanan Cheney
metroplex is growing at a quite rapid pace and question. Barr Buck Cline
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