Water Resources Development Act of 2020 and H.R. 6395 — Congressional Record, House
Summary
Page H6935 of the Congressional Record, House, for December 8, 2020, begins with remarks on the conference report for H.R. 6395, the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021. Bonamici rises in opposition to the Conference Report, and Luetkemeyer speaks about a section on international bank records. A communication from the Clerk of the House reports that the Senate agreed to S. Res. 795 on the death of a former United States Senator for the State of Iowa. The page also takes up S. 1014 to establish the Route 66 Centennial Commission and includes remarks and a section list for the Water Resources Development Act of 2020 (WRDA 2020), with a vote on the conference report postponed.
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Cite this document
“Water Resources Development Act of 2020 and H.R. 6395 — Congressional Record, House.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-12-08-crec-2020-12-08-pt1-pgh6935-3-0458aac384/
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December 8, 2020 CONGRESSIONAL RECORD — HOUSE H6935
intent of H.R. 2617 has been fully accom- the William M. (Mac) Thornberry National De- COMMUNICATION FROM THE
plished through the NDAA as last year’s FY20 fense Authorization Act for Fiscal Year 2021. CLERK OF THE HOUSE
NDAA required DoD to input any OEH haz- This bill contains many important provisions The SPEAKER pro tempore laid be-
ards exposure into servicemembers’ records that should become law, but unfortunately fore the House the following commu-
while deployed so it is tracked throughout their those laudable policies are outweighed by the nication from the Clerk of the House of
career and into veteran status. staggering cost and I cannot support the bill Representatives:
Overall, I am proud of the Readiness Sub- as a whole. OFFICE OF THE CLERK,
committee’s contribution to this year’s bill and I am grateful for the Conferees’ work to in- HOUSE OF REPRESENTATIVES,
would like to thank the Readiness staff, Brian clude language increasing treatment and ben- Washington, DC, December 8, 2020.
Garrett, Jeanine Womble, Melanie Harris, Jay efits for veterans by expanding the types of Hon. NANCY PELOSI,
Vallario, John Muller, Dave Sienicki, and Sean diseases that are presumed connected with The Speaker, House of Representatives,
Falvey, and my personal staff, Betsy Thomp- exposure to Agent Orange. I also strongly Washington, DC.
son, Marcus Jones, and Danusia Hubah, for support the pay increase for our troops, the DEAR MADAM SPEAKER: Pursuant to the
their tireless work. Marcus and Danusia will be removal of names and symbols associated permission granted in Clause 2(h) of Rule II
of the Rules of the U.S. House of Representa-
departing the Hill after next week, and I would with the racist legacy of the Confederacy, and tives, the Clerk received the following mes-
like to personally thank them for their hard the bolstering of paid parental leave policies sage from the Secretary of the Senate on De-
work and sharing their expertise with us this across the federal government. I commend cember 8, 2020, at 11:44 a.m.:
past year. Both Marcus and Danusia have Chairman SMITH for his ongoing work to ad- That the Senate agreed to Relative to the
been invaluable members of my staff and we vance legislation that improves the military’s death of the Honorable Roger William Jep-
will miss them dearly. prevention of sexual assault and support for sen, former United States Senator for the
This bill helps advance our military’s near- survivors, takes encouraging steps to address State of Iowa S. Res. 795.
term readiness goals and drives the Depart- climate change, and prevents the misuse of That the Senate passed with an amend-
ment to plan for and take action against long- ment H.R. 1503.
taxpayer money on a wasteful border wall. In That the Senate passed without amend-
term threats. The conference report also au- response to authoritarian tactics by federal ment H.R. 4761.
thorizes funding that will strengthen DOD and agents in Portland, Oregon, and elsewhere, That the Senate passed with amendments
the country’s ability to respond to potential the Chairman and House Conferees also H.R. 5273.
COVID–19 resurgence and other infectious achieved bipartisan support for a policy I With best wishes, I am
diseases in the future. With that, I urge my championed requiring that any federal forces Sincerely,
colleagues to support the FY21 NDAA. responding to a protest or civil disturbance by CHERYL L. JOHNSON,
Mr. LUETKEMEYER. Mr. Speaker, section Clerk.
clearly identifiable.
6308 enhances U.S. law enforcement’s ability I cannot ignore, however, the unprece- f
to access international bank records to help dented amount of military spending that this ANNOUNCEMENT BY THE SPEAKER
better ensure financial crimes are investigated. legislation would authorize. Amid a national PRO TEMPORE
I am supportive of this new and necessary crisis precipitated by a global pandemic, voting
provision. This new authority allows the De- The SPEAKER pro tempore (Ms.
to allow billions of dollars to be spent on MCCOLLUM). Pursuant to clause 8 of
partments of Treasury and Justice to issue weapons is unjustifiable when our commu-
subpoenas requiring production of records re- rule XX, the Chair will postpone fur-
nities desperately need food and housing se- ther proceedings today on motions to
lating to accounts held by banks outside of the curity, access to childcare, affordable health
United States. This new authority would create suspend the rules on which the yeas
care, and small business support. We must and nays are ordered.
a secondary mechanism for seeking discovery not accept the notion that annual increases in
from foreign banks separate from the Mutual The House will resume proceedings
defense spending are somehow inevitable and on postponed questions at a later time.
Legal Assistance Treaties (‘‘MLATs’’) or other can be rationalized as modest when adding
multilateral or bilateral agreements the United f
just one percent costs billions of dollars that
States currently maintains with many foreign should instead be invested domestically in WATER RESOURCES
governments for this purpose. As the Depart- schools or infrastructure. DEVELOPMENT ACT OF 2020
ments of Justice and Treasury implement Sec- I do not take this vote lightly and my com- Mr. DEFAZIO. Madam Speaker, I
tion 6308, I encourage them only to use this mitment to providing for our servicemembers move to suspend the rules and pass the
new authority where a foreign bank operates remains steadfast. It is a complex and chal- bill (S. 1811) to make technical correc-
in a jurisdiction as to which no MLAT or other lenging task to responsibly fund our national tions to the America’s Water Infra-
information-sharing agreement exists or where defense, but I am confident that we can main- structure Act of 2018, and for other pur-
the relevant foreign government has not satis- tain adequate security while reining in the im- poses, as amended.
fied its obligations under an MLAT or other in- mense and ever-increasing sums that end- The Clerk read the title of the bill.
formation-sharing agreement. lessly pour into the military-industrial complex.
Many foreign countries restrict banks oper- The text of the bill is as follows:
I look forward to continued engagement with S. 1811
ating in their jurisdictions from sharing their my colleagues as we address these difficult
customers’ financial or personally identifiable Be it enacted by the Senate and House of Rep-
issues. resentatives of the United States of America in
information (‘‘PII’). As a result, subpoenas
Congress assembled,
issued under section 6308 may place foreign
b 1400 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
banks in the difficult position of either violating
The SPEAKER pro tempore. All time (a) SHORT TITLE.—This Act may be cited as
home country law or being in contempt for fail- the ‘‘Water Resources Development Act of
ure to comply with a subpoena issued by the for debate has expired. 2020’’.
United States government. As a result, I be- Pursuant to the order of the House of (b) TABLE OF CONTENTS.—The table of con-
lieve it is appropriate for the Departments of Thursday, December 3, 2020, the pre- tents for this Act is as follows:
Justice and Treasury to take into consideration vious question is ordered. Sec. 1. Short title; table of contents.
conflict of laws situations to achieve the pur- The question is on the adoption of Sec. 2. Secretary defined.
poses of Section 6308 while also maintaining the conference report. TITLE I—GENERAL PROVISIONS
a respect for home country requirements. The question was taken; and the Sec. 101. Budgetary treatment expansion
Finally, I encourage the Departments of Speaker pro tempore announced that and adjustment for the Harbor
Treasury and Justice to issue regulations es- the ayes appeared to have it. Maintenance Trust Fund.
tablishing appropriate protocols to ensure that Mr. SMITH of Washington. Mr. Sec. 102. Authorization of appropriations for
the authority granted under section 6308 does Speaker, on that I demand the yeas navigation.
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not supersede or supplant existing MLATs or and nays. Sec. 103. Annual report to Congress on the
other multilateral or bilateral agreements be- The SPEAKER pro tempore. Pursu- Harbor Maintenance Trust
Fund.
tween the United States and the relevant for- ant to section 3 of House Resolution
Sec. 104. Additional measures at donor ports
eign government that are available for obtain- 965, the yeas and nays are ordered. and energy transfer ports.
ing records from a foreign bank. Pursuant to clause 8 of rule XX, fur- Sec. 105. Construction of water resources de-
Ms. BONAMICI. Mr. Speaker, I rise in oppo- ther proceedings on this question are velopment projects by non-Fed-
sition to the Conference Report for H.R. 6395, postponed. eral interests.
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H6936 CONGRESSIONAL RECORD — HOUSE December 8, 2020
Sec. 106. Coast Guard anchorages. Sec. 156. Planning Assistance to States. Sec. 303. Tribal partnership program.
Sec. 107. State contribution of funds for cer- Sec. 157. Forecast-informed reservoir oper- Sec. 304. Lakes program.
tain operation and maintenance ations. Sec. 305. Rehabilitation of Corps of Engi-
costs. Sec. 158. Data for water allocation, supply, neers constructed dams.
Sec. 108. Great Lakes confined disposal fa- and demand. Sec. 306. Chesapeake Bay Environmental
cilities. Sec. 159. Inland waterways pilot program. Restoration and Protection
Sec. 109. Inland waterway projects. Sec. 160. Definition of economically dis- Program.
Sec. 110. Implementation of water resources advantaged community. Sec. 307. Upper Mississippi River System En-
principles and requirements. Sec. 161. Studies of water resources develop- vironmental Management Pro-
Sec. 111. Resiliency planning assistance. ment projects by non-Federal gram.
Sec. 112. Project consultation. interests. Sec. 308. Upper Mississippi River protection.
Sec. 113. Review of resiliency assessments. Sec. 162. Leveraging Federal infrastructure Sec. 309. Theodore Ship Channel, Mobile,
Sec. 114. Small flood control projects. for increased water supply. Alabama.
Sec. 115. Flood Protection Projects. Sec. 163. Sense of Congress on removal of Sec. 310. McClellan-Kerr Arkansas River
Sec. 116. Feasibility studies; review of nat- unauthorized, manmade, flam- Navigation System.
ural and nature-based features. mable materials on Corps prop- Sec. 311. Ouachita and Black Rivers, Arkan-
Sec. 117. Federal interest determination. erty. sas and Louisiana.
Sec. 118. Pilot programs on the formulation Sec. 164. Enhanced development program. Sec. 312. Lake Isabella, California.
of Corps of Engineers projects Sec. 165. Continuing authority programs. Sec. 313. Lower San Joaquin River flood con-
in rural communities and eco- TITLE II—STUDIES AND REPORTS trol project.
nomically disadvantaged com- Sec. 314. Sacramento River, Glenn-Colusa,
Sec. 201. Authorization of proposed feasi- California.
munities.
bility studies. Sec. 315. San Diego River and Mission Bay,
Sec. 119. Permanent measures to reduce
Sec. 202. Expedited completions. San Diego County, California.
emergency flood fighting needs
Sec. 203. Expedited modifications of existing Sec. 316. San Francisco, California, Water-
for communities subject to re-
feasibility studies. front Area.
petitive flooding.
Sec. 204. Assistance to non-Federal sponsors; Sec. 317. Western Pacific Interceptor Canal,
Sec. 120. Emergency response to natural dis-
feasibility analysis. Sacramento River, California.
asters.
Sec. 205. Selma, Alabama. Sec. 318. Rio Grande Environmental Man-
Sec. 121. Cost and benefit feasibility assess- Sec. 206. Report on Corps of Engineers facili-
ment. agement Program, Colorado,
ties in Appalachia. New Mexico, and Texas.
Sec. 122. Expediting repairs and recovery Sec. 207. Additional studies under North At-
from flooding. Sec. 319. New London Harbor Waterfront
lantic Coast Comprehensive Channel, Connecticut.
Sec. 123. Review of Corps of Engineers as- Study.
sets. Sec. 320. Wilmington Harbor, Delaware.
Sec. 208. South Atlantic coastal study. Sec. 321. Wilmington Harbor South Disposal
Sec. 124. Sense of Congress on multipurpose Sec. 209. Comprehensive study of the Sac-
projects. Area, Delaware.
ramento River, Yolo Bypass, Sec. 322. Washington Harbor, District of Co-
Sec. 125. Beneficial use of dredged material; California.
dredged material management lumbia.
Sec. 210. Lake Okeechobee regulation sched- Sec. 323. Big Cypress Seminole Indian Res-
plans. ule, Florida.
Sec. 126. Aquatic ecosystem restoration for ervation Water Conservation
Sec. 211. Great Lakes coastal resiliency Plan, Florida.
anadromous fish. study.
Sec. 127. Annual report to Congress on water Sec. 324. Central Everglades, Florida.
Sec. 212. Report on the status of restoration Sec. 325. Miami River, Florida.
resources infrastructure. in the Louisiana coastal area. Sec. 326. Julian Keen, Jr. Lock and Dam,
Sec. 128. Harmful algal bloom demonstra- Sec. 213. Lower Mississippi River com- Moore Haven, Florida.
tion program. prehensive management study. Sec. 327. Taylor Creek Reservoir and Levee
Sec. 129. Missouri River interception-rearing Sec. 214. Upper Mississippi River Com- L–73 (Section 1), Upper St.
complex construction. prehensive Plan. Johns River Basin, Florida.
Sec. 130. Materials, services, and funds for Sec. 215. Upper Missouri River Basin Sec. 328. Extinguishment of flowage ease-
repair, restoration, or rehabili- mainstem dam fish loss re- ments, Rough River Lake, Ken-
tation of projects. search. tucky.
Sec. 131. Levee safety. Sec. 216. Lower and Upper Missouri River Sec. 329. Calcasieu River and Pass, Lou-
Sec. 132. National Dam Safety Program. Comprehensive Flood Protec- isiana.
Sec. 133. Rehabilitation of Corps of Engi- tion. Sec. 330. Camden Harbor, Maine.
neers constructed pump sta- Sec. 217. Portsmouth Harbor and Piscataqua Sec. 331. Cape Porpoise Harbor, Maine, an-
tions. River and Rye Harbor, New chorage area designation.
Sec. 134. Non-Federal Project Implementa- Hampshire. Sec. 332. Baltimore, Maryland.
tion Pilot Program. Sec. 218. Cougar and Detroit Dams, Willam- Sec. 333. Thad Cochran Lock and Dam,
Sec. 135. Cost sharing provisions for terri- ette River Basin, Oregon. Amory, Mississippi.
tories and Indian Tribes. Sec. 219. Port Orford, Oregon. Sec. 334. Missouri river reservoir sediment
Sec. 136. Review of contracting policies. Sec. 220. Wilson Creek and Sloan Creek, management.
Sec. 137. Criteria for funding environmental Fairview, Texas. Sec. 335. Portsmouth, New Hampshire.
infrastructure projects. Sec. 221. Study on water supply and water Sec. 336. Rahway flood risk management
Sec. 138. Aging infrastructure. conservation at water resources feasibility study, New Jersey.
Sec. 139. Uniformity of notification systems. Sec. 337. San Juan-Chama project; Abiquiu
development projects.
Sec. 140. Coastal storm damage reduction Dam, New Mexico.
Sec. 222. Report to Congress on authorized
contracts. Sec. 338. Flushing Bay and Creek Federal
studies and projects.
Sec. 141. Dam remediation for ecosystem Navigation Channel, New York.
Sec. 223. Completion of reports and mate-
restoration. Sec. 339. Rush River and Lower Branch Rush
rials.
Sec. 142. Levee accreditation process; levee River, North Dakota.
Sec. 224. Emergency flooding protection for
certifications. Sec. 340. Pawcatuck River, Little Narragan-
lakes.
Sec. 143. Project partnership agreement. sett Bay and Watch Hill Cove,
Sec. 225. Report on debris removal.
Sec. 144. Acceptance of funds for harbor Rhode Island and Connecticut.
Sec. 226. Report on antecedent hydrologic
dredging. Sec. 341. Harris County, Texas.
conditions.
Sec. 145. Replacement capacity. Sec. 342. Cap Sante Waterway, Washington.
Sec. 227. Subsurface drain systems research
Sec. 146. Reviewing hydropower at Corps of Sec. 343. Local government reservoir permit
and development.
Engineers facilities. review.
Sec. 228. Report on corrosion prevention ac-
Sec. 147. Repair and restoration of embank- Sec. 344. Project modifications for improve-
tivities.
ments. ment of environment.
Sec. 229. Annual reporting on dissemination
Sec. 148. Coastal mapping. Sec. 345. Aquatic ecosystem restoration.
of information.
Sec. 149. Interim risk reduction measures. Sec. 346. Surplus water contracts and water
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Sec. 230. Report on benefits calculation for
Sec. 150. Maintenance dredging permits. storage agreements.
flood control structures.
Sec. 151. High water-low water preparedness. Sec. 347. No wake zones in navigation chan-
Sec. 152. Treatment of certain benefits and TITLE III—DEAUTHORIZATIONS AND nels.
costs. MODIFICATIONS Sec. 348. Limitation on contract execution
Sec. 153. Lease deviations. Sec. 301. Deauthorization of inactive in the Arkansas River Basin.
Sec. 154. Sense of Congress on Arctic deep projects. Sec. 349. Waiver of non-Federal share of
draft port development. Sec. 302. Abandoned and inactive noncoal damages related to certain con-
Sec. 155. Small water storage projects. mine restoration. tract claims.
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December 8, 2020 CONGRESSIONAL RECORD — HOUSE H6937
Sec. 350. Reduced pricing for certain water ‘‘ ‘(ii) $2,000,000,000. (3) EFFECTIVE DATE.—This subsection shall
supply storage. ‘‘ ‘(I) CERTAIN HARBOR MAINTENANCE ACTIVI- take effect on October 1, 2022.
Sec. 351. Flood control and other purposes. TIES.—If, for any of fiscal years 2021 through (b) ADDITIONAL USES.—
Sec. 352. Additional assistance for critical 2030, appropriations for the Operation and (1) OPERATION AND MAINTENANCE OF HARBOR
projects. Maintenance account of the Corps of Engi- PROJECTS.—Section 210(c)(3) of the Water Re-
Sec. 353. Project modification authoriza- neers are enacted that the Congress des- sources Development Act of 1986 (33 U.S.C.
tions. ignates in statute as being to carry out sub- 2238(c)(3)) is amended—
Sec. 354. Completion of maintenance and re- section (c) of section 2106 of the Water Re- (A) by striking ‘‘Notwithstanding’’ and in-
pair activities. sources Reform and Development Act of 2014 serting the following:
Sec. 355. Project reauthorizations. (33 U.S.C. 2238c), then the adjustment for ‘‘(A) ALLOCATION.—Notwithstanding’’; and
Sec. 356. Conveyances. that fiscal year shall be the total of such ap- (B) by adding at the end the following:
Sec. 357. Lake Eufaula advisory committee. propriations for that fiscal year designated ‘‘(B) ADDITIONAL USES AT EMERGING HAR-
Sec. 358. Repeal of Missouri River Task as being to carry out such subsection, but BORS.—
Force, North Dakota. shall not exceed— ‘‘(i) USES.—In each fiscal year, the Sec-
Sec. 359. Repeal of Missouri River Task ‘‘ ‘(i) $50,000,000 for fiscal year 2021; retary may use not more than $5,000,000 of
Force, South Dakota. ‘‘ ‘(ii) $50,000,000 for fiscal year 2022; funds allocated for emerging harbor projects
Sec. 360. Conforming amendments. ‘‘ ‘(iii) $56,000,000 for fiscal year 2023; under paragraph (1) to pay for the costs of up
TITLE IV—WATER RESOURCES ‘‘ ‘(iv) $58,000,000 for fiscal year 2024; to 10 projects for maintenance dredging of a
INFRASTRUCTURE ‘‘ ‘(v) $60,000,000 for fiscal year 2025; marina or berthing area, in an emerging har-
Sec. 401. Project authorizations. ‘‘ ‘(vi) $62,000,000 for fiscal year 2026; bor, that includes an area that is located ad-
Sec. 402. Special rules. ‘‘ ‘(vii) $64,000,000 for fiscal year 2027; jacent to, or is accessible by, a Federal navi-
Sec. 403. Authorization of projects based on ‘‘ ‘(viii) $66,000,000 for fiscal year 2028; gation project, subject to clauses (ii) and (iii)
feasibility studies prepared by ‘‘ ‘(ix) $68,000,000 for fiscal year 2029; and of this subparagraph.
non-Federal interests. ‘‘ ‘(x) $70,000,000 for fiscal year 2030.’.’’. ‘‘(ii) ELIGIBLE EMERGING HARBORS.—The
(b) EFFECTIVE DATE.—The amendment Secretary may use funds as authorized under
TITLE V—OTHER MATTERS
made by subsection (a) shall take effect as if clause (i) at an emerging harbor that—
Sec. 501. Update on Invasive Species Policy included in the enactment of the CARES Act ‘‘(I) supports commercial activities, in-
Guidance. (Public Law 116–136). cluding commercial fishing operations, com-
Sec. 502. Aquatic invasive species research. SEC. 102. AUTHORIZATION OF APPROPRIATIONS mercial fish processing operations, rec-
Sec. 503. Terrestrial noxious weed control FOR NAVIGATION. reational and sport fishing, and commercial
pilot program.
(a) AUTHORIZATION.— boat yards; or
Sec. 504. Invasive species risk assessment,
(1) IN GENERAL.—In carrying out subsection ‘‘(II) supports activities of the Secretary of
prioritization, and manage-
(c) of section 210 of the Water Resources De- the department in which the Coast Guard is
ment.
velopment Act of 1986 (33 U.S.C. 2238), for operating.
Sec. 505. Invasive species mitigation and re-
each fiscal year, of the funds made available ‘‘(iii) COST-SHARING REQUIREMENTS.—The
duction.
under such section (including funds appro- Secretary shall require a non-Federal inter-
Sec. 506. Aquatic invasive species preven-
priated from the Harbor Maintenance Trust est to contribute not less than 25 percent of
tion.
Fund), the Secretary is authorized to make the costs for maintenance dredging of that
Sec. 507. Invasive species in alpine lakes
expenditures to pay for operation and main- portion of a maintenance dredging project
pilot program.
tenance costs of the harbors and inland har- described in clause (i) that is located outside
Sec. 508. Murder hornet eradication pilot
bors referred to in subsection (a)(2) of such of the Federal navigation project, which may
program.
section, to the extent there are identifiable be provided as an in-kind contribution, in-
Sec. 509. Asian carp prevention and control
operations and maintenance needs, of— cluding through the use of dredge equipment
pilot program.
(A) not less than 15 percent of such funds owned by non-Federal interest to carry out
Sec. 510. Invasive species in noncontiguous
for emerging harbor projects, including eligi- such activities.’’.
States and territories pilot pro-
ble breakwater and jetty needs at such har- (2) ASSESSMENT OF HARBORS AND INLAND
gram.
bor projects; HARBORS.—Section 210(e)(2)(A)(ii) of the
Sec. 511. Soil moisture and snowpack moni-
toring. (B) not less than 13 percent of such funds Water Resources Development Act of 1986 (33
Sec. 512. Great Lakes St. Lawrence Seaway for projects that are located within the U.S.C. 2238(e)(2)(A)(ii)) is amended by insert-
Development Corporation. Great Lakes Navigation System; ing ‘‘uses described in subsection (c)(3)(B)
Sec. 513. Determination of budgetary ef- (C) 12 percent of such funds for expanded and’’ after ‘‘costs for’’.
fects. uses carried out at donor ports and energy (3) DEFINITIONS.—Section 210(f) of the
transfer ports, of which— Water Resources Development Act of 1986 (33
SEC. 2. SECRETARY DEFINED.
(i) 1⁄3 shall be provided to energy transfer U.S.C. 2238(f)) is amended—
In this Act, the term ‘‘Secretary’’ means ports; and (A) by striking paragraph (6);
the Secretary of the Army. (ii) 2⁄3 shall be provided to donor ports; (B) by redesignating paragraphs (3)
TITLE I—GENERAL PROVISIONS (D) not less than 17 percent of such funds through (5) as paragraphs (4) through (6), re-
SEC. 101. BUDGETARY TREATMENT EXPANSION for projects that are assigned to commercial spectively;
AND ADJUSTMENT FOR THE HAR- strategic seaports; and (C) by striking paragraph (2) and inserting
BOR MAINTENANCE TRUST FUND. (E) any remaining funds for operation and the following:
(a) IN GENERAL.—Section 14003 of division maintenance costs of any harbor or inland ‘‘(2) EMERGING HARBOR.—The term ‘emerg-
B of the CARES Act (Public Law 116–136) is harbor referred to in such subsection (a)(2) ing harbor’ means a harbor or inland harbor
amended to read as follows: based on an equitable allocation of such referred to in subsection (a)(2) that transits
‘‘SEC. 14003. Section 251(b)(2) of the Bal- funds among such harbors and inland har- less than 1,000,000 tons of cargo annually.
anced Budget and Emergency Deficit Control bors, in accordance with subsection (c)(1) of ‘‘(3) EMERGING HARBOR PROJECT.—The term
Act of 1985 (2 U.S.C. 901(b)(2)) is amended by such section 210. ‘emerging harbor project’ means a project
adding at the end the following: (2) DEFINITIONS.—In this subsection: that is assigned to an emerging harbor.’’;
‘‘ ‘(H) HARBOR MAINTENANCE ACTIVITIES.—If, (A) COMMERCIAL STRATEGIC SEAPORT.—The and
for any fiscal year, appropriations for the term ‘‘commercial strategic seaport’’ means (D) in paragraph (4) (as so redesignated), by
Construction, Mississippi River and Tribu- a commercial harbor supporting the coordi- adding at the end the following:
taries, and Operation and Maintenance ac- nation of efficient port operations during ‘‘(C) An in-water improvement, if the im-
counts of the Corps of Engineers are enacted peacetime and national defense emergencies provement—
that are derived from the Harbor Mainte- that is designated as strategic through the ‘‘(i) is for the seismic reinforcement of a
nance Trust Fund established under section National Port Readiness Network. wharf or other berthing structure, or the re-
9505(a) of the Internal Revenue Code of 1986 (B) DONOR PORT; ENERGY TRANSFER PORT.— pair or replacement of a deteriorating wharf
and that the Congress designates in statute The terms ‘‘donor port’’ and ‘‘energy transfer or other berthing structure, at a port facil-
as being for harbor operations and mainte- port’’ have the meanings given those terms ity;
nance activities, then the adjustment for in section 2106 of the Water Resources Re- ‘‘(ii) benefits commercial navigation at the
that fiscal year shall be the total of such ap- form and Development Act of 2014 (33 U.S.C. harbor; and
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propriations that are derived from such Fund 2238c). ‘‘(iii) is located in, or adjacent to, a berth
and designated as being for harbor oper- (C) EMERGING HARBOR PROJECT; GREAT that is accessible to a Federal navigation
ations and maintenance activities, but shall LAKES NAVIGATION SYSTEM.—The terms project.
not exceed the sum of— ‘‘emerging harbor project’’ and ‘‘Great Lakes ‘‘(D) An activity to maintain slope sta-
‘‘ ‘(i) the amount deposited into the Harbor Navigation System’’ have the meanings bility at a berth in a harbor that is acces-
Maintenance Trust Fund in the fiscal year given those terms in section 210 of the Water sible to a Federal navigation project if such
that is two years prior to the fiscal year for Resources Development Act of 1986 (33 U.S.C. activity benefits commercial navigation at
which the adjustment is being made; and 2238). the harbor.’’.
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H6938 CONGRESSIONAL RECORD — HOUSE December 8, 2020
SEC. 103. ANNUAL REPORT TO CONGRESS ON THE (2) REPORT TO CONGRESS; AUTHORIZATION OF (4) documents relating to any applicable
HARBOR MAINTENANCE TRUST APPROPRIATIONS.—Section 2106 of the Water permits required for the project improve-
FUND. Resources Reform and Development Act of ments.
Section 330 of the Water Resources Devel- 2014 (33 U.S.C. 2238c) is amended— (d) PROJECT STUDIES SUBJECT TO INDE-
opment Act of 1992 (26 U.S.C. 9505 note; 106 (A) by striking subsection (e) and redesig- PENDENT PEER REVIEW.—The Secretary shall
Stat. 4851) is amended— nating subsections (f) and (g) as subsections not be required to subject a project study for
(1) in subsection (a)— (e) and (f), respectively; and a project with a cost of less than $200,000,000,
(A) by striking ‘‘and annually thereafter,’’ (B) in subsection (e), as so redesignated, by which the Secretary determines satisfies the
and inserting ‘‘and annually thereafter con- amending paragraph (1) to read as follows: requirements of section 204(f)(1) of the Water
current with the submission of the Presi- ‘‘(1) IN GENERAL.—There are authorized to Resources Development Act of 1986 (33 U.S.C.
dent’s annual budget request to Congress,’’; be appropriated to carry out this section— 2232), to independent peer review under sec-
and ‘‘(A) $56,000,000 for fiscal year 2023; tion 2034(a)(3)(A)(i) of the Water Resources
(B) by striking ‘‘Public Works and Trans- ‘‘(B) $58,000,000 for fiscal year 2024; Development Act of 2007 (33 U.S.C.
portation’’ and inserting ‘‘Transportation ‘‘(C) $60,000,000 for fiscal year 2025; 2343(a)(3)(A)(i)).
and Infrastructure’’; and ‘‘(D) $62,000,000 for fiscal year 2026; SEC. 106. COAST GUARD ANCHORAGES.
(2) in subsection (b)(1) by adding at the end ‘‘(E) $64,000,000 for fiscal year 2027; The Secretary may perform dredging at
the following: ‘‘(F) $66,000,000 for fiscal year 2028; Federal expense within and adjacent to an-
‘‘(D) A description of the expected expendi- ‘‘(G) $68,000,000 for fiscal year 2029; and chorages established by the Coast Guard pur-
tures from the trust fund to meet the needs ‘‘(H) $70,000,000 for fiscal year 2030.’’. suant to existing authorities.
of navigation for the fiscal year of the budg- (3) EFFECTIVE DATE.—The amendments
et request.’’. SEC. 107. STATE CONTRIBUTION OF FUNDS FOR
made by this subsection shall take effect on CERTAIN OPERATION AND MAINTE-
SEC. 104. ADDITIONAL MEASURES AT DONOR
October 1, 2022. NANCE COSTS.
PORTS AND ENERGY TRANSFER
PORTS. SEC. 105. CONSTRUCTION OF WATER RESOURCES In carrying out eligible operations and
DEVELOPMENT PROJECTS BY NON- maintenance activities within the Great
(a) INTERIM AUTHORIZATION.—Section FEDERAL INTERESTS.
2106(f) of the Water Resources Reform and Lakes Navigation System pursuant to sec-
(a) STUDIES AND ENGINEERING.—Section tion 210 of the Water Resources Development
Development Act of 2014 (33 U.S.C. 2238c(f)) is 204(c)(1) of the Water Resources Development
amended— Act of 1986 (33 U.S.C. 2238) in a State that has
Act of 1986 (33 U.S.C. 2232(c)(1)) is amended implemented any additional State limitation
(1) in paragraph (1), by striking ‘‘2020’’ and by striking ‘‘under subsection (b)’’ and in-
inserting ‘‘2022’’; and on the disposal of dredged material in the
serting ‘‘under this section’’. open waters of such State, the Secretary
(2) by striking paragraph (3). (b) ASSUMPTION OF MAINTENANCE OF A LO-
(b) IN GENERAL.— may, pursuant to section 5 of the Act of June
CALLY PREFERRED PLAN.—Section 204(f) of
(1) DEFINITIONS.—Section 2106(a) of the 22, 1936 (33 U.S.C. 701h), receive from such
the Water Resources Development Act of
Water Resources Reform and Development State, and expend, such funds as may be con-
1986 (33 U.S.C. 2232(f)) is amended to read as
Act of 2014 (33 U.S.C. 2238c(a)) is amended— tributed by the State to cover the additional
follows:
(A) in paragraph (3)(A)— ‘‘(f) OPERATION AND MAINTENANCE.— costs for operations and maintenance activi-
(i) by amending clause (ii) to read as fol- ‘‘(1) ASSUMPTION OF MAINTENANCE.—When- ties for a harbor or inland harbor within
lows: ever a non-Federal interest carries out im- such State that result from such limitation.
‘‘(ii) at which the total amount of harbor provements to a federally authorized harbor SEC. 108. GREAT LAKES CONFINED DISPOSAL FA-
maintenance taxes collected (including the CILITIES.
or inland harbor, the Secretary shall be re-
estimated taxes related to domestic cargo sponsible for operation and maintenance in (a) MITIGATION.—The Secretary may relo-
and cruise passengers) comprise not less accordance with section 101(b) if— cate access to the Port of Cleveland confined
than $15,000,000 annually of the total funding ‘‘(A) before construction of the improve- disposal facility, owned or operated by a
of the Harbor Maintenance Trust Fund on an ments— non-Federal interest, in which material
average annual basis for the previous 3 fiscal ‘‘(i) the Secretary determines that the im- dredged by the Corps of Engineers is placed.
years;’’; provements are feasible and consistent with (b) COST-SHARE.—The cost to relocate ac-
(ii) in clause (iii)— the purposes of this title; and cess to the confined disposal facility de-
(I) by inserting ‘‘(including the estimated ‘‘(ii) the Secretary and the non-Federal in- scribed in subsection (a) shall be shared in
taxes related to domestic cargo and cruise terest execute a written agreement relating accordance with the cost share applicable to
passengers)’’ after ‘‘taxes collected’’; and to operation and maintenance of the im- operation and maintenance of the Federal
(II) by striking ‘‘5 fiscal years’’ and insert- provements; navigation project from which material
ing ‘‘3 fiscal years’’; and ‘‘(B) the Secretary certifies that the placed in the confined disposal facility is
(iii) in clause (iv), by striking ‘‘in fiscal project or separable element of the project is dredged.
year 2012’’ and inserting ‘‘on an average an- constructed in accordance with applicable (c) TERMINATION.—The authority provided
nual basis for the previous 3 fiscal years’’; permits and appropriate engineering and de- under this section shall terminate on Decem-
(B) in paragraph (5)(B), by striking ‘‘in fis- sign standards; and ber 31, 2024.
cal year 2012’’ each place it appears and in- ‘‘(C) the Secretary does not find that the SEC. 109. INLAND WATERWAY PROJECTS.
serting ‘‘on an average annual basis for the project or separable element is no longer fea- Notwithstanding section 102 of the Water
previous 3 fiscal years’’; sible. Resources Development Act of 1986 (33 U.S.C.
(C) by redesignating paragraph (8) as para- ‘‘(2) FEDERAL FINANCIAL PARTICIPATION IN 2212), for a project for navigation on the in-
graph (9) and inserting after paragraph (7) THE COSTS OF A LOCALLY PREFERRED PLAN.— land waterways receiving a construction ap-
the following: In the case of improvements determined by propriation during any of fiscal years 2021
‘‘(8) HARBOR MAINTENANCE TRUST FUND.— the Secretary pursuant to paragraph (1)(A)(i) through 2031, 35 percent of the costs of con-
The term ‘Harbor Maintenance Trust Fund’ to deviate from the national economic devel- struction of the project shall be paid from
means the Harbor Maintenance Trust Fund opment plan, the Secretary shall be respon- amounts appropriated from the Inland Wa-
established by section 9505 of the Internal sible for all operation and maintenance costs terways Trust Fund until such construction
Revenue Code of 1986.’’; and of such improvements, as described in sec- of the project is complete.
(D) in paragraph (9), as so redesignated— tion 101(b), including costs in excess of the SEC. 110.
IMPLEMENTATION OF WATER RE-
(i) by amending subparagraph (B) to read costs of the national economic development SOURCES PRINCIPLES AND RE-
as follows: plan, if the Secretary determines that the QUIREMENTS.
‘‘(B) at which the total amount of harbor improvements satisfy the requirements of (a) IN GENERAL.—Not later than 180 days
maintenance taxes collected (including the paragraph (1).’’. after the date of enactment of this Act, the
estimated taxes related to domestic cargo (c) REPORT.—A non-Federal interest may Secretary shall issue final agency-specific
and cruise passengers) comprise annually submit to the Secretary a report on improve- procedures necessary to implement the prin-
more than $5,000,000 but less than $15,000,000 ments to a federally authorized harbor or in- ciples and requirements and the interagency
of the total funding of the Harbor Mainte- land harbor to be carried out by the non-Fed- guidelines.
nance Trust Fund on an average annual basis eral interest, containing any information (b) DEVELOPMENT OF FUTURE WATER RE-
for the previous 3 fiscal years;’’; necessary for the Secretary determine SOURCES DEVELOPMENT PROJECTS.—The pro-
(ii) in subparagraph (C)— whether the improvements satisfy the re- cedures required by subsection (a) shall en-
(I) by inserting ‘‘(including the estimated quirements of section 204(f)(1) of the Water sure that the Secretary, in the formulation
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taxes related to domestic cargo and cruise Resources Development Act of 1986 (33 U.S.C. of future water resources development
passengers)’’ after ‘‘taxes collected’’; and 2232), including— projects—
(II) by striking ‘‘5 fiscal years’’ and insert- (1) the economic justification for the im- (1) develops such projects in accordance
ing ‘‘3 fiscal years’’; and provements; with—
(iii) in subparagraph (D), by striking ‘‘in (2) details of the project improvement plan (A) the guiding principles established by
fiscal year 2012’’ and inserting ‘‘on an aver- and design; the principles and requirements; and
age annual basis for the previous 3 fiscal (3) proposed arrangements for the work to (B) the national water resources planning
years’’. be performed; and policy established by section 2031(a) of the
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December 8, 2020 CONGRESSIONAL RECORD — HOUSE H6939
Water Resources Development Act of 2007 (42 guidance of the Corps of Engineers necessary study for a project for flood risk mitigation,
U.S.C. 1962–3(a)); and to implement any Executive order described hurricane and storm damage risk reduction,
(2) fully identifies and analyzes national in paragraph (1) with respect to water re- or ecosystem restoration under section 905 of
economic development benefits, regional sources development projects. the Water Resources Development Act of
economic development benefits, environ- (3) REQUIREMENTS.—In updating the poli- 1986 (33 U.S.C. 2282), the Secretary shall con-
mental quality benefits, and other societal cies, regulations, or guidance under para- sider whether the need for the project is
effects. graph (2), the Secretary shall— predicated upon or exacerbated by conditions
(c) REVIEW AND UPDATE.—Every 5 years, (A) provide notice to interested non-Fed- related to sea level rise or inland flooding.
the Secretary shall review and, where appro- eral stakeholders, including representatives (2) ADDRESSING SEA LEVEL RISE AND INLAND
priate, revise the procedures required by sub- of minority communities, low-income com- FLOODING RESILIENCY BENEFITS.—To the max-
section (a). munities, and Indian Tribes; imum extent practicable, in carrying out a
(d) PUBLIC REVIEW, NOTICE, AND COM- (B) provide opportunities for interested study pursuant to paragraph (1), the Sec-
MENT.—In issuing, reviewing, and revising stakeholders to comment on potential up- retary shall document the potential effects
the procedures required by this section, the dates of policies, regulations, or guidance; of sea level rise or inland flooding on the
Secretary shall— (C) consider the recommendations from the project, and the expected benefits of the
(1) provide notice to interested non-Fed- reports submitted under subsection (a); and project relating to sea level rise or inland
eral stakeholders of the Secretary’s intent to (D) promote the meaningful involvement flooding, during the 50-year period after the
revise the procedures; of minority communities, low-income com- date of completion of the project.
(2) provide opportunities for interested munities, and Indian Tribes. SEC. 114. SMALL FLOOD CONTROL PROJECTS.
non-Federal stakeholders to engage with, (c) COMMUNITY ENGAGEMENT.—In carrying
Section 205 of the Flood Control Act of 1948
and provide input and recommendations to, out a water resources development project,
(33 U.S.C. 701s) is amended by inserting ‘‘,
the Secretary on the revision of the proce- the Secretary shall, to the extent prac-
ticable— and projects that use natural features or na-
dures; and ture-based features (as those terms are de-
(3) solicit and consider public and expert (1) promote the meaningful involvement of
minority communities, low-income commu- fined in section 1184(a) of the Water Re-
comments. sources Development Act of 2016 (33 U.S.C.
(e) DEFINITIONS.—In this section: nities, and Indian Tribes;
(2) provide guidance and technical assist- 2289a(a))),’’ after ‘‘nonstructural projects’’.
(1) INTERAGENCY GUIDELINES.—The term SEC. 115. FLOOD PROTECTION PROJECTS.
‘‘interagency guidelines’’ means the inter- ance to such communities or Tribes to in-
crease understanding of the project develop- (a) GENERAL CONSIDERATIONS.—Section
agency guidelines contained in the document
ment and implementation activities, regula- 73(a) of the Water Resources Development
finalized by the Council on Environmental
tions, and policies of the Corps of Engineers; Act of 1974 (33 U.S.C. 701b–11(a)) is amended
Quality pursuant to section 2031 of the Water
and by striking ‘‘including’’ and all that follows
Resources Development Act of 2007 (42 U.S.C.
(3) cooperate with State, Tribal, and local through the period at the end and inserting
1962–3) in December 2014, to implement the
governments with respect to activities car- the following: ‘‘, with a view toward formu-
principles and requirements.
ried out pursuant to this subsection. lating the most economically, socially, and
(2) PRINCIPLES AND REQUIREMENTS.—The
(d) TRIBAL LANDS AND CONSULTATION.—In environmentally acceptable means of reduc-
term ‘‘principles and requirements’’ means
carrying out water resources development ing or preventing flood damage, including—
the principles and requirements contained in
projects, the Secretary shall, to the extent ‘‘(1) floodproofing of structures, including
the document prepared by the Council on En-
practicable and in accordance with the Trib- through elevation;
vironmental Quality pursuant to section 2031
al Consultation Policy affirmed and formal- ‘‘(2) floodplain regulation;
of the Water Resources Development Act of
ized by the Secretary on November 1, 2012 (or ‘‘(3) acquisition of floodplain land for rec-
2007 (42 U.S.C. 1962–3), entitled ‘‘Principles
a successor policy)— reational, fish and wildlife, and other public
and Requirements for Federal Investments
(1) promote meaningful involvement with purposes;
in Water Resources’’, and dated March 2013.
Indian Tribes specifically on any Tribal ‘‘(4) relocation; and
SEC. 111. RESILIENCY PLANNING ASSISTANCE. lands near or adjacent to any water re- ‘‘(5) the use of a feature described in sec-
(a) IN GENERAL.—Section 206(a) of the sources development projects, for purposes of tion 1184(a) of the Water Infrastructure Im-
Flood Control Act of 1960 (33 U.S.C. 709a(a)) identifying lands of ancestral, cultural, or provements for the Nation Act (33 U.S.C.
is amended by inserting ‘‘, to avoid repet- religious importance; 2289a(a)).’’.
itive flooding impacts, to anticipate, pre- (2) consult with Indian Tribes specifically (b) CONFORMING AMENDMENT.—Section
pare, and adapt to changing climatic condi- on any Tribal areas near or adjacent to any 103(b) of the Water Resources Development
tions and extreme weather events, and to water resources development projects, for Act of 1986 (33 U.S.C. 2213) is amended—
withstand, respond to, and recover rapidly purposes of identifying lands, waters, and (1) in the subsection heading, by striking
from disruption due to the flood hazards’’ other resources critical to the livelihood of ‘‘NONSTRUCTURAL FLOOD CONTROL PROJECTS’’
after ‘‘in planning to ameliorate the flood the Indian Tribes; and and inserting ‘‘PROJECTS USING NON-
hazard’’. (3) cooperate with Indian Tribes to avoid, STRUCTURAL, NATURAL, OR NATURE-BASED
(b) PRIORITIZING FLOOD RISK RESILIENCY or otherwise find alternate solutions with re- FEATURES’’; and
TECHNICAL ASSISTANCE.—In carrying out sec- spect to, such areas. (2) in paragraph (1)—
tion 206 of the Flood Control Act of 1960 (33 SEC. 113. REVIEW OF RESILIENCY ASSESSMENTS. (A) by striking ‘‘nonstructural flood con-
U.S.C. 709a), the Secretary shall prioritize (a) RESILIENCY ASSESSMENT.— trol measures’’ and inserting ‘‘a flood risk
the provision of technical assistance to sup- (1) IN GENERAL.—Not later than 180 days management or hurricane and storm damage
port flood risk resiliency planning efforts of after the date of enactment of this section, risk reduction measure using a non-
economically disadvantaged communities or and in conjunction with the development of structural feature, or a natural feature or
communities subject to repetitive flooding. procedures under section 110 of this Act, the nature-based feature (as those terms are de-
SEC. 112. PROJECT CONSULTATION. Secretary is directed to review, and where fined in section 1184(a) of the Water Re-
(a) REPORTS REQUIRED.—Not later than 180 appropriate, revise the existing planning sources Development Act of 2016 (33 U.S.C.
days after the date of enactment of this Act, guidance documents and regulations of the 2289a(a))),’’; and
the Secretary shall submit the following re- Corps of Engineers on the assessment of the (B) by striking ‘‘cash during construction
ports: effects of sea level rise or inland flooding on of the project’’ and inserting ‘‘cash during
(1) The report required under section 1214 future water resources development projects construction for a nonstructural feature if
of the Water Resources Development Act of to ensure that such guidance documents and the costs of land, easements, rights-of-way,
2018 (132 Stat. 3809). regulations are based on the best available, dredged material disposal areas, and reloca-
(2) The report required under section peer-reviewed science and data on the cur- tions for such feature are estimated to ex-
1120(a)(3) of the Water Resources Develop- rent and future effects of sea level rise or in- ceed 35 percent’’.
ment Act of 2016 (130 Stat. 1643). land flooding on relevant communities. SEC. 116. FEASIBILITY STUDIES; REVIEW OF NAT-
(b) ENVIRONMENTAL JUSTICE UPDATES.— (2) COORDINATION.—In carrying out this URAL AND NATURE-BASED FEA-
(1) IN GENERAL.—In the formulation of subsection, the Secretary shall— TURES.
water development resources projects, the (A) coordinate the review with the Engi- (a) TECHNICAL CORRECTION.—Section 1149(c)
Secretary shall comply with any existing Ex- neer Research and Development Center, of the Water Resources Development Act of
ecutive order regarding environmental jus- other Federal and State agencies, and other 2018 (33 U.S.C. 2282 note; 132 Stat. 3787) is
tice in effect as of the date of enactment of relevant entities; and amended by striking ‘‘natural infrastructure
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this Act to address any disproportionate and (B) to the maximum extent practicable and alternatives’’ and inserting ‘‘natural feature
adverse human health or environmental ef- where appropriate, utilize data provided to or nature-based feature alternatives (as such
fects on minority communities, low-income the Secretary by such agencies. terms are defined in section 1184 of the Water
communities, and Indian Tribes. (b) ASSESSMENT OF BENEFITS FROM AD- Resources Development Act of 2016 (32 U.S.C.
(2) UPDATE.—Not later than 1 year after DRESSING SEA LEVEL RISE AND INLAND FLOOD- 2289a))’’.
the date of enactment of this Act, the Sec- ING RESILIENCY IN FEASIBILITY REPORTS.— (b) SUMMARY OF ANALYSIS.—To the max-
retary shall review, and shall update, where (1) IN GENERAL.—Upon the request of a non- imum extent practicable, the Secretary shall
appropriate, any policies, regulations, and Federal interest, in carrying out a feasibility include in each feasibility report developed
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H6940 CONGRESSIONAL RECORD — HOUSE December 8, 2020
under section 905 of the Water Resources De- SEC. 118. PILOT PROGRAMS ON THE FORMULA- tures, that avoid or reduce at least 50 per-
velopment Act of 1986 (33 U.S.C. 2282) for a TION OF CORPS OF ENGINEERS cent of flood or storm damages in one or
project that contains a flood risk manage- PROJECTS IN RURAL COMMUNITIES
more of the alternatives included in the final
AND ECONOMICALLY DISADVAN-
ment or hurricane and storm damage risk re- alternatives evaluated.
TAGED COMMUNITIES.
duction element, a summary of the natural (6) NOTIFICATION.—The Secretary shall no-
(a) IN GENERAL.—The Secretary shall es-
feature or nature-based feature alternatives, tify the Committee on Transportation and
tablish and implement pilot programs, in ac-
along with their long-term costs and bene- Infrastructure of the House of Representa-
cordance with this section, to evaluate op-
fits, that were evaluated in the development tives and the Committee on Environment
portunities to address the flood risk manage-
of the feasibility report, and, if such alter- and Public Works of the Senate of the selec-
natives were not included in the rec- ment and hurricane and storm damage risk
reduction needs of rural communities and tion of each feasibility study under the pilot
ommended plan, an explanation of why such program.
alternatives were not included in the rec- economically disadvantaged communities.
(b) ECONOMICALLY DISADVANTAGED COMMU- (7) COMPLETION.—Upon completion of a fea-
ommended plan. sibility report for a feasibility study selected
NITY FLOOD PROTECTION AND HURRICANE AND
SEC. 117. FEDERAL INTEREST DETERMINATION. to be carried out under this subsection, the
STORM DAMAGE REDUCTION STUDY PILOT PRO-
Section 905 of the Water Resources Devel- Secretary shall transmit the report to Con-
GRAM.—
opment Act of 1986 (33 U.S.C. 2282) is amend- gress for authorization, and shall include the
(1) IN GENERAL.—Not later than 180 days
ed by inserting after subsection (a) the fol- report in the next annual report submitted
lowing: after the date of enactment of this Act, the
Secretary shall establish and implement a under section 7001 of the Water Resources
‘‘(b) FEDERAL INTEREST DETERMINATION.— Reform and Development Act of 2014 (33
‘‘(1) IN GENERAL.— pilot program to carry out feasibility stud-
ies, in accordance with this subsection, for U.S.C. 2282d).
‘‘(A) ECONOMICALLY DISADVANTAGED COMMU- (c) PILOT PROGRAM FOR THE RECOMMENDA-
NITIES.—In preparing a feasibility report flood risk management and hurricane and
TION OF FLOOD PROTECTION AND HURRICANE
under subsection (a) for a study that will storm damage risk reduction projects for
AND STORM DAMAGE REDUCTION PROJECTS IN
benefit an economically disadvantaged com- economically disadvantaged communities, in
coordination with non-Federal interests. RURAL COMMUNITIES AND ECONOMICALLY DIS-
munity, upon request by the non-Federal in- ADVANTAGED COMMUNITIES.—
terest for the study, the Secretary shall first (2) PARTICIPATION IN PILOT PROGRAM.—In
(1) IN GENERAL.—Not later than 180 days
determine the Federal interest in carrying carrying out paragraph (1), the Secretary
after the date of enactment of this Act, the
out the study and the projects that may be shall—
Secretary shall establish and implement a
proposed in the study. (A) publish a notice in the Federal Register
pilot program to evaluate, and make rec-
‘‘(B) OTHER COMMUNITIES.— that requests from non-Federal interests
ommendations to Congress on, flood risk
‘‘(i) AUTHORIZATION.—In preparing a feasi- proposals for the potential feasibility study
management projects and hurricane and
bility report under subsection (a) for a study of a flood risk management project or hurri-
storm damage risk reduction projects in
that will benefit a covered community, upon cane and storm damage risk reduction
rural communities or economically dis-
request by the non-Federal interest for the project for an economically disadvantaged
advantaged communities, without dem-
study, the Secretary may, with respect to community;
onstrating that each project is justified sole-
not more than 3 studies in each fiscal year, (B) upon request of a non-Federal interest
ly by national economic development bene-
first determine the Federal interest in car- for such a project, provide technical assist-
fits.
rying out the study and the projects that ance to such non-Federal interest in the for-
(2) CONSIDERATIONS.—In carrying out this
may be proposed in the study. mulation of a proposal for a potential feasi-
subsection, the Secretary may make a rec-
‘‘(ii) COVERED COMMUNITIES.—In this sub- bility study to be submitted to the Secretary
ommendation to Congress on up to 10
paragraph, the term ‘covered community’ under the pilot program; and
projects, without demonstrating that the
means a community that— (C) review such proposals and select 10 fea-
project is justified solely by national eco-
‘‘(I) is not an economically disadvantaged sibility studies for such projects to be car-
nomic development benefits, if the Secretary
community; and ried out by the Secretary, in coordination
determines that—
‘‘(II) the Secretary finds has a compelling with the non-Federal interest, under this
(A) the community to be served by the
need for the Secretary to make a determina- pilot program.
project is an economically disadvantaged
tion under clause (i). (3) SELECTION CRITERIA.—In selecting a fea-
community or a rural community;
‘‘(2) COST SHARE.—The costs of a deter- sibility study under paragraph (2)(C), the
(B) the long-term life safety, economic via-
mination under paragraph (1)— Secretary shall consider whether—
bility, and environmental sustainability of
‘‘(A) shall be at Federal expense; and (A) the percentage of people living in pov-
the community would be threatened without
‘‘(B) shall not exceed $200,000. erty in the county or counties (or county-
the project; and
‘‘(3) DEADLINE.—A determination under equivalent entity or entities) in which the
(C) the project is consistent with the re-
paragraph (1) shall be completed by not later project is located is greater than the per-
quirements of section 1 of the Flood Control
than 120 days after the date on which funds centage of people living in poverty in the
Act of 1936 (33 U.S.C. 701a).
are made available to the Secretary to carry State, based on census bureau data;
(3) CONSISTENCY.—In carrying out this sub-
out the determination. (B) the percentage of families with income
section, the Secretary shall ensure that
‘‘(4) TREATMENT.— above the poverty threshold but below the
project recommendations are consistent
‘‘(A) TIMING.—The period during which a average household income in the county or
with the principles and requirements and the
determination is being completed under counties (or county-equivalent entity or en-
interagency guidelines, as such terms are de-
paragraph (1) for a study shall not be in- tities) in which the project is located is
fined in section 110 of this Act, including the
cluded for purposes of the deadline to com- greater than such percentage for the State,
consideration of quantifiable monetary and
plete a final feasibility report under section based on census bureau data;
nonmonetary benefits of the project.
1001(a)(1) of the Water Resources Reform and (C) the percentage of the population that
(4) PRIORITIZATION.—The Secretary may
Development Act of 2014 (33 U.S.C. identifies as belonging to a minority or in-
give equivalent budgetary consideration and
2282c(a)(1)). digenous group in the county or counties (or
priority to projects recommended under this
‘‘(B) COST.—The cost of a determination county-equivalent entity or entities) in
subsection.
under paragraph (1) shall not be included for which the project is located is greater than
(d) GEOGRAPHIC DIVERSITY.—In selecting
purposes of the maximum Federal cost under the average such percentage in the State, feasibility studies under subsection (b)(2)(C)
section 1001(a)(2) of the Water Resources Re- based on census bureau data; and or in making project recommendations
form and Development Act of 2014 (33 U.S.C. (D) the project is addressing flooding or under subsection (c), the Secretary shall con-
2282c(a)(2)). hurricane or storm damage effects that have sider the geographic diversity among pro-
‘‘(5) REPORT TO NON-FEDERAL INTEREST.—If, a disproportionate impact on a rural commu- posed projects.
based on a determination under paragraph nity, a minority community, or an Indian (e) REPORT.—Not later than 5 years and 10
(1), the Secretary determines that a study or Tribe. years after the date of enactment of this
project is not in the Federal interest because (4) ADMINISTRATION.—Notwithstanding the Act, the Secretary shall submit to the Com-
the project will not result, or is unlikely to requirements of section 105(a)(1)(A) of the mittee on Transportation and Infrastructure
result, in a recommended plan that will Water Resources Development Act of 1986 (33 of the House of Representatives and the
produce national economic development ben- U.S.C. 2215), the Federal share of the cost of Committee on Environment and Public
efits greater than cost, but may result in a a feasibility study carried out under the Works of the Senate, and make publicly
technically sound and environmentally ac- pilot program shall be 100 percent. available, a report detailing the results of
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ceptable plan that is otherwise consistent (5) STUDY REQUIREMENTS.—Feasibility stud- the pilot programs carried out under this
with section 904 of the Water Resources De- ies carried out under this subsection shall, to section, including—
velopment Act of 1986 (33 U.S.C. 2281), the the maximum extent practicable, incor- (1) a description of proposals received from
Secretary shall issue a report to the non- porate natural features or nature-based fea- non-Federal interests pursuant to subsection
Federal interest with recommendations on tures (as such terms are defined in section (b)(2)(A);
how the non-Federal interest might modify 1184 of the Water Resources Development (2) a description of technical assistance
the proposal such that the project could be Act of 2016 (33 U.S.C. 2289a)), or a combina- provided to non-Federal interests under sub-
in the Federal interest and feasible.’’. tion of such features and nonstructural fea- section (b)(2)(B);
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December 8, 2020 CONGRESSIONAL RECORD — HOUSE H6941
(3) a description of proposals selected in paragraph (1) exceeds $17,500,000, the Sec- (B) in paragraph (1), in the heading, by
under subsection (b)(2)(C) and criteria used retary shall submit the project recommenda- striking ‘‘IN GENERAL’’ and inserting ‘‘LEVEE
to select such proposals; tion to Congress for authorization prior to OWNER’S MANUAL’’;
(4) a description of the projects evaluated construction, and shall include the project (C) by redesignating paragraphs (2) and (3)
or recommended by the Secretary under sub- recommendation in the next annual report as paragraphs (3) and (4), respectively, and
section (c); submitted under section 7001 of the Water inserting after paragraph (1) the following:
(5) a description of the quantifiable mone- Resources Reform and Development Act of ‘‘(2) COMPLIANCE.—
tary and nonmonetary benefits associated 2014. ‘‘(A) IN GENERAL.—Notwithstanding the
with the projects recommended under sub- (C) FINANCING.— status of compliance of a non-Federal inter-
section (c); and (i) CONTRIBUTIONS.—If, based on a study est with the requirements of a levee owner’s
(6) any recommendations to Congress on carried out pursuant to paragraph (1), the manual described in paragraph (1), or with
how the Secretary can address the flood risk Secretary determines that a project de- any other eligibility requirement established
management and hurricane and storm dam- scribed in paragraph (1) will not produce ben- by the Secretary related to the maintenance
age risk reduction needs of economically dis- efits greater than cost, the Secretary shall and upkeep responsibilities of the non-Fed-
advantaged communities. allow the affected community to pay, or pro- eral interest, the Secretary shall consider
(f) STATE DEFINED.—In this section, the vide contributions equal to, an amount suffi- the non-Federal interest to be eligible for re-
term ‘‘State’’ means each of the several cient to make the remaining costs of design pair and rehabilitation assistance under this
States, the District of Columbia, and each of and construction of the project equal to the section if the non-Federal interest—
the commonwealths, territories, and posses- estimated value of the benefits of the ‘‘(i) enters into a written agreement with
sions of the United States. project. the Secretary that identifies any items of de-
(g) SUNSET.—The authority to commence a (ii) EFFECT ON NON-FEDERAL SHARE.— ferred or inadequate maintenance and up-
feasibility study under subsection (b), and Amounts provided by an affected community keep identified by the Secretary prior to the
the authority make a recommendation under under clause (i) shall be in addition to any natural disaster; and
subsection (c), shall terminate on the date payments or contributions the affected com- ‘‘(ii) pays, during performance of the repair
that is 10 years after the date of enactment munity is required to provide toward the re- and rehabilitation work, all costs to ad-
of this Act. maining costs of design and construction of dress—
SEC. 119. PERMANENT MEASURES TO REDUCE the project under section 103 of the Water ‘‘(I) any items of deferred or inadequate
EMERGENCY FLOOD FIGHTING Resources Development Act of 1986 (33 U.S.C. maintenance and upkeep identified by the
NEEDS FOR COMMUNITIES SUBJECT 2213).
TO REPETITIVE FLOODING. Secretary; and
(4) ABILITY TO PAY.— ‘‘(II) any repair or rehabilitation work nec-
(a) DEFINITIONS.—In this section: (A) IN GENERAL.—Any cost-sharing agree-
(1) AFFECTED COMMUNITY.—The term ‘‘af- essary to address damage the Secretary at-
ment for a project entered into pursuant to tributes to such deferred or inadequate
fected community’’ means a legally con- this section shall be subject to the ability of
stituted public body (as that term is used in maintenance or upkeep.
the affected community to pay. ‘‘(B) ELIGIBILITY.—The Secretary may only
section 221(b) of the Flood Control Act of (B) DETERMINATION.—The ability of any af-
1970 (42 U.S.C. 1962d–5b(b))— enter into one agreement under subpara-
fected community to pay shall be deter-
(A) with jurisdiction over an area that has graph (A) with any non-Federal interest.
mined by the Secretary in accordance with
been subject to flooding in two or more ‘‘(C) SUNSET.—The authority of the Sec-
procedures established by the Secretary.
events in any 10-year period; and retary to enter into agreements under para-
(C) EFFECT OF REDUCTION.—Any reduction
(B) that has received emergency flood- graph (2) shall terminate on the date that is
in the non-Federal share of the cost of a
fighting assistance, including construction 5 years after the date of enactment of this
project described in paragraph (1) as a result
of temporary barriers by the Secretary, paragraph.’’; and
of a determination under this paragraph
under section 5 of the Act of August 18, 1941 (D) in paragraph (3) (as so redesignated), by
shall not be included in the Federal share for
(33 U.S.C. 701n) with respect to such flood striking ‘‘this subsection’’ and inserting
purposes of subparagraphs (A) and (B) of
events. ‘‘paragraph (1)’’.
paragraph (3).
(2) NATURAL FEATURE; NATURE-BASED FEA- SEC. 120. EMERGENCY RESPONSE TO NATURAL SEC. 121. COST AND BENEFIT FEASIBILITY AS-
TURE.—The terms ‘‘natural feature’’ and ‘‘na- DISASTERS. SESSMENT.
ture-based feature’’ have the meanings given Section 5 of the Act of August 18, 1941 (33 Section 1161(b) of the Water Resources De-
those terms in section 1184 of the Water Re- U.S.C. 701n) is amended— velopment Act of 2018 (33 U.S.C. 701n note) is
sources Development Act of 2016 (33 U.S.C. (1) in subsection (a)— amended—
2289a). (A) in paragraph (2)(B)— (1) in the matter preceding paragraph (1)—
(b) PROGRAM.— (i) in clause (i)(I), by inserting ‘‘, or pro- (A) by striking the ‘‘three fiscal years pre-
(1) IN GENERAL.—The Secretary is author- vide contributions equal to,’’ after ‘‘pay’’; ceding’’ and inserting ‘‘five fiscal years pre-
ized to carry out a program to study, design, and ceding’’; and
and construct water resources development (ii) in clause (ii)— (B) by striking ‘‘last day of the third fiscal
projects through measures involving, among (I) in the heading, by inserting ‘‘AND CON- year’’ and inserting ‘‘last day of the fifth fis-
other things, strengthening, raising, extend- TRIBUTIONS’’ after ‘‘OF PAYMENTS’’; cal year’’;
ing, realigning, or otherwise modifying ex- (II) by inserting ‘‘or contributions’’ after (2) in paragraph (1), by inserting ‘‘, or pro-
isting flood control works, designing new ‘‘Non-Federal payments’’; and vide contributions equal to,’’ before ‘‘an
works, and incorporating natural features, (III) by inserting ‘‘or contributions’’ after amount sufficient’’; and
nature-based features, or nonstructural fea- ‘‘non-Federal payments’’; and (3) by striking paragraph (2) and inserting
tures, as appropriate to provide flood and (B) by adding at the end the following: the following:
coastal storm risk management to affected ‘‘(5) FEASIBILITY STUDY.— ‘‘(2) the Secretary determines that the
communities. ‘‘(A) DETERMINATION.—Not later than 180 damage to the structure was not as a result
(2) CONSIDERATIONS.—In carrying out para- days after receiving, from a non-Federal of negligent operation or maintenance.’’.
graph (1), the Secretary shall, to the max- sponsor of a project to repair or rehabilitate SEC. 122. EXPEDITING REPAIRS AND RECOVERY
imum extent practical, review and, where a flood control work described in paragraph FROM FLOODING.
appropriate, incorporate natural features or (1), a request to initiate a feasibility study (a) IN GENERAL.—To the maximum extent
nature-based features, or a combination of to further modify the relevant flood control practicable, during the 5-year period begin-
such features and nonstructural features, work to provide for an increased level of pro- ning on the date of enactment of this Act,
that avoid or reduce at least 50 percent of tection, the Secretary shall provide to the the Secretary shall prioritize and expedite
flood or storm damages in one or more of the non-Federal sponsor a written decision on the processing of applications for permits
alternatives included in the final alter- whether the Secretary has the authority under section 10 of the Act of March 3, 1899
natives evaluated. under section 216 of the Flood Control Act of (33 U.S.C. 403), and section 404 of the Federal
(3) CONSTRUCTION.— 1970 (33 U.S.C. 549a) to undertake the re- Water Pollution Control Act (33 U.S.C. 1344),
(A) IN GENERAL.—The Secretary may carry quested feasibility study. and permissions under section 14 of the Act
out a project described in paragraph (1) with- ‘‘(B) RECOMMENDATION.—If the Secretary of March 3, 1899 (33 U.S.C. 408), to complete
out further congressional authorization if— determines under subparagraph (B) that the repairs, reconstruction (including improve-
(i) the Secretary determines that the Secretary does not have the authority to un- ments), and upgrades to flood control infra-
project— dertake the requested feasibility study, the structure damaged by flooding events during
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(I) is advisable to reduce the risk of flood- Secretary shall include the request for a fea- calendar years 2017 through 2020, including
ing for an affected community; and sibility study in the annual report submitted flooding events caused by ice jams.
(II) produces benefits that are in excess of under section 7001 of the Water Resources (b) SAVINGS PROVISION.—Nothing in this
the estimated costs; and Reform and Development Act of 2014.’’; and section affects any obligation to comply
(ii) the Federal share of the cost of the (2) in subsection (c)— with the requirements of any Federal law,
construction does not exceed $17,500,000. (A) in the subsection heading, by striking including—
(B) SPECIFIC AUTHORIZATION.—If the Fed- ‘‘LEVEE OWNERS MANUAL’’ and inserting (1) the National Environmental Policy Act
eral share of the cost of a project described ‘‘ELIGIBILITY’’; of 1969 (42 U.S.C. 4321 et seq.);
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H6942 CONGRESSIONAL RECORD — HOUSE December 8, 2020
(2) the Federal Water Pollution Control based on the criteria in subsection (c), in- (II) in subparagraph (B), by striking ‘‘flood
Act (33 U.S.C. 1251 et seq.); and cluding information about the request and and storm damage and flood reduction bene-
(3) the Endangered Species Act of 1973 (16 the reasons for the Secretary’s determina- fits’’ and inserting ‘‘hurricane and storm or
U.S.C. 1531 et seq.). tion.’’. flood risk reduction benefits’’; and
SEC. 123. REVIEW OF CORPS OF ENGINEERS AS- SEC. 124. SENSE OF CONGRESS ON MULTIPUR- (ii) by adding at the end the following:
SETS. POSE PROJECTS. ‘‘(5) SELECTION OF DREDGED MATERIAL DIS-
Section 6002 of the Water Resources Re- It is the sense of Congress that the Sec- POSAL METHOD FOR CERTAIN PURPOSES.—Ac-
form and Development Act of 2014 (128 Stat. retary, in coordination with non-Federal in- tivities carried out under this subsection—
1349) is amended to read as follows: terests, should maximize the development, ‘‘(A) shall be carried out using amounts ap-
evaluation, and recommendation of project propriated for construction or operation and
‘‘SEC. 6002. REVIEW OF CORPS OF ENGINEERS AS-
SETS. alternatives for future water resources devel- maintenance of the project involving the dis-
opment projects that produce multiple posal of the dredged material; and
‘‘(a) ASSESSMENT.—The Secretary shall
project benefits, such as navigation, flood ‘‘(B) shall not carried out using amounts
conduct an assessment of projects con-
risk management, and ecosystem restoration made available under subsection (g).’’.
structed by the Secretary for which the Sec- benefits, including through the use of nat- (b) BENEFICIAL USE OF DREDGED MATE-
retary continues to have financial or oper- ural or nature-based features and the bene- RIAL.—
ational responsibility. ficial use of dredged material. (1) PILOT PROGRAM PROJECTS.—Section 1122
‘‘(b) INVENTORY.—Not later than 18 months SEC. 125. BENEFICIAL USE OF DREDGED MATE- of the Water Resources Development Act of
after the date of enactment of the Water Re- RIAL; DREDGED MATERIAL MANAGE- 2016 (33 U.S.C. 2326 note) is amended—
sources Development Act of 2020, the Sec- MENT PLANS. (A) in subsection (a)—
retary shall, based on the assessment carried (a) NATIONAL POLICY ON THE BENEFICIAL (i) in paragraph (6), by striking ‘‘; and’’ and
out under subsection (a), develop an inven- USE OF DREDGED MATERIAL.— inserting a semicolon;
tory of projects or portions of projects— (1) IN GENERAL.—It is the policy of the (ii) in paragraph (7)(C), by striking the pe-
‘‘(1) that are not needed for the missions of United States for the Corps of Engineers to riod at the end and inserting ‘‘; and’’; and
the Corps of Engineers; maximize the beneficial use, in an environ- (iii) by adding at the end the following:
‘‘(2) the modification of which, including mentally acceptable manner, of suitable ‘‘(8) recovering lost storage capacity in res-
though the use of structural features, non- dredged material obtained from the con- ervoirs due to sediment accumulation, if the
structural features, or natural features or struction or operation and maintenance of project also has a purpose described in any of
nature-based features (as those terms are de- water resources development projects. paragraphs (1) through (7).’’;
fined in section 1184(a) of the Water Re- (2) PLACEMENT OF DREDGED MATERIALS.— (B) in subsection (b)(1), by striking ‘‘20’’
sources Development Act of 2016 (33 U.S.C. (A) IN GENERAL.—In evaluating the place- and inserting ‘‘35’’; and
2289a(a)), could improve the sustainable op- ment of dredged material obtained from the (C) in subsection (g), by striking ‘‘20’’ and
erations of the project, or reduce operation construction or operation and maintenance inserting ‘‘35’’.
and maintenance costs for the project; or of water resources development projects, the (2) SENSE OF CONGRESS.—It is the sense of
‘‘(3) that are no longer having project pur- Secretary shall consider— Congress that the Secretary, in selecting
poses adequately met by the Corps of Engi- (i) the suitability of the dredged material projects for the beneficial use of dredged ma-
neers, because of deferment of maintenance for a full range of beneficial uses; and terials under section 1122 of the Water Re-
or other challenges, and the divestment of (ii) the economic and environmental bene- sources Development Act of 2016 (33 U.S.C.
which to a non-Federal entity could better fits, efficiencies, and impacts (including the 2326 note), should ensure the thorough eval-
meet the local and regional needs for oper- effects on living coral) of using the dredged uation of project submissions from rural,
ation and maintenance. material for beneficial uses, including, in the small, and economically disadvantaged com-
‘‘(c) CRITERIA.—In conducting the assess- case of beneficial use activities that involve munities.
ment under subsection (a) and developing the more than one water resources development (3) PROJECT SELECTION.—In selecting
inventory under subsection (b), the Sec- project, the benefits, efficiencies, and im- projects for the beneficial use of dredged ma-
retary shall use the following criteria: pacts that result from the combined activi- terials under section 1122 of the Water Re-
‘‘(1) The extent to which the project aligns ties. sources Development Act of 2016 (33 U.S.C.
with the current missions of the Corps of En- (B) CALCULATION OF FEDERAL STANDARD.— 2326 note), the Secretary shall prioritize the
gineers. (i) DETERMINATION.—The economic benefits selection of at least one project for the utili-
‘‘(2) The economic and environmental im- and efficiencies from the beneficial use of zation of thin layer placement of dredged
pacts of the project on existing communities dredged material considered by the Sec- fine and coarse grain sediment and at least
in the vicinity of the project. retary under subparagraph (A) shall be in- one project for recovering lost storage capac-
‘‘(3) The extent to which the divestment or cluded in any determination relating to the ity in reservoirs due to sediment accumula-
modification of the project could reduce op- ‘‘Federal standard’’ by the Secretary under tion authorized by subsection (a)(8) of such
eration and maintenance costs of the Corps section 335.7 of title 33, Code of Federal Reg- section, to the extent that a non-Federal in-
of Engineers. ulations, for the placement or disposal of terest has submitted an application for such
‘‘(4) The extent to which the divestment or such material. project purposes that otherwise meets the
modification of the project is in the public (ii) REPORTS.—The Secretary shall submit requirements of such section.
interest. to Congress— (4) TEMPORARY EASEMENTS.—Section 1148 of
‘‘(5) The extent to which investment of ad- (I) a report detailing the method and all of the Water Resources Development Act of
ditional Federal resources in the project pro- the factors utilized by the Corps of Engineers 2018 (33 U.S.C. 2326 note) is amended—
posed for divestment or modification, includ- to determine the Federal standard referred (A) in subsection (a)—
ing investment needed to bring the project to in clause (i); and (i) by striking ‘‘grant’’ and inserting ‘‘ap-
to a good state of repair, is in the public in- (II) for each evaluation under subpara- prove’’; and
terest. graph (A), a report displaying the calcula- (ii) by striking ‘‘granting’’ and inserting
‘‘(6) The extent to which the authorized tions for economic and environmental bene- ‘‘approving’’; and
purpose of the project is no longer being met. fits and efficiencies from the beneficial use (B) in subsection (b), by striking ‘‘grants’’
‘‘(d) RECOMMENDATIONS OF NON-FEDERAL of dredged material (including, where appro- and inserting ‘‘approves’’.
INTERESTS.—A non-Federal interest for a priate, the utilization of alternative dredg- (c) FIVE-YEAR REGIONAL DREDGED MATE-
project may recommend that the Secretary ing equipment and dredging disposal meth- RIAL MANAGEMENT PLANS.—
include such project in the assessment or in- ods) considered by the Secretary under such (1) IN GENERAL.—Not later than 1 year after
ventory required under this section. subparagraph for the placement or disposal the date of enactment of this Act, and annu-
‘‘(e) REPORT TO CONGRESS.— of such material. ally thereafter, the District Commander of
‘‘(1) IN GENERAL.—Upon completion of the (C) SELECTION OF DREDGED MATERIAL DIS- each district of the Corps of Engineers that
inventory required by subsection (b), the POSAL METHOD FOR CERTAIN PURPOSES.—Sec- obtains dredged material through the con-
Secretary shall submit to the Committee on tion 204(d) of the Water Resources Develop- struction or operation and maintenance of a
Environment and Public Works of the Senate ment Act of 1992 (33 U.S.C. 2326(d)) is amend- water resources development project shall,
and the Committee on Transportation and ed— at Federal expense, develop and submit to
Infrastructure of the House of Representa- (i) in paragraph (1)— the Secretary a 5-year dredged material
tives, and make publicly available, a report (I) in the matter preceding subparagraph management plan in coordination with rel-
containing the findings of the Secretary with (A), by striking ‘‘In developing’’ and all that evant State agencies and stakeholders.
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respect to the assessment and inventory re- follows through ‘‘the non-Federal interest,’’ (2) SCOPE.—Each plan developed under this
quired under this section. and inserting ‘‘At the request of the non- subsection shall include—
‘‘(2) INCLUSION.—The Secretary shall list in Federal interest for a water resources devel- (A) a dredged material budget for each wa-
an appendix any recommendation of a non- opment project involving the disposal of tershed or littoral system within the dis-
Federal interest made with respect to a dredged material, the Secretary, using funds trict;
project under subsection (d) that the Sec- appropriated for construction or operation (B) an estimate of the amount of dredged
retary determines not to include in the in- and maintenance of the project, may select’’; material likely to be obtained through the
ventory developed under subsection (b), and construction or operation and maintenance
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December 8, 2020 CONGRESSIONAL RECORD — HOUSE H6943
of all water resources development projects tion with Federal regional dredge dem- ‘‘(VII) section 206 of the Water Resources
projected to be carried out within the dis- onstration programs in effect on the date of Development Act of 1996 (33 U.S.C. 2330);
trict during the 5-year period following sub- enactment of this Act. ‘‘(VIII) section 2 of the Act of August 28,
mission of the plan, and the estimated tim- SEC. 126. AQUATIC ECOSYSTEM RESTORATION 1937 (33 U.S.C. 701g); and
ing for obtaining such dredged material; FOR ANADROMOUS FISH. ‘‘(IX) section 1135 of the Water Resources
(C) an identification of potential water re- (a) ANADROMOUS FISH HABITAT AND PAS- Development Act of 1986 (33 U.S.C. 2309a).’’;
sources development projects projected to be SAGE.—Section 206 of the Water Resources and
carried out within the district during such 5- Development Act of 1996 (33 U.S.C. 2330) is (B) in paragraph (4)(B)—
year period that are suitable for, or that re- amended— (i) in clause (i), by striking ‘‘and’’ at the
quire, the placement of dredged material, (1) in subsection (a), by adding at the end end;
and an estimate of the amount of dredged the following: (ii) by redesignating clause (ii) as clause
material placement capacity of such ‘‘(3) ANADROMOUS FISH HABITAT AND PAS- (iii); and
projects; SAGE.— (iii) by inserting after clause (i) the fol-
(D) an evaluation of— ‘‘(A) MEASURES.—A project under this sec- lowing:
(i) the suitability of the dredged material tion may include measures to improve habi- ‘‘(ii) the Secretary shall not include pro-
for a full range of beneficial uses; and tat or passage for anadromous fish, includ- posals in the appendix of the annual report
(ii) the economic and environmental bene- ing— that otherwise meet the criteria for inclu-
fits, efficiencies, and impacts (including the ‘‘(i) installing fish bypass structures on sion in the annual report solely on the basis
effects on living coral) of using the dredged small water diversions; that the proposals are for the purposes of
material for beneficial uses, including, in the ‘‘(ii) modifying tide gates; and navigation, flood risk management, eco-
case of beneficial use activities that involve ‘‘(iii) restoring or reconnecting floodplains system restoration, or municipal or agricul-
more than one water resources development and wetlands that are important for anad- tural water supply; and’’; and
project, the benefits, efficiencies, and im- romous fish habitat or passage. (2) in subsection (g)(5), by striking ‘‘if au-
pacts that result from the combined activi- ‘‘(B) BENEFITS.—A project that includes thorized’’ and all that follows through
ties; measures under this paragraph shall be for- ‘‘2016’’.
(E) the district-wide goals for beneficial mulated to maximize benefits for the anad- (b) OVER-BUDGET CAP PROGRAMS.—For any
use of the dredged material, including any romous fish species benefitted by the project carried out under a continuing au-
expected cost savings from aligning and co- project.’’; and thority program, as such term is defined in
ordinating multiple projects (including (2) by adding at the end the following: section 7001(c)(1)(D) of the Water Resources
projects across Corps districts) in the use of ‘‘(g) PRIORITIZATION.—The Secretary shall Reform and Development Act of 2014 (33
the dredged material; and give projects that include measures de- U.S.C. 2282d)), for which the Secretary is re-
(F) a description of potential beneficial use scribed in subsection (a)(3) equal priority for quired to include a proposed modification in
projects identified through stakeholder so- implementation as other projects under this an annual report under such section
licitation and coordination. section.’’. 7001(c)(1)(D), the Secretary shall, to the ex-
(3) PUBLIC COMMENT.—In developing each SEC. 127. ANNUAL REPORT TO CONGRESS ON tent practicable, inform the non-Federal in-
plan under this subsection, each District WATER RESOURCES INFRASTRUC-
terest of the process for carrying out the
Commander shall provide notice and an op- TURE.
project pursuant to section 105 of the Water
portunity for public comment, including a (a) IN GENERAL.—Section 7001 of the Water
Resources Development Act of 1986 (33 U.S.C.
solicitation for stakeholders to identify ben- Resources Reform and Development Act of
2215) and whether the Secretary has the au-
eficial use projects, in order to ensure, to the 2014 (33 U.S.C. 2282d) is amended—
thority to complete a feasibility study for
extent practicable, that beneficial use of (1) in subsection (c)—
the project.
dredged material is not foregone in a par- (A) in paragraph (1)— (c) ANNUAL REPORT ON STATUS OF FEASI-
ticular fiscal year or dredging cycle. (i) in subparagraph (B)(ii)(III), by inserting BILITY STUDIES.—Concurrent with each re-
(4) PUBLIC AVAILABILITY.—Upon submission ‘‘, regional, or local’’ after ‘‘national’’; and port submitted under section 7001 of the
of each plan to the Secretary under this sub- (ii) by adding at the end the following: Water Resources Reform and Development
section, each District Commander shall ‘‘(D) MODIFICATIONS OF PROJECTS CARRIED Act of 2014 (33 U.S.C. 2282d), the Secretary
make the plan publicly available, including OUT PURSUANT TO CONTINUING AUTHORITY PRO- shall submit to the Committee on Transpor-
on a publicly available website. GRAMS.— tation and Infrastructure of the House of
(5) TRANSMISSION TO CONGRESS.—As soon as ‘‘(i) IN GENERAL.—With respect to a project Representatives and the Committee on Envi-
practicable after receiving a plan under sub- being carried out pursuant to a continuing ronment and Public Works of the Senate a
section (a), the Secretary shall transmit the authority program for which a proposed report that provides for an accounting of all
plan to Congress. modification is necessary because the outstanding feasibility studies being con-
(6) REGIONAL SEDIMENT MANAGEMENT project is projected to exceed, in the coming ducted by the Secretary, including, for each
PLANS.—A plan developed under this sec- fiscal year, the maximum Federal cost of the such study, its length, cost, and expected
tion— project, the Secretary shall include a pro- completion date.
(A) shall be in addition to regional sedi- posed modification in the annual report if SEC. 128. HARMFUL ALGAL BLOOM DEMONSTRA-
ment management plans prepared under sec- the proposed modification will result in com- TION PROGRAM.
tion 204(a) of the Water Resources Develop- pletion of construction the project and the (a) IN GENERAL.—The Secretary shall carry
ment Act of 1992 (33 U.S.C. 2326(a)); and justification for the modification is not the out a demonstration program to determine
(B) shall not be subject to the limitations result of a change in the scope of the project. the causes of, and implement measures to ef-
in section 204(g) of the Water Resources De- ‘‘(ii) INCLUSION.—For each proposed modi- fectively detect, prevent, treat, and elimi-
velopment Act of 1992 (33 U.S.C. 2326(g)). fication included in an annual report under nate, harmful algal blooms associated with
(d) DREDGE PILOT PROGRAM.— clause (i), the Secretary shall include in the water resources development projects.
(1) REVISIONS.—Section 1111 of the Water annual report— (b) CONSULTATION; USE OF EXISTING DATA
Resources Development Act of 2018 (33 U.S.C. ‘‘(I) a justification of why the modification AND PROGRAM AUTHORITIES.—In carrying out
2326 note) is amended— is necessary; the demonstration program under subsection
(A) in subsection (a), by striking ‘‘for the ‘‘(II) an estimate of the total cost and (a), the Secretary shall—
operation and maintenance of harbors and timeline required to complete construction (1) consult with the heads of appropriate
inland harbors’’ and all that follows through of the project; and Federal and State agencies; and
the period at the end and inserting the fol- ‘‘(III) an indication of continued support (2) make maximum use of existing Federal
lowing: ‘‘for the operation and maintenance by the non-Federal interest and the financial and State data and ongoing programs and ac-
of— ability of the non-Federal interest to provide tivities of Federal and State agencies, in-
‘‘(1) harbors and inland harbors referred to the required cost-share. cluding the activities of the Secretary car-
in section 210(a)(2) of the Water Resources ‘‘(iii) DEFINITION.—For the purposes of this ried out through the Engineer Research and
Development Act of 1986 (33 U.S.C. 2238(a)(2)); subparagraph, the term ‘continuing author- Development Center pursuant to section 1109
or ity program’ means any of— of the Water Resources Development Act of
‘‘(2) inland and intracoastal waterways of ‘‘(I) section 14 of the Flood Control Act of 2018 (33 U.S.C. 610 note).
the United States described in section 206 of 1946 (33 U.S.C. 701r); (c) FOCUS AREAS.—In carrying out the dem-
the Inland Waterways Revenue Act of 1978 ‘‘(II) section 3 of the Act of August 13, 1946 onstration program under subsection (a), the
(33 U.S.C. 1804).’’; and (33 U.S.C. 426g); Secretary shall undertake program activi-
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(B) in subsection (b), by striking ‘‘or inland ‘‘(III) section 107 of the River and Harbor ties related to harmful algal blooms in the
harbors’’ and inserting ‘‘, inland harbors, or Act of 1960 (33 U.S.C. 577); Great Lakes, the tidal and inland waters of
inland or intracoastal waterways’’. ‘‘(IV) section 111 of the River and Harbor the State of New Jersey, the coastal and
(2) COORDINATION WITH EXISTING AUTHORI- Act of 1968 (33 U.S.C. 426i); tidal waters of the State of Louisiana, the
TIES.—The Secretary may carry out the ‘‘(V) section 204 of the Water Resources De- waterways of the counties that comprise the
dredge pilot program authorized by section velopment Act of 1992 (33 U.S.C. 2326); Sacramento-San Joaquin Delta, California,
1111 of the Water Resources Development ‘‘(VI) section 205 of the Flood Control Act the Allegheny Reservoir Watershed, New
Act of 2018 (33 U.S.C. 2326 note) in coordina- of 1948 (33 U.S.C. 701s); York, and Lake Okeechobee, Florida.
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H6944 CONGRESSIONAL RECORD — HOUSE December 8, 2020
(d) ADDITIONAL FOCUS AREAS.—In addition sources development project, and to provide (ii) by striking clause (iv) and inserting the
to the areas described in subsection (c), in reimbursement to such non-Federal interest following:
carrying out the demonstration program or private entity for such materials, serv- ‘‘(iv) fails to meet minimum dam safety
under subsection (a), the Secretary shall un- ices, and funds, in the Secretary’s sole dis- standards of the State in which the dam is
dertake program activities related to harm- cretion, and subject to the availability of ap- located, as determined by the State; and
ful algal blooms at any Federal reservoir lo- propriations, if the Secretary determines ‘‘(v) poses an unacceptable risk to the pub-
cated in the Upper Missouri River Basin or that reimbursement is in the public interest. lic, as determined by the Administrator, in
the North Platte River Basin, at the request (c) ADDITIONAL REQUIREMENT.—The Sec- consultation with the Board.’’; and
and expense of another Federal agency. retary may only reimburse for the use of ma- (B) in subparagraph (B)(i), by inserting
(e) AUTHORIZATION OF APPROPRIATIONS.— terials or services accepted under this sec- ‘‘under a hydropower project with an author-
There is authorized to be appropriated to the tion if such materials or services meet the ized installed capacity of greater than 1.5
Secretary $25,000,000 to carry out this sec- Secretary’s specifications and comply with megawatts’’ after ‘‘dam’’; and
tion. Such sums shall remain available until all applicable laws and regulations that (2) in paragraph (10)—
expended. would apply if such materials and services (A) in the heading, by striking ‘‘NON-FED-
SEC. 129.
MISSOURI RIVER INTERCEPTION- were acquired by the Secretary, including ERAL SPONSOR’’ and inserting ‘‘ELIGIBLE SUB-
REARING COMPLEX CONSTRUCTION. sections 3141 through 3148 and 3701 through RECIPIENT’’; and
(a) REPORT.—Not later than 1 year after 3708 of title 40, United States Code, section (B) by striking ‘‘The term ‘non-Federal
the date of enactment of this Act, and annu- 8302 of title 41, United States Code, and the sponsor’ ’’ and inserting ‘‘The term ‘eligible
ally thereafter, the Secretary shall submit National Environmental Policy Act of 1969. subrecipient’ ’’.
to the Committee on Transportation and In- (d) AGREEMENTS.— (b) REHABILITATION OF HIGH HAZARD POTEN-
frastructure of the House of Representatives (1) IN GENERAL.—Prior to the acceptance of TIAL DAMS.—
and the Committee on Environment and materials, services, or funds under this sec- (1) ESTABLISHMENT OF PROGRAM.—Section
Public Works of the Senate a report on the tion, the Secretary and the non-Federal in- 8A(a) of the National Dam Safety Program
effects of any interception-rearing complex terest or private entity shall enter into an Act (33 U.S.C. 467f–2(a)) is amended by strik-
constructed on the Missouri River on— agreement that specifies— ing ‘‘to non-Federal sponsors’’ and inserting
(1) flood risk management and navigation; (A) the non-Federal interest or private en- ‘‘to States with dam safety programs’’.
and tity shall hold and save the United States (2) ELIGIBLE ACTIVITIES.—Section 8A(b) of
(2) the population recovery of the pallid free from any and all damages that arise the National Dam Safety Program Act (33
sturgeon, including baseline population from use of materials or services of the non- U.S.C. 467f–2(b)) is amended, in the matter
counts. Federal interest or private entity, except for preceding paragraph (1), by striking ‘‘for a
(b) NO ADDITIONAL IRC CONSTRUCTION.— damages due to the fault or negligence of the project may be used for’’ and inserting ‘‘to a
The Secretary may not authorize construc- United States or its contractors; State may be used by the State to award
tion of an interception-rearing complex on (B) the non-Federal interest or private en- grants to eligible subrecipients for’’.
the Missouri River until the Secretary— (3) AWARD OF GRANTS.—Section 8A(c) of the
tity shall certify that the materials or serv-
(1) submits the report required by sub- National Dam Safety Program Act (33 U.S.C.
ices comply with all applicable laws and reg-
section (a); 467f–2(c)) is amended—
ulations under subsection (c); and
(2) acting through the Engineer Research (A) in paragraph (1)(A), by striking ‘‘non-
(C) any other term or condition required
and Development Center, conducts further Federal sponsor’’ and inserting ‘‘State’’; and
by the Secretary.
research on interception-rearing complex de- (B) in paragraph (2)—
(2) EXCEPTION.—If an agreement under
sign, including any effects on existing flows, (i) in subparagraph (A), by striking ‘‘an eli-
paragraph (1) was not entered prior to mate-
flood risk management, and navigation; and gible high hazard potential dam to a non-
rials or services being contributed, a non-
(3) develops a plan— Federal sponsor’’ and inserting ‘‘eligible high
Federal interest or private entity shall enter
(A) to repair dikes and revetments that are hazard potential dams to a State’’;
into an agreement with the Secretary that—
affecting flood risk and bank erosion; and (ii) in subparagraph (B)—
(A) specifies the value, as determined by (I) in the subparagraph heading, by strik-
(B) to establish, repair, or improve water the Secretary, of those materials or services
control structures at the headworks of con- ing ‘‘PROJECT GRANT’’ and inserting
contributed and eligible for reimbursement; ‘‘GRANT’’;
structed shallow water habitat side-chan- and
nels. (II) by striking ‘‘project grant agreement
(B) ensures that the materials or services with the non-Federal sponsor’’ and inserting
(c) FUTURE IRC CONSTRUCTION.— comply with subsection (c) and paragraph
(1) PUBLIC COMMENT.—The Secretary shall ‘‘grant agreement with the State’’; and
(1). (III) by striking ‘‘project,’’ and inserting
provide an opportunity for comment from
SEC. 131. LEVEE SAFETY. ‘‘projects for which the grant is awarded,’’;
the public and the Governor of each affected
Section 9004 of the Water Resources Devel- (iii) by amending subparagraph (C) to read
State on any proposals to construct an inter-
opment Act of 2007 (33 U.S.C. 3303) is amend- as follows:
ception-rearing complex after the date of en-
ed by adding at the end the following: ‘‘(C) GRANT ASSURANCE.—As part of a grant
actment of this Act.
‘‘(d) IDENTIFICATION OF DEFICIENCIES.— agreement under subparagraph (B), the Ad-
(2) PERIOD.—The public comment period re-
‘‘(1) IN GENERAL.—For each levee included ministrator shall require that each eligible
quired by paragraph (1) shall be not less than
in an inventory established under subsection subrecipient to which the State awards a
90 days for each proposal to construct an
(b) or for which the Secretary has conducted grant under this section provides an assur-
interception-rearing complex on the Mis-
a review under subsection (c), the Secretary ance, with respect to the dam to be rehabili-
souri River.
shall— tated by the eligible subrecipient, that the
SEC. 130. MATERIALS, SERVICES, AND FUNDS FOR
REPAIR, RESTORATION, OR REHA-
‘‘(A) identify the specific engineering and dam owner will carry out a plan for mainte-
BILITATION OF PROJECTS. maintenance deficiencies, if any; and nance of the dam during the expected life of
(a) DEFINITIONS.—In this section: ‘‘(B) describe the recommended remedies the dam.’’; and
(1) COVERED AREA.—The term ‘‘covered to correct each deficiency identified under (iv) in subparagraph (D), by striking ‘‘A
area’’ means an area— subparagraph (A), and, if requested by owner grant provided under this section shall not
(A) for which the Governor of a State has of a non-Federal levee, the associated costs exceed’’ and inserting ‘‘A State may not
requested a determination that an emer- of those remedies. award a grant to an eligible subrecipient
gency exists; or ‘‘(2) CONSULTATION.—In identifying defi- under this section that exceeds, for any 1
(B) covered by an emergency or major dis- ciencies and describing remedies for a levee dam,’’.
aster declaration declared under the Robert under paragraph (1), the Secretary shall con- (4) REQUIREMENTS.—Section 8A(d) of the
T. Stafford Disaster Relief and Emergency sult with relevant non-Federal interests, in- National Dam Safety Program Act (33 U.S.C.
Assistance Act (42 U.S.C. 5121 et seq.). cluding by providing an opportunity for com- 467f–2(d)) is amended—
(2) EMERGENCY PERIOD.—The term ‘‘emer- ment by those non-Federal interests.’’. (A) in paragraph (1), by inserting ‘‘to an el-
gency period’’ means— SEC. 132. NATIONAL DAM SAFETY PROGRAM. igible subrecipient’’ after ‘‘this section’’;
(A) with respect to a covered area de- (a) DEFINITIONS.—Section 2 of the National (B) in paragraph (2)—
scribed in paragraph (1)(A), the period during Dam Safety Program Act (33 U.S.C. 467) is (i) in the paragraph heading, by striking
which the Secretary determines an emer- amended— ‘‘NON-FEDERAL SPONSOR’’ and inserting ‘‘ELI-
gency exists; and (1) in paragraph (4)— GIBLE SUBRECIPIENT’’;
(B) with respect to a covered area de- (A) in subparagraph (A)— (ii) in the matter preceding subparagraph
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scribed in paragraph (1)(B), the period during (i) by striking clause (iii) and inserting the (A), by striking ‘‘the non-Federal sponsor
which the applicable declaration is in effect. following: shall’’ and inserting ‘‘an eligible sub-
(b) IN GENERAL.—In any covered area, the ‘‘(iii) has an emergency action plan that— recipient shall, with respect to the dam to be
Secretary is authorized to accept and use ‘‘(I) is approved by the relevant State dam rehabilitated by the eligible subrecipient’’;
materials, services, and funds, during the safety agency; or (iii) by amending subparagraph (A) to read
emergency period, from a non-Federal inter- ‘‘(II) is in conformance with State law and as follows:
est or private entity to repair, restore, or re- pending approval by the relevant State dam ‘‘(A) demonstrate that the community in
habilitate a federally authorized water re- safety agency;’’; and which the dam is located participates in, and
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December 8, 2020 CONGRESSIONAL RECORD — HOUSE H6945
complies with, all applicable Federal flood station, if the Secretary determines that the sources Development Act of 2000, in accord-
insurance programs, including dem- rehabilitation is feasible. ance with such section 1043(b).
onstrating that such community is partici- (c) COST SHARING.—The non-Federal inter- (2) ELIGIBILITY.—In the case of a project de-
pating in the National Flood Insurance Pro- est for the eligible pump station shall— scribed in paragraph (1) for which the non-
gram, and is not on probation, suspended, or (1) provide 35 percent of the cost of reha- Federal interest has initiated construction
withdrawn from such Program;’’; bilitation of an eligible pump station carried in compliance with authorities governing the
(iv) in subparagraph (B), by striking out under this section; and provision of in-kind contributions for such
‘‘have’’ and inserting ‘‘beginning not later (2) provide all land, easements, rights-of- project, the Secretary shall take into ac-
than 2 years after the date on which the Ad- way, and necessary relocations associated count the value of any in-kind contributions
ministrator publishes criteria for hazard with the rehabilitation described in subpara- carried out by the non-Federal interest for
mitigation plans under paragraph (3), dem- graph (A), at no cost to the Federal Govern- such project prior to the date of execution of
onstrate that the Tribal or local government ment. the project partnership agreement under sec-
with jurisdiction over the area in which the (d) AGREEMENT REQUIRED.—The rehabilita- tion 1043(b) of the Water Resources Reform
dam is located has’’; and tion of an eligible pump station pursuant to and Development Act of 2014 when deter-
(v) in subparagraph (C), by striking ‘‘50- this section shall be initiated only after a mining the non-Federal share of the costs to
year period’’ and inserting ‘‘expected life of non-Federal interest has entered into a bind- complete construction of the project.
the dam’’; and ing agreement with the Secretary— (3) GUIDANCE.—Not later than 180 days
(C) by adding at the end the following: (1) to pay the non-Federal share of the after the date of enactment of this sub-
‘‘(3) HAZARD MITIGATION PLAN CRITERIA.— costs of rehabilitation under subsection (c); section, and in accordance with the guidance
Not later than 1 year after the date of enact- and issued under section 1043(b)(9) of the Water
ment of this paragraph, the Administrator, (2) to pay 100 percent of the operation and Resources Reform and Development Act of
in consultation with the Board, shall publish maintenance costs of the rehabilitated eligi- 2014 (as added by this section), the Secretary
criteria for hazard mitigation plans required ble pump station, in accordance with regula- shall issue any additional guidance that the
under paragraph (2)(B).’’. tions promulgated by the Secretary. Secretary determines necessary for the im-
(5) FLOODPLAIN MANAGEMENT PLANS.—Sec- (e) TREATMENT.—The rehabilitation of an plementation of this subsection.
tion 8A(e) of the National Dam Safety Pro- eligible pump station pursuant to this sec- SEC. 135. COST SHARING PROVISIONS FOR TERRI-
gram Act (33 U.S.C. 467f–2(e)) is amended— tion shall not be considered to be a separable TORIES AND INDIAN TRIBES.
(A) in paragraph (1)— element of the associated flood risk manage- Section 1156(b) of the Water Resources De-
(i) in the matter preceding subparagraph ment project constructed by the Corps of En- velopment Act of 1986 (33 U.S.C. 2310(b)) is
(A), by striking ‘‘the non-Federal sponsor’’ gineers. amended by striking ‘‘for inflation’’ and all
and inserting ‘‘an eligible subrecipient’’; and (f) AUTHORIZATION OF APPROPRIATIONS.— that follows through the period at the end
(ii) in subparagraph (B), by striking ‘‘1 There is authorized to be appropriated to and inserting ‘‘on an annual basis for infla-
year’’ and inserting ‘‘2 years’’ each place it carry out this section $60,000,000, to remain tion.’’.
appears; and available until expended. SEC. 136. REVIEW OF CONTRACTING POLICIES.
(B) by striking paragraph (3) and inserting SEC. 134. NON-FEDERAL PROJECT IMPLEMENTA-
(a) REVIEW OF CONTRACTUAL AGREE-
the following: TION PILOT PROGRAM.
MENTS.—
‘‘(3) PLAN CRITERIA AND TECHNICAL SUP- (a) REAUTHORIZATION; IMPLEMENTATION
(1) IN GENERAL.—Not later than 180 days
PORT.—The Administrator, in consultation GUIDANCE.—Section 1043(b) of the Water Re-
after the date of enactment of this section,
with the Board, shall provide criteria, and sources Reform and Development Act of 2014
the Secretary shall complete a review of the
may provide technical support, for the devel- (33 U.S.C. 2201 note) is amended—
policies, guidelines, and regulations of the
opment and implementation of floodplain (1) in paragraph (7), by striking ‘‘the date
Corps of Engineers for the development of
management plans prepared under this sub- that is 5 years after the date of enactment of
contractual agreements between the Sec-
section.’’. this Act’’ and inserting ‘‘September 30, 2026’’;
retary and non-Federal interests and utili-
(6) CONTRACTUAL REQUIREMENTS.—Section (2) in paragraph (8), by striking ‘‘2023’’ and
ties associated with the construction of
8A(i)(1) of the National Dam Safety Program inserting ‘‘2026’’; and
water resources development projects.
Act (33 U.S.C. 467f–2(i)(1)) is amended by (3) by adding at the end the following:
(2) REPORT.—Not later than 90 days after
striking ‘‘a non-Federal sponsor’’ and insert- ‘‘(9) IMPLEMENTATION GUIDANCE.—
completing the review under subsection
ing ‘‘an eligible subrecipient’’. ‘‘(A) IN GENERAL.—Not later than 120 days
(a)(1), the Secretary shall submit to the
SEC. 133. REHABILITATION OF CORPS OF ENGI- after the date of enactment of this para-
Committee on Transportation and Infra-
NEERS CONSTRUCTED PUMP STA- graph, the Secretary shall issue guidance for
structure of the House of Representatives
TIONS. the implementation of the pilot program
and the Committee on Environment and
(a) DEFINITIONS.—In this section: that, to the extent practicable, identifies—
Public Works of the Senate, and make pub-
(1) ELIGIBLE PUMP STATION.—The term ‘‘eli- ‘‘(i) the metrics for measuring the success
licly available, a report that includes—
gible pump station’’ means a pump station— of the pilot program;
(A) a summary of the results of the review;
(A) constructed, in whole or in part, by the ‘‘(ii) a process for identifying future
and
Corps of Engineers for flood risk manage- projects to participate in the pilot program;
(B) public guidance on best practices for a
ment purposes; ‘‘(iii) measures to address the risks of a
non-Federal interest to use when writing or
(B) that the Secretary has identified as non-Federal interest constructing projects
developing contractual agreements with the
having a major deficiency; and under the pilot program, including which en-
Secretary and utilities.
(C) the failure of which the Secretary has tity bears the risk for projects that fail to
(3) PROVISION OF GUIDANCE.—The Secretary
determined would impair the function of a meet the Corps of Engineers standards for
shall provide the best practices guidance in-
flood risk management project constructed design or quality;
cluded under paragraph (2)(A) to non-Federal
by the Corps of Engineers. ‘‘(iv) the laws and regulations that a non-
interests prior to the development of con-
(2) REHABILITATION.— Federal interest must follow in carrying out
tractual agreements with such non-Federal
(A) IN GENERAL.—The term ‘‘rehabilita- a project under the pilot program; and
interests.
tion’’, with respect to an eligible pump sta- ‘‘(v) which entity bears the risk in the (b) SENSE OF CONGRESS.—It is the sense of
tion, means to address a major deficiency of event that a project carried out under the Congress that the Secretary should maxi-
the eligible pump station caused by long- pilot program fails to be carried out in ac- mize use of nonprice tradeoff procedures in
term degradation of the foundation, con- cordance with the project authorization or competitive acquisitions for carrying out
struction materials, or engineering systems this subsection. emergency work in an area with respect to
or components of the eligible pump station. ‘‘(B) NEW PROJECT PARTNERSHIP AGREE- which the President has declared a major
(B) INCLUSIONS.—The term ‘‘rehabilita- MENTS.—The Secretary may not enter into a disaster under section 401 of the Robert T.
tion’’, with respect to an eligible pump sta- project partnership agreement under this Stafford Disaster Relief and Emergency As-
tion, includes— subsection during the period beginning on sistance Act.
(i) the incorporation into the eligible pump the date of enactment of this paragraph and SEC. 137. CRITERIA FOR FUNDING ENVIRON-
station of— ending on the date on which the Secretary MENTAL INFRASTRUCTURE
(I) current design standards; issues the guidance under subparagraph PROJECTS.
(II) efficiency improvements; and (A).’’. (a) IN GENERAL.—Not later than 180 days
(III) associated drainage; and (b) NON-FEDERAL PROJECT IMPLEMENTATION after the date of enactment of this Act, the
(ii) increasing the capacity of the eligible FOR COMPREHENSIVE EVERGLADES RESTORA- Secretary shall develop specific criteria for
SSpencer on DSK126QN23PROD with HOUSE
pump station, subject to the condition that TION PLAN PROJECTS.— the evaluation and ranking of individual en-
the increase shall— (1) IN GENERAL.—In carrying out the pilot vironmental assistance projects authorized
(I) significantly decrease the risk of loss of program authorized under section 1043(b) of by Congress (including projects authorized
life and property damage; or the Water Resources Reform and Develop- pursuant to environmental assistance pro-
(II) decrease total lifecycle rehabilitation ment Act of 2014 (33 U.S.C. 2201 note), the grams) for the Secretary to carry out.
costs for the eligible pump station. Secretary is authorized to include a project (b) MINIMUM CRITERIA.—For the purposes of
(b) AUTHORIZATION.—The Secretary may authorized to be implemented by, or in ac- carrying out this section, the Secretary shall
carry out rehabilitation of an eligible pump cordance with, section 601 of the Water Re- evaluate, at a minimum—
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H6946 CONGRESSIONAL RECORD — HOUSE December 8, 2020
(1) the nature and extent of the positive medial actions in response to an enhanced ‘‘(ii) for which construction was completed
and negative local economic impacts of the inspection carried out under this section. before 1940;
project, including— (d) FUNDING.—The Secretary is authorized ‘‘(iii) that is classified as ‘high hazard po-
(A) the benefits of the project to the local to accept funds from an owner or operator of tential’ by the State dam safety agency of
economy; aging infrastructure, and may use such funds the State in which the dam is located; and
(B) the extent to which the project will en- to carry out an enhanced inspection pursu- ‘‘(iv) that is operated by a non-Federal en-
hance local development; ant to a contract entered into with such tity; or’’.
(C) the number of jobs that will be directly owner or operator under this section. SEC. 142. LEVEE ACCREDITATION PROCESS;
created by the project; and SEC. 139. UNIFORMITY OF NOTIFICATION SYS- LEVEE CERTIFICATIONS.
(D) the ability of the non-Federal interest TEMS.
to pay the applicable non-Federal share of (a) SENSE OF CONGRESS.—It is the sense of
(a) INVENTORY.—Not later than 180 days
the cost of the project; Congress that the process developed by the
after the date of enactment of this Act, the
(2) the demographics of the location in Flood Protection Structure Accreditation
Secretary shall complete an inventory of all
which the project is to be carried out, includ- Task Force established under section 100226
systems used by the Corps of Engineers for
ing whether the project serves— of the Moving Ahead for Progress in the 21st
external communication and notification
(A) a rural community; or Century Act (42 U.S.C. 4101 note) should not
with respect to projects, initiatives, and fa-
(B) an economically disadvantaged com- be limited to levee systems in the inspection
cilities of the Corps of Engineers.
munity, including an economically disadvan- (b) UNIFORM PLAN.— of completed works program of the Corps of
taged minority community; (1) IN GENERAL.—Not later than 1 year after Engineers, but should apply equally to feder-
(3) the amount of appropriations a project the date of enactment of this Act, the Sec- ally owned levee systems operated by the
has received; retary shall develop a plan for the uni- Secretary, including federally owned levee
(4) the funding capability of the Corps of formity of such communication and notifica- systems operated by the Secretary as part of
Engineers with respect to the project; tion systems for projects, initiatives, and fa- a reservoir project.
(5) whether the project could be carried out cilities of the Corps of Engineers. (b) LEVEE CERTIFICATIONS.—Section 3014 of
under other Federal authorities at an equiv- (2) INCLUSIONS.—The plan developed under the Water Resources Reform and Develop-
alent cost to the non-Federal interest; and paragraph (1) shall— ment Act of 2014 (42 U.S.C. 4131) is amended—
(6) any other criteria that the Secretary (A) provide access to information in all (1) in subsection (a)—
considers to be appropriate. forms practicable, including through email, (A) in paragraph (1)—
(c) INCLUSION IN GUIDANCE.—The Secretary text messages, news programs and websites, (i) by striking ‘‘under the inspection of
shall include the criteria developed under radio, and other forms of notification; completed works program’’ and inserting
subsection (a) in the annual Civil Works Di- (B) establish a notification system for any ‘‘for levee systems under the levee safety and
rect Program Development Policy Guidance projects, initiatives, or facilities of the Corps dam safety programs’’; and
of the Secretary. of Engineers that do not have a notification (ii) by striking ‘‘and’’ at the end;
(d) REPORT TO CONGRESS.—For fiscal year system; (B) in paragraph (2)—
2022, and biennially thereafter, in conjunc- (C) streamline existing communication and (i) by striking ‘‘activities under the inspec-
tion with the President’s annual budget sub- notification systems to improve the strength tion of completed works program of the
mission to Congress under section 1105(a) of and uniformity of those systems; and Corps of Engineers’’ and inserting ‘‘the ac-
title 31, United States Code, the Secretary (D) emphasize the necessity of timeliness tivities referred to in paragraph (1)’’;
shall submit to the Committee on Environ- in notification systems and ensure that the (ii) by striking ‘‘chapter 1’’ and inserting
ment and Public Works and the Committee methods of notification can transmit infor- ‘‘chapter I’’; and
on Appropriations of the Senate and the mation in a timely manner. (iii) by striking the period at the end and
Committee on Transportation and Infra- (3) IMPLEMENTATION.— inserting ‘‘; and’’; and
structure and the Committee on Appropria- (A) IN GENERAL.—Except as provided in (C) by adding at the end the following:
tions of the House of Representatives a re- subparagraph (B), not later than 2 years ‘‘(3) in the case of a levee system that is
port that identifies the Secretary’s ranking after the date of enactment of this Act, the operated and maintained by the Corps of En-
of individual environmental assistance Secretary shall complete the implementa- gineers, to the maximum extent practicable,
projects authorized by Congress for the Sec- tion of the plan developed under paragraph cooperate with local governments seeking a
retary to carry out, in accordance with the (1). levee accreditation decision for the levee to
criteria developed under this section. (B) EMERGENCY MANAGEMENT NOTIFICA- provide information necessary to support the
SEC. 138. AGING INFRASTRUCTURE. TION.—Not later than 18 months after the accreditation decision in a timely manner.’’;
(a) DEFINITIONS.—In this section: date of enactment of this Act, the Secretary and
(1) AGING INFRASTRUCTURE.—The term shall implement the provisions of the plan (2) in paragraph (b)(3), by adding at the end
‘‘aging infrastructure’’ means a water re- developed under paragraph (1) relating to the following:
emergency management notifications. ‘‘(C) CONTRIBUTED FUNDS.—Notwith-
sources development project of the Corps of
Engineers, or any other water resources, (4) SAVINGS PROVISION.—Nothing in this standing subparagraph (B), a non-Federal in-
water storage, or irrigation project of an- section authorizes the elimination of any ex- terest may fund up to 100 percent of the cost
other Federal agency, that is greater than 75 isting communication or notification system of any activity carried out under this sub-
years old. used by the Corps of Engineers. section.’’.
(2) ENHANCED INSPECTION.—The term ‘‘en- SEC. 140. COASTAL STORM DAMAGE REDUCTION SEC. 143. PROJECT PARTNERSHIP AGREEMENT.
hanced inspection’’ means an inspection that CONTRACTS.
Section 103(j)(1) of the Water Resources De-
uses current or innovative technology, in- For any project for coastal storm damage
velopment Act of 1986 (33 U.S.C. 2213(j)(1)) is
cluding Light Detection and Ranging (com- reduction, the Secretary may seek input
amended—
monly known as ‘‘LiDAR’’), ground pene- from a non-Federal interest for a project
(1) by striking ‘‘Any project’’ and inserting
trating radar, subsurface imaging, or sub- that may be affected by the timing of the
the following:
surface geophysical techniques, to detect coastal storm damage reduction activities
‘‘(A) IN GENERAL.—Any project’’; and
whether the features of the aging infrastruc- under the project, in order to minimize, to
(2) by adding at the end the following:
ture are structurally sound and can operate the maximum extent practicable, any nega-
‘‘(B) INCLUSION.—An agreement under sub-
as intended, or are at risk of failure. tive effects resulting from the timing of
paragraph (A) shall include a brief descrip-
(b) CONTRACTS FOR ENHANCED INSPECTION.— those activities.
tion and estimation of the anticipated oper-
(1) IN GENERAL.—The Secretary may carry SEC. 141. DAM REMEDIATION FOR ECOSYSTEM ations, maintenance, and replacement and
out enhanced inspections of aging infrastruc- RESTORATION.
rehabilitation costs of the non-Federal inter-
ture, pursuant to a contract with the owner Section 542(b)(2) of the Water Resources est for the project.’’.
or operator of the aging infrastructure. Development Act of 2000 (114 Stat. 2671; 121
(2) CERTAIN CIRCUMSTANCES.—Subject to Stat. 1150) is amended— SEC. 144. ACCEPTANCE OF FUNDS FOR HARBOR
DREDGING.
the availability of appropriations, or funds (1) in subparagraph (F), by striking ‘‘or’’ at
available pursuant to subsection (d), the Sec- the end; The Secretary is authorized, in accordance
retary shall enter into a contract described (2) by redesignating subparagraph (G) as with section 5 of Act of June 22, 1936 (33
in paragraph (1), if— subparagraph (H); and U.S.C. 701h), to accept and expend funds con-
(A) the owner or operator of the aging in- (3) by inserting after subparagraph (F) the tributed by a State or other non-Federal in-
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frastructure requests that the Secretary following: terest—
carry out the enhanced inspections; and ‘‘(G) measures to restore, protect, and pre- (1) to dredge a non-Federal harbor or chan-
(B) the inspection is at the full expense of serve an ecosystem affected by a dam (in- nel, or a marina or berthing area located ad-
such owner or operator. cluding by the rehabilitation or modification jacent to, or accessible by, such harbor or
(c) LIMITATION.—The Secretary shall not of a dam)— channel; or
require a non-Federal entity associated with ‘‘(i) that has been constructed, in whole or (2) to provide technical assistance related
a project under the jurisdiction of another in part, by the Corps of Engineers for flood to the planning and design of dredging ac-
Federal agency to carry out corrective or re- control purposes; tivities described in paragraph (1).
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December 8, 2020 CONGRESSIONAL RECORD — HOUSE H6947
SEC. 145. REPLACEMENT CAPACITY. ‘‘(ii) provides a written basis for the deter- ‘‘(B) affects existing authorities of the
Section 217(a) of the Water Resources De- mination under clause (i) to the non-Federal Corps of Engineers, including authorities
velopment Act of 1996 (33 U.S.C. 2326a(a)) is interest. with respect to navigation, flood damage re-
amended— ‘‘(4) PUBLIC COMMENT.—The Secretary shall duction, environmental protection and res-
(1) in the subsection heading, by inserting afford the public an opportunity to comment toration, water supply and conservation, and
‘‘OR REPLACEMENT CAPACITY’’ after ‘‘ADDI- on the determinations required under this other related purposes; or
TIONAL CAPACITY’’; subsection for a use permitted under para- ‘‘(C) authorizes the Secretary to make any
(2) by striking paragraph (1) and inserting graph (1)(A)(ii).’’. operational changes to a Corps of Engineers
the following: SEC. 146. REVIEWING HYDROPOWER AT CORPS water resources development project.’’.
‘‘(1) PROVIDED BY SECRETARY.— OF ENGINEERS FACILITIES. SEC. 147. REPAIR AND RESTORATION OF EM-
‘‘(A) IN GENERAL.—Subject to subparagraph Section 1008 of the Water Resources Re- BANKMENTS.
(B), at the request of a non-Federal interest form and Development Act of 2014 (33 U.S.C. (a) IN GENERAL.—At the request of a non-
with respect to a project, the Secretary 2321b) is amended— Federal interest, the Secretary shall assess
may— (1) by striking ‘‘civil works’’ each place it the cause of damage to, or the failure of, an
‘‘(i) provide additional capacity at a appears and inserting ‘‘water resources de- embankment that is adjacent to the shore-
dredged material disposal facility con- velopment’’; and line of a reservoir project owned and oper-
structed by the Secretary beyond the capac- (2) by adding at the end the following: ated by the Secretary for which such damage
ity that would be required for project pur- ‘‘(c) REVIEWING HYDROPOWER AT CORPS OF or failure to the embankment has adversely
poses; or ENGINEERS FACILITIES.— affected a roadway that the Secretary has
‘‘(ii) permit the use of dredged material ‘‘(1) DEFINITION OF ELIGIBLE NON-FEDERAL relocated for construction of the reservoir.
(b) REPAIR AND RESTORATION ACTIVITIES.—
disposal facility capacity required for INTEREST.—In this subsection, the term ‘eli-
If, based on the assessment carried out under
project purposes by the non-Federal interest gible non-Federal interest’ means a non-Fed-
subsection (a), the Secretary determines
if the Secretary determines that replace- eral interest that owns or operates an exist- that the cause of the damage to, or the fail-
ment capacity can be constructed at the fa- ing non-Federal hydropower facility at a ure of, the embankment is the direct result
cility or another facility or site before such Corps of Engineers water resources develop- of the design or operation of the reservoir by
capacity is needed for project purposes. ment project. the Secretary, the Secretary is authorized to
‘‘(B) AGREEMENT.—Before the Secretary ‘‘(2) EVALUATION.— participate in the repair or restoration of
takes an action under subparagraph (A), the ‘‘(A) IN GENERAL.—On the written request such embankment.
non-Federal interest shall agree to pay— of an eligible non-Federal interest, the Sec- (c) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(i) all costs associated with the construc- retary shall conduct an evaluation to con- There is authorized to be appropriated to the
tion of the additional capacity or replace- sider operational changes at the applicable Secretary $10,000,000 to carry out this sec-
ment capacity in advance of construction of project to facilitate production of non-Fed- tion.
such capacity; and eral hydropower, consistent with authorized SEC. 148. COASTAL MAPPING.
‘‘(ii) in the case of use by a non-Federal in- project purposes. The Secretary shall solicit Section 516 of the Water Resources Devel-
terest of dredged material disposal capacity input from interested stakeholders as part of opment Act of 1996 (33 U.S.C. 2326b) is amend-
required for project purposes under subpara- the evaluation. ed—
graph (A)(ii), any increase in the cost of op- ‘‘(B) DEADLINE.—Not later than 180 days (1) by redesignating subsection (g) as sub-
eration and maintenance of the project that after the date on which the Secretary re- section (h);
the Secretary determines results from the ceives a written request under subparagraph (2) by inserting after subsection (f) the fol-
use of the project capacity by the non-Fed- (A), the Secretary shall provide to the non- lowing:
eral interest in advance of each cycle of Federal interest a written response to inform ‘‘(g) COASTAL MAPPING.—The Secretary
dredging. the non-Federal interest— shall develop and carry out a plan for the re-
‘‘(C) CREDIT.—In the event the Secretary ‘‘(i) that the Secretary has approved the curring mapping of coastlines that are expe-
determines that the cost to operate or main- request to conduct an evaluation; or riencing rapid change, including such coast-
tain the project decreases as a result of use ‘‘(ii) of any additional information nec- lines in—
by the non-Federal interest of dredged mate- essary for the Secretary to approve the re- ‘‘(1) Alaska;
rial disposal capacity required for project quest to conduct an evaluation. ‘‘(2) Hawaii; and
purposes under subparagraph (A)(ii), the Sec- ‘‘(3) OPERATIONAL CHANGES.—An oper- ‘‘(3) any territory or possession of the
retary, at the request of the non-Federal in- ational change referred to in paragraph United States.’’; and
terest, shall credit the amount of the de- (2)(A) may include— (3) in subsection (h) (as so redesignated),
crease toward any cash contribution of the ‘‘(A) changes to seasonal pool levels; by adding at the end the following:
non-Federal interest required thereafter for ‘‘(B) modifying releases from the project; ‘‘(3) COASTAL MAPPING.—In addition to
construction, operation, or maintenance of and amounts made available under paragraph (1),
the project, or of another navigation ‘‘(C) other changes included in the written there is authorized to be appropriated to
project.’’; request submitted under that paragraph that carry out subsection (g) with respect to Alas-
(3) in paragraph (2), in the first sentence, enhance the usage of the project to facilitate ka, Hawaii, and the territories and posses-
by inserting ‘‘under paragraph (1)(A)(i)’’ production of non-Federal hydropower, con- sions of the United States, $10,000,000, to re-
after ‘‘additional capacity’’; and sistent with authorized project purposes. main available until expended.’’.
(4) by adding at the end the following: ‘‘(4) COST SHARE.—The eligible non-Federal SEC. 149. INTERIM RISK REDUCTION MEASURES.
‘‘(3) SPECIAL RULE FOR DESIGNATION OF RE- interest shall pay 100 percent of the costs as- (a) IN GENERAL.—In the case of any interim
PLACEMENT CAPACITY FACILITY OR SITE.— sociated with an evaluation under this sub- risk reduction measure for dam safety pur-
‘‘(A) IN GENERAL.—Subject to such terms section, including the costs to prepare the poses that was evaluated in a final environ-
and conditions as the Secretary determines report under paragraph (6). mental assessment completed during the pe-
to be necessary or advisable, an agreement ‘‘(5) DEADLINE.—The Secretary shall com- riod beginning on March 18, 2019, and ending
under paragraph (1)(B) for use permitted plete an evaluation under this subsection by on the date of enactment of this Act, the
under paragraph (1)(A)(ii) shall reserve to the date that is not later than 1 year after Secretary shall carry out a reevaluation of
the non-Federal interest— the date on which the Secretary begins the the measure in a timely manner if the final
‘‘(i) the right to submit to the Secretary evaluation. environmental assessment did not consider
for approval at a later date an alternative to ‘‘(6) REPORT.—On completion of an evalua- in detail at least—
the facility or site designated in the agree- tion under this subsection, the Secretary (1) 1 operational water control plan change
ment for construction of replacement capac- shall submit to the Committee on Environ- alternative;
ity; and ment and Public Works of the Senate and (2) 1 action alternative other than an oper-
‘‘(ii) the right to construct the replace- the Committee on Transportation and Infra- ational water control plan change; and
ment capacity at the alternative facility or structure of the House of Representatives a (3) the no action alternative.
site at the expense of the non-Federal inter- report on the effects of the operational (b) COORDINATION.—A reevaluation carried
est. changes proposed by the non-Federal inter- out under subsection (a) shall include consid-
‘‘(B) REQUIREMENT.—The Secretary shall est and examined in the evaluation on the eration of the alternatives described in such
not reject a site for the construction of re- authorized purposes of the project, including subsection, which shall be developed in co-
placement capacity under paragraph a description of any negative impacts of the ordination with Federal agencies, States, In-
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(1)(A)(ii) that is submitted by the non-Fed- proposed operational changes on the author- dian Tribes, units of local government, and
eral interest for approval by the Secretary ized purposes of the project, or on any Fed- other non-Federal interests that have exist-
before the date of execution of the agree- eral project located in the same basin. ing water obligations that would be directly
ment under paragraph (1)(B), or thereafter, ‘‘(7) SAVINGS PROVISION.—Nothing in this affected by implementation of an interim
unless the Secretary— subsection— risk reduction measure that is the subject of
‘‘(i) determines that the site is environ- ‘‘(A) affects the authorized purposes of a the reevaluation.
mentally unacceptable, geographically unac- Corps of Engineers water resources develop- (c) IMPLEMENTATION PRIOR TO REEVALUA-
ceptable, or technically unsound; and ment project; TION.—Nothing in this section prohibits the
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H6948 CONGRESSIONAL RECORD — HOUSE December 8, 2020
Secretary from implementing an interim that analysis any additional design and con- (3) the Government of the Russian Federa-
risk reduction measure for which a reevalua- struction costs resulting from addressing tion has prioritized the development of Arc-
tion is required under subsection (a) prior to seismic concerns. tic maritime transportation capabilities and
the completion of the reevaluation under (b) SAVINGS PROVISION.—Except with re- has made significant investments in military
subsection (a). spect to the benefit-cost analysis, the addi- infrastructure in the Arctic, including the
SEC. 150. MAINTENANCE DREDGING PERMITS. tional costs referred to in subsection (a) construction or refurbishment of 16 deep-
(a) IN GENERAL.—The Secretary shall, to shall be— water ports in the region;
the maximum extent practicable, prioritize (1) included in the total project cost; and (4) is a serious concern that the closest
the reissuance of any regional general per- (2) subject to cost-share requirements oth- United States strategic seaports to the Arc-
mit for maintenance dredging that expires erwise applicable to the project. tic are the Port of Anchorage and the Port of
SEC. 153. LEASE DEVIATIONS. Tacoma, located approximately 1,500 nau-
prior to May 1, 2021, and shall use best efforts
to ensure such reissuance prior to expiration (a) DEFINITION OF COVERED LEASE DEVI- tical miles and 2,400 nautical miles away
ATION.—In this section, the term ‘‘covered from the Arctic, respectively, and approxi-
of such a regional general permit for mainte-
nance dredging. lease deviation’’ means a change in terms mately 1,900 nautical miles and 2,800 nautical
(b) SAVINGS PROVISION.—Nothing in this from the existing lease that requires ap- miles, respectively, from Utiagvik, Alaska;
proval from the Secretary for a lease— and
section affects any obligation to comply
(1) of Federal land within the State of (5) it is in the national interest to enhance
with the requirements of any Federal law,
Oklahoma that is associated with a water re- existing, and develop, maritime transpor-
including—
sources development project, under— tation infrastructure in the Arctic, including
(1) the National Environmental Policy Act
(A) section 2667 of title 10, United States an Arctic deep draft strategic seaport in
of 1969 (42 U.S.C. 4321 et seq.);
Code; or Alaska, that would allow the Coast Guard
(2) the Federal Water Pollution Control
(B) section 4 of the Act of December 22, and the Navy each to perform their respec-
Act (33 U.S.C. 1251 et seq.); and
1944 (16 U.S.C. 460d); and tive statutory duties and functions on a per-
(3) the Endangered Species Act of 1973 (16
(2) with respect to which the lessee is in manent basis with minimal mission inter-
U.S.C. 1531 et seq.).
good standing. ruption.
SEC. 151. HIGH WATER-LOW WATER PREPARED- (b) DEADLINE.—In the case of a request for
NESS. SEC. 155. SMALL WATER STORAGE PROJECTS.
a covered lease deviation—
(a) DEFINITIONS.—In this section: (a) IN GENERAL.—The Secretary shall carry
(1) the Division Commander of the South- out a program to study and construct new,
(1) BYPASS.—The term ‘‘bypass’’ means an western Division shall—
alternate water route adjacent to a lock and or enlarge existing, small water storage
(A) notify the Secretary of the request via projects, in partnership with a non-Federal
dam on a Federal inland waterway system electronic means by not later than 24 hours
that can be used for commercial navigation interest.
after receiving the request; and (b) REQUIREMENTS.—To be eligible to par-
during high water conditions. (B) by not later than 10 business days after
(2) EMERGENCY CONDITION.—The term ticipate in the program under this section, a
the date on which the Division Commander small water storage project shall—
‘‘emergency condition’’ means— notifies the Secretary under subparagraph (1) in the case of a new small water storage
(A) unsafe conditions on a Federal inland (A)— project, have a water storage capacity of not
waterway system that prevent the operation (i) make a determination approving, deny- less than 2,000 acre-feet and not more than
of commercial vessels, resulting from a ing, or requesting a modification to the re- 30,000 acre-feet;
major change in water level or flows; quest; and (2) in the case of an enlargement of an ex-
(B) an obstruction in a Federal inland wa- (ii) provide to the Secretary the deter- isting small water storage project, be for an
terway system, including silt, sediment, mination under clause (i); and enlargement of not less than 1,000 acre-feet
rock formation, or a shallow channel; (2) if the Division Commander does not and not more than 30,000 acre-feet;
(C) an impaired or inoperable Federal lock make a determination under paragraph (3) provide—
and dam; or (1)(B), the Secretary shall make a deter- (A) flood risk management benefits;
(D) any other condition determined appro- mination approving, denying, or requesting a (B) ecological benefits; or
priate by the Secretary. modification to the request by not later than
(b) EMERGENCY DETERMINATION.—The Sec- (C) water management, water conserva-
10 business days after the date on which the tion, or water supply; and
retary, in consultation with the District deadline described in paragraph (1)(B) ex-
Commanders responsible for maintaining (4) be—
pires. (A) economically justified, environ-
any Federal inland waterway system, the (c) NOTIFICATION.—If the Secretary does
users of the waterway system, and the Coast mentally acceptable, and technically fea-
not make a determination under subsection sible; or
Guard, may make a determination that an (b)(2) by the deadline described in that sub-
emergency condition exists on the waterway (B) in the case of a project providing eco-
section, the Secretary shall submit a notifi- logical benefits, cost-effective with respect
system. cation of the failure to make a determina-
(c) EMERGENCY MITIGATION PROJECT.— to such benefits.
tion with respect to the covered lease devi- (c) SCOPE.—In carrying out the program
(1) IN GENERAL.—Subject to paragraph (2) ation, including the reason for the failure under this section, the Secretary shall give
and the availability of appropriations, and in and a description of any outstanding issues, preference to a small water storage project
accordance with all applicable Federal re- to— located in a State with a population of less
quirements, the Secretary may carry out an (1) the entity seeking the covered lease de- than 1,000,000.
emergency mitigation project on a Federal viation; (d) EXPEDITED PROJECTS.—For the 10-year
inland waterway system with respect to (2) the members of the Oklahoma congres- period beginning on the date of enactment of
which the Secretary has determined that an sional delegation; this Act, the Secretary shall expedite small
emergency condition exists under subsection (3) the Committee on Environment and water storage projects under this section for
(b), or on a bypass of such system, to remedy Public Works of the Senate; and which applicable Federal permitting require-
that emergency condition. (4) the Committee on Transportation and ments have been completed.
(2) DEADLINE.—An emergency mitigation Infrastructure of the House of Representa- (e) USE OF DATA.—In conducting a study
project under paragraph (1) shall— tives. under this section, to the maximum extent
(A) be initiated by not later than 60 days SEC. 154. SENSE OF CONGRESS ON ARCTIC DEEP practicable, the Secretary shall—
after the date on which the Secretary makes DRAFT PORT DEVELOPMENT. (1) as the Secretary determines appro-
the applicable determination under sub- It is the sense of Congress that— priate, consider and utilize any applicable
section (b); and (1) the Arctic, as defined in section 112 of hydrologic, economic, or environmental data
(B) to the maximum extent practicable, be the Arctic Research and Policy Act of 1984 that is prepared for a small water storage
completed by not later than 1 year after the (Public Law 98–373), is a region of strategic project under State law as the documenta-
date on which the Secretary makes such de- importance to the national security and tion, or part of the documentation, required
termination. maritime transportation interests of the to complete State water plans or other State
(d) AUTHORIZATION OF APPROPRIATIONS.— United States; planning documents relating to water re-
There is authorized to be appropriated to the (2) there is a compelling national, regional, sources management; and
Secretary to carry out this section $25,000,000 Alaska Native, and private sector need for (2) consider information developed by the
for each of fiscal years 2022 through 2024, to permanent maritime transportation infra- non-Federal interest in relation to another
remain available until expended. structure development and for a presence in study, to the extent the Secretary deter-
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SEC. 152. TREATMENT OF CERTAIN BENEFITS the Arctic by the United States to assert na- mines such information is applicable, appro-
AND COSTS. tional security interests and to support and priate, or otherwise authorized by law.
(a) IN GENERAL.—In the case of a flood risk facilitate search and rescue, shipping safety, (f) COST SHARE.—
management project that incidentally gen- economic development, oil spill prevention (1) STUDY.—The Federal share of the cost
erates seismic safety benefits in regions of and response, subsistence and commercial of a study conducted under this section shall
moderate or high seismic hazard, for the pur- fishing, the establishment of ports of refuge, be—
pose of a benefit-cost analysis for the Arctic research, and maritime law enforce- (A) 100 percent for costs not to exceed
project, the Secretary shall not include in ment; $100,000; and
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December 8, 2020 CONGRESSIONAL RECORD — HOUSE H6949
(B) 50 percent for any costs above $100,000. tional Academy of Sciences to conduct a an authorized project), modernization activi-
(2) CONSTRUCTION.—A small water storage study on the ability of Federal agencies to ties for such project; or
project carried out under this section shall coordinate with other Federal agencies, (B) coordinate with the non-Federal inter-
be subject to the cost-sharing requirements State and local agencies, Indian Tribes, com- est in order to allow the non-Federal interest
applicable to projects under section 103 of munities, universities, consortiums, coun- to carry out, for an authorized project (or a
the Water Resources Development Act of cils, and other relevant entities with exper- separable element of an authorized project),
1986 (33 U.S.C. 2213), including— tise in water resources to facilitate and co- such modernization activities.
(A) municipal and industrial water supply: ordinate the sharing among such entities of (2) NUMBER.—The Secretary shall select
100 percent non-Federal; water allocation, supply, and demand data, not more than 2 authorized projects to par-
(B) agricultural water supply: 35 percent including— ticipate in the pilot program under para-
non-Federal; and (A) any catalogs of such data; graph (1).
(C) recreation, including recreational navi- (B) definitions of any commonly used (3) CONDITIONS.—Before carrying out mod-
gation: 50 percent of separable costs and, in terms relating to water allocation, supply, ernization activities pursuant to paragraph
the case of any harbor or inland harbor or and demand; and (1)(B), a non-Federal interest shall—
channel project, 50 percent of joint and sepa- (C) a description of any common standards (A) obtain any permit or approval required
rable costs allocated to recreational naviga- used by those entities. in connection with such activities under
tion. (2) REPORT.—If the National Academy of Federal or State law that would be required
(g) OMRRR RESPONSIBILITY.—The costs of Sciences enters into an agreement under if the Secretary were to carry out such ac-
operation, maintenance, repair, and replace- paragraph (1), to the maximum extent prac- tivities; and
ment and rehabilitation for a small water ticable, not later than 1 year after the date (B) ensure that a final environmental im-
storage project constructed under this sec- of enactment of this Act, the National Acad- pact statement or environmental assess-
tion shall be the responsibility of the non- emy of Sciences shall submit to Congress a ment, as appropriate, for such activities has
Federal interest. report that includes— been filed pursuant to the National Environ-
(h) INDIVIDUAL PROJECT LIMIT.—Not more (A) the results of the study under para- mental Policy Act of 1969.
than $65,000,000 in Federal funds may be graph (1); (4) MONITORING.—For any modernization
made available to a small water storage (B) recommendations for ways to stream- activities carried out by the non-Federal in-
project under this section. line and make cost-effective methods for terest pursuant to this section, the Sec-
(i) AUTHORIZATION OF APPROPRIATIONS.— Federal agencies to coordinate interstate retary shall regularly monitor and audit
There is authorized to be appropriated to sharing of data, including recommendations such activities to ensure that—
carry out this section $130,000,000 annually for the development of a publicly accessible, (A) the modernization activities are car-
through fiscal year 2030. internet-based platform that can allow enti- ried out in accordance with this section; and
SEC. 156. PLANNING ASSISTANCE TO STATES.
ties described in paragraph (1) to commu- (B) the cost of the modernization activities
In carrying out section 22 of the Water Re- nicate and coordinate ongoing data collec- is reasonable.
sources Development Act of 1974 (42 U.S.C. tion efforts relating to water allocation, sup- (5) REQUIREMENTS.—The requirements of
1962d–16), the Secretary shall provide equal ply, and demand, and share best practices re- section 3142 of title 40, United States Code
priority for all mission areas of the Corps of lating to those efforts; and shall apply to any modernization activities
Engineers, including water supply and water undertaken under or pursuant to this sec-
(C) a recommendation as to an appropriate
conservation.
Federal entity that should— tion, either by the Secretary or the non-Fed-
SEC. 157. FORECAST-INFORMED RESERVOIR OP-
(i) serve as the lead coordinator for the eral interest.
ERATIONS.
sharing of data relating to water allocation, (d) AGREEMENTS.—
Section 1222 of the Water Resources Devel-
supply, and demand; and (1) ACTIVITIES CARRIED OUT BY NON-FEDERAL
opment Act of 2018 (128 Stat. 3811) is amend-
(ii) host and manage the internet-based INTEREST.—
ed by adding at the end the following:
‘‘(c) ADDITIONAL UTILIZATION OF FORECAST- platform described in subparagraph (B). (A) IN GENERAL.—
INFORMED RESERVOIR OPERATIONS.— (b) DATA TRANSPARENCY.—The Secretary (i) WRITTEN AGREEMENT.—Before a non-
‘‘(1) IN GENERAL.—Not later than 1 year shall prioritize making publicly available Federal interest initiates modernization ac-
after the date of enactment of this sub- water resources data in the custody of the tivities for an authorized project pursuant to
section, the Secretary shall submit to the Corps of Engineers, as authorized by section this subsection (c)(1)(B), the non-Federal in-
Committee on Transportation and Infra- 2017 of the Water Resources Development terest shall enter into a written agreement
structure of the House of Representatives Act of 2007 (33 U.S.C. 2342). with the Secretary, under section 221 of the
and the Committee on Environment and (c) FUNDING.—From amounts otherwise ap- Flood Control Act of 1970 (42 U.S.C. 1962d–5b),
Public Works of the Senate a report on any propriated or made available to the Sec- that requires the modernization activities to
additional opportunities identified for uti- retary, the Secretary may make available to be carried out in accordance with—
lizing forecast-informed reservoir operations the National Academy of Sciences not more (I) a plan approved by the Secretary; and
across the United States, including an as- than $3,900,000, to be used for the review of (II) any other terms and conditions speci-
sessment of the viability of forecast-in- information provided by the Corps of Engi- fied by the Secretary in the agreement.
formed reservoir operations in the Upper neers for purposes of a study under sub- (ii) REQUIREMENTS.—A written agreement
Missouri River Basin and the North Platte section (a). The Secretary may accept funds under clause (i) shall provide that the non-
River Basin. from another Federal agency and make such Federal interest shall comply with the same
‘‘(2) FORECAST-INFORMED RESERVOIR OPER- funds available to the National Academy of legal and technical requirements that would
ATIONS.— Sciences, to be used for the review of infor- apply if the modernization activities were
‘‘(A) AUTHORIZATION.—If the Secretary de- mation provided by such agency for purposes carried out by the Secretary, including all
termines, and includes in the report sub- of a study under subsection (a). mitigation required to offset environmental
mitted under paragraph (1), that forecast-in- SEC. 159. INLAND WATERWAYS PILOT PROGRAM. impacts of the activities, as determined by
formed reservoir operations are viable at a (a) DEFINITIONS.—In this section: the Secretary.
reservoir in the Upper Missouri River Basin (1) AUTHORIZED PROJECT.—The term ‘‘au- (B) ALIGNMENT WITH ONGOING ACTIVITIES.—
or the North Platte River Basin, including a thorized project’’ means a federally author- A written agreement under subparagraph (A)
reservoir for which the Secretary has flood ized water resources development project for shall include provisions that, to the max-
control responsibilities under section 7 of the navigation on the inland waterways. imum extent practicable, align moderniza-
Act of December 22, 1944 (33 U.S.C. 709), the (2) MODERNIZATION ACTIVITIES.—The term tion activities under this section with ongo-
Secretary is authorized to carry out fore- ‘‘modernization activities’’ means construc- ing operations and maintenance activities
cast-informed reservoir operations at such tion or major rehabilitation activities for for the applicable authorized project.
reservoir. any authorized project. (C) INDEMNIFICATION.—As part of a written
‘‘(B) REQUIREMENT.—Subject to the avail- (3) NON-FEDERAL INTEREST.—The term agreement under subparagraph (A), the non-
ability of appropriations, if the Secretary de- ‘‘non-Federal interest’’ means any public Federal interest shall agree to hold and save
termines, and includes in the report sub- body described in section 221(b) of the Flood the United States free from liability for any
mitted under paragraph (1), that forecast-in- Control Act of 1970 (42 U.S.C. 1962d–5b(b)). and all damage that arises from the mod-
formed reservoir operations are viable in the (b) AUTHORIZATION OF PILOT PROGRAM.— ernization activities carried out by the non-
Upper Missouri River Basin or the North The Secretary is authorized to carry out a Federal interest pursuant to this section.
Platte River Basin, the Secretary shall carry pilot program for modernization activities (2) ACTIVITIES CARRIED OUT BY SEC-
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out forecast-informed reservoir operations at on the inland waterways system. RETARY.—For modernization activities to be
not fewer than one reservoir in such basin.’’. (c) IMPLEMENTATION.— carried out by the Secretary pursuant to
SEC. 158. DATA FOR WATER ALLOCATION, SUP- (1) IN GENERAL.—In carrying out the pilot subsection (c)(1)(A), the non-Federal interest
PLY, AND DEMAND. program under this section, the Secretary shall enter into a written agreement with
(a) STUDY ON DATA FOR WATER ALLOCATION, may— the Secretary, containing such terms and
SUPPLY, AND DEMAND.— (A) accept and expend funds provided by a conditions as the Secretary determines ap-
(1) IN GENERAL.—The Secretary shall offer non-Federal interest to carry out, for an au- propriate.
to enter into an agreement with the Na- thorized project (or a separable element of (e) REIMBURSEMENT.—
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H6950 CONGRESSIONAL RECORD — HOUSE December 8, 2020
(1) AUTHORIZATION.—Subject to the avail- (c) PUBLIC COMMENT.—In developing the the required analyses, reviews, and compli-
ability of appropriations, the Secretary may guidance under subsection (a), the Secretary ance processes.
reimburse a non-Federal interest for the shall provide notice and an opportunity for ‘‘(5) STATUS UPDATES.—Not later than 30
costs of modernization activities carried out public comment. days after receiving a request under para-
by the non-Federal interest pursuant to an SEC. 161. STUDIES OF WATER RESOURCES DE- graph (3), and every 30 days thereafter until
agreement entered into under subsection (d), VELOPMENT PROJECTS BY NON- the Secretary submits an assessment under
or for funds provided to the Secretary under FEDERAL INTERESTS. subsection (c) for the applicable feasibility
subsection (c)(1)(A), if— (a) IN GENERAL.—Section 203 of the Water study, the Secretary shall notify the Com-
(A) the non-Federal interest complies with Resources Development Act of 1986 (33 U.S.C. mittee on Transportation and Infrastructure
the agreement entered into under subsection 2231) is amended— of the House of Representatives, the Com-
(d); and (1) in subsection (a)— mittee on Environment and Public Works of
(B) with respect to modernization activi- (A) in paragraph (1), by inserting ‘‘, or, the Senate, and the non-Federal interest of
ties carried out by the non-Federal interest upon the written approval of the Secretary the status of the Secretary’s required anal-
pursuant to the agreement, the Secretary de- that the modifications are consistent with yses, reviews, and compliance processes.’’;
termines that the non-Federal interest com- the authorized purposes of the project, un- and
plied with all applicable Federal require- dertake a feasibility study on modifications (3) in subsection (c)(1), in the matter pre-
to a water resources development project
ments in carrying out the modernization ac- ceding subparagraph (A)—
constructed by the Corps of Engineers,’’
tivities. (A) by striking ‘‘after the date of receipt of
after ‘‘water resources development project’’;
(2) LIMITATION.—The Secretary may only a feasibility study of a project under sub-
and
reimburse a non-Federal interest under para- section (a)(1)’’ and insert ‘‘after the comple-
(B) in paragraph (2), by striking ‘‘for feasi-
graph (1) for costs of construction that would tion of review of a feasibility study under
bility studies’’ and all that follows through
otherwise be paid from amounts appro- subsection (b)’’; and
the period at the end and inserting ‘‘for the
priated from the general fund of the Treas- (B) by striking ‘‘a report’’ and inserting
formulation of feasibility studies of water
ury pursuant to section 102 of the Water Re- ‘‘an assessment’’.
resources development projects undertaken
sources Development Act of 1986 (33 U.S.C. (b) DEADLINE.—Not later than 90 days after
by non-Federal interests to—
2212). the date of enactment of this Act, the Sec-
‘‘(A) ensure that any feasibility study with
(f) RULE OF CONSTRUCTION.—Nothing in this retary shall issue revised guidelines under
respect to which the Secretary submits an
section— section 203 of the Water Resources Develop-
assessment to Congress under subsection (c)
(1) affects the responsibility of the Sec- ment Act of 1986 (33 U.S.C. 2231) to imple-
complies with all of the requirements that
retary for the operations and maintenance of ment the amendments made by this section.
would apply to a feasibility study under-
the inland waterway system, as of the day (c) HOLD HARMLESS.—
taken by the Secretary; and
before the date of enactment of this Act, in- (1) ONE-YEAR WINDOW.—The amendments
‘‘(B) provide sufficient information for the
cluding the responsibility of the Secretary made by this section shall not apply to any
formulation of the studies, including proc-
for the operations and maintenance costs for feasibility study submitted to the Secretary
esses and procedures related to reviews and
any covered project after the modernization under section 203 of the Water Resources De-
assistance under subsection (e).’’;
activities are completed pursuant to this (2) in subsection (b)— velopment Act of 1986 (33 U.S.C. 2231) during
section; (A) by striking ‘‘The Secretary’’ and in- the one-year period prior to the date of en-
(2) prohibits or prevents the use of Federal serting the following: actment of this section.
funds for operations and maintenance of the ‘‘(1) IN GENERAL.—The Secretary’’; and (2) 2020 PROJECTS.—The amendments made
inland waterway system or any authorized (B) by adding at the end the following: by this section shall not apply to any project
project within the inland waterway system; ‘‘(2) TIMING.—The Secretary may not sub- authorized by section 403 of this Act.
or mit to Congress an assessment of a feasi- SEC. 162. LEVERAGING FEDERAL INFRASTRUC-
(3) prohibits or prevents the use of Federal bility study under this section until such TURE FOR INCREASED WATER SUP-
funds for construction or major rehabilita- time as the Secretary— PLY.
tion activities within the inland waterway ‘‘(A) determines that the feasibility study Section 1118(i) of the Water Resources De-
system or for any authorized project within complies with all of the requirements that velopment Act of 2016 (43 U.S.C. 390b-2(i)) is
the inland waterway system. would apply to a feasibility study under- amended—
(g) NOTIFICATION.—If a non-Federal inter- (1) by striking ‘‘The Secretary may’’ and
taken by the Secretary; and
est notifies the Secretary that the non-Fed- inserting the following:
‘‘(B) completes all of the Federal analyses,
eral interest intends to carry out moderniza- ‘‘(1) CONTRIBUTED FUNDS FOR CORPS
reviews, and compliance processes under the
tion activities for an authorized project, or PROJECTS.—The Secretary may’’; and
National Environmental Policy Act of 1969
separable element thereof, pursuant to this (2) by adding at the end the following:
(42 U.S.C. 4321 et seq.), that would be re-
section, the Secretary shall provide written ‘‘(2) CONTRIBUTED FUNDS FOR OTHER FED-
quired with respect to the proposed project if
notice to the Committee on Environment ERAL RESERVOIR PROJECTS.—The Secretary is
the Secretary had undertaken the feasibility
and Public Works of the Senate and the authorized to receive and expend funds from
Committee on Transportation and Infra- study.
‘‘(3) INITIATION OF REVIEW.— a non-Federal interest to formulate, review,
structure of the House of Representatives or revise operational documents, pursuant to
concerning the intent of the non-Federal in- ‘‘(A) REQUEST.—
‘‘(i) SUBMISSION.—The non-Federal interest a proposal submitted in accordance sub-
terest. section (a), for any reservoir for which the
(h) SUNSET.— may submit to the Secretary a request that
the Secretary initiate the analyses, reviews, Secretary is authorized to prescribe regula-
(1) IN GENERAL.—The authority of the Sec-
and compliance processes described in para- tions for the use of storage allocated for
retary to enter into an agreement under this
graph (2)(B) with respect to the proposed flood control or navigation pursuant to sec-
section shall terminate on the date that is 5
project prior to the non-Federal interest’s tion 7 of the Act of December 22, 1944 (33
years after the date of enactment of this
submission of a feasibility study under sub- U.S.C. 709).’’.
Act.
(2) REIMBURSEMENT ELIGIBILITY.—The ter- section (a)(1). SEC. 163. SENSE OF CONGRESS ON REMOVAL OF
‘‘(ii) EFFECT.—Receipt by the Secretary of UNAUTHORIZED, MANMADE, FLAM-
mination of authority under paragraph (1) MABLE MATERIALS ON CORPS PROP-
shall not extinguish the eligibility of a non- a request submitted under clause (i) shall be
ERTY.
Federal interest to seek reimbursement considered the receipt of a proposal or appli-
cation that will lead to a major Federal ac- It is the sense of Congress that the Sec-
under subsection (e). retary should, using existing authorities,
SEC. 160. DEFINITION OF ECONOMICALLY DIS- tion that is subject to the requirements of
section 102(2)(C) of the National Environ- prioritize the removal, from facilities and
ADVANTAGED COMMUNITY.
mental Policy Act of 1969 (42 U.S.C. lands of the Corps of Engineers in regions
(a) IN GENERAL.—Not later than 180 days
4332(2)(C)) that would be required if the Sec- that are urban and arid, of materials that
after the date of enactment of this Act, the
retary were to undertake the feasibility are manmade, flammable, unauthorized to be
Secretary shall issue guidance defining the
study. present, and determined by the Secretary to
term ‘‘economically disadvantaged commu-
‘‘(B) DEADLINE.—Not later than 10 days pose a fire risk that is a threat to public
nity’’ for the purposes of this Act and the
amendments made by this Act. after the Secretary receives a request under safety.
(b) CONSIDERATIONS.—In defining the term this paragraph, the Secretary shall begin the SEC. 164. ENHANCED DEVELOPMENT PROGRAM.
‘‘economically disadvantaged community’’ required analyses, reviews, and compliance (a) IN GENERAL.—The Secretary shall re-
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under subsection (a), the Secretary shall, to processes. view the master plan and shoreline manage-
the maximum extent practicable, utilize the ‘‘(4) NOTIFICATION.—Upon receipt of a re- ment plan for any lake described in section
criteria under paragraph (1) or (2) of section quest under paragraph (3), the Secretary 3134 of the Water Resources Development
301(a) of the Public Works and Economic De- shall notify the Committee on Transpor- Act of 2007 (121 Stat. 1142; 130 Stat. 1671) for
velopment Act of 1965 (42 U.S.C. 3161), to the tation and Infrastructure of the House of the purpose of identifying structures or
extent that such criteria are applicable in re- Representatives and the Committee on Envi- other improvements that are owned by the
lation to the development of water resources ronment and Public Works of the Senate of Secretary and are suitable for enhanced de-
development projects. the request and a timeline for completion of velopment, if—
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December 8, 2020 CONGRESSIONAL RECORD — HOUSE H6951
(1) the master plan and shoreline manage- standing section 3(c) of the Act of August 13, (10) TANGIPAHOA PARISH, LOUISIANA.—
ment plan of the lake have been updated 1946 (33 U.S.C. 426g(c)), there is authorized to Project for flood risk management,
since January 1, 2013; and be appropriated to carry out such section Tangipahoa Parish, Louisiana.
(2) the applicable district office of the $38,000,000 for each of fiscal years 2021 (11) NEWBURY AND NEWBURYPORT, MASSA-
Corps of Engineers has received a written re- through 2024. CHUSETTS.—Project for coastal storm risk
quest for such a review from any entity. (3) SMALL RIVER AND HARBOR IMPROVEMENT management, Newbury and Newburyport,
(b) DEFINITION OF ENHANCED DEVELOP- PROJECTS.—Notwithstanding section 107(a) of Massachusetts.
MENT.—In this section, the term ‘‘enhanced the River and Harbor Act of 1960 (33 U.S.C. (12) ESCATAWPA RIVER BASIN, MISSISSIPPI.—
development’’ means the use, for non-water- 577(a)), there is authorized to be appropriated Project for flood risk management and eco-
dependent commercial or hospitality indus- to carry out such section $63,000,000 for each system restoration, Escatawpa River, Jack-
try purposes or for residential or rec- of fiscal years 2021 through 2024. son County, Mississippi.
reational purposes, of an existing structure (4) REGIONAL SEDIMENT MANAGEMENT.—Not- (13) LONG BEACH, BAY ST. LOUIS AND MIS-
or other improvement. withstanding section 204(g) of the Water Re- SISSIPPI SOUND, MISSISSIPPI.—Project for hur-
(c) DIVESTMENT AUTHORITY.—Not later sources Development Act of 1992 (33 U.S.C. ricane and storm damage risk reduction and
than 1 year after the date of enactment of 2326(g)), there is authorized to be appro- flood risk management, Long Beach, Bay St.
this Act, the Secretary shall— priated to carry out such section $63,000,000 Louis and Mississippi Sound, Mississippi.
(1) submit to the Committee on Environ- for each of fiscal years 2021 through 2024. (14) TALLAHOMA AND TALLAHALA CREEKS,
ment and Public Works of the Senate and (5) SMALL FLOOD CONTROL PROJECTS.—Not- MISSISSIPPI.—Project for flood risk manage-
the Committee on Transportation and Infra- withstanding section 205 of the Flood Con- ment, Leaf River, Jones County, Mississippi.
structure of the House of Representatives a trol Act of 1948 (33 U.S.C. 701s), there is au- (15) LOWER MISSOURI RIVER, MISSOURI.—
report that identifies— thorized to be appropriated to carry out such Project for navigation, Lower Missouri
(A) any structure or other improvement section $69,250,000 for each of fiscal years 2021 River, Missouri.
owned by the Secretary that— through 2024. (16) LOWER OSAGE RIVER BASIN, MISSOURI.—
(i) has been identified as suitable for en- (6) AQUATIC ECOSYSTEM RESTORATION.—Not- Project for ecosystem restoration, Lower
hanced development pursuant to subsection withstanding section 206(f) of the Water Re- Osage River Basin, Missouri.
(a); sources Development Act of 1996 (33 U.S.C. (17) WYATT, MISSOURI.—Project for flood
(ii) the Secretary determines the divest- 2330(f)), there is authorized to be appro- risk management, P. Fields Pump Station,
ment of which would not adversely affect the priated to carry out such section $63,000,000 Wyatt, Missouri.
Corps of Engineers operation of the lake at for each of fiscal years 2021 through 2024. (18) UPPER BASIN AND STONY BROOK (GREEN
which the structure or other improvement is (7) REMOVAL OF OBSTRUCTIONS; CLEARING BROOK SUB-BASIN), RARITAN RIVER BASIN, NEW
located; and CHANNELS.—Notwithstanding section 2 of the JERSEY.—Reevaluation of the Upper Basin
(iii) a non-Federal interest has offered to Act of August 28, 1937 (33 U.S.C. 701g), there and Stony Brook portions of the project for
purchase from the Secretary; and is authorized to be appropriated to carry out flood control, Green Brook Sub-basin, Rari-
(B) the fair market value of any structure such section $8,000,000 for each of fiscal years tan River Basin, New Jersey, authorized by
or other improvement identified under sub- 2021 through 2024. section 401 of the Water Resources Develop-
paragraph (A); and (8) PROJECT MODIFICATIONS FOR IMPROVE- ment Act of 1986 (100 Stat. 4119), including
(2) develop a plan to divest any structure MENT OF ENVIRONMENT.—Notwithstanding the evaluation of nonstructural measures to
or other improvement identified under para- section 1135(h) of the Water Resources Devel- achieve the project purpose.
graph (1)(A), at fair market value, to the ap- opment Act of 1986 (33 U.S.C. 2309a(h)), there (19) WADING RIVER CREEK, NEW YORK.—
plicable non-Federal interest. is authorized to be appropriated to carry out Project for hurricane and storm damage risk
SEC. 165. CONTINUING AUTHORITY PROGRAMS. such section $50,500,000 for each of fiscal reduction, flood risk management, naviga-
(a) PILOT PROGRAM FOR CONTINUING AU- years 2021 through 2024. tion, and ecosystem restoration, Wading
THORITY PROJECTS IN SMALL OR DISADVAN- TITLE II—STUDIES AND REPORTS River Creek, New York.
TAGED COMMUNITIES.— (20) LOWER COLUMBIA RIVER BASIN (TURNING
SEC. 201. AUTHORIZATION OF PROPOSED FEASI-
(1) IN GENERAL.—Not later than 180 days BILITY STUDIES. BASIN), OREGON AND WASHINGTON.—Project to
after the date of enactment of this Act, the (a) IN GENERAL.—The Secretary is author- improve and add turning basins for the
Secretary shall implement a pilot program, ized to conduct a feasibility study for the project for navigation, Columbia River Chan-
in accordance with this subsection, for car- following projects for water resources devel- nel, Oregon and Washington, authorized by
rying out a project under a continuing au- opment and conservation and other purposes, section 101(b)(13) of the Water Resources De-
thority program for an economically dis- as identified in the reports titled ‘‘Report to velopment Act of 1999 (113 Stat. 280).
advantaged community. Congress on Future Water Resources Devel- (21) WILLIAMSPORT, PENNSYLVANIA.—
(2) PARTICIPATION IN PILOT PROGRAM.—In opment’’ submitted to Congress pursuant to Project for flood risk management and levee
carrying out paragraph (1), the Secretary section 7001 of the Water Resources Reform rehabilitation, greater Williamsport, Penn-
shall— and Development Act of 2014 (33 U.S.C. 2282d) sylvania.
(A) publish a notice in the Federal Register or otherwise reviewed by Congress: (22) CITY OF CHARLESTON, SOUTH CARO-
that requests non-Federal interest proposals (1) SULPHUR RIVER, ARKANSAS AND TEXAS.— LINA.—Project for tidal- and inland-related
for a project under a continuing authority Project for ecosystem restoration, Sulphur flood risk management, Charleston, South
program for an economically disadvantaged River, Arkansas and Texas. Carolina.
community; and (2) CABLE CREEK, CALIFORNIA.—Project for (23) CHOCOLATE BAYOU, TEXAS.—Project for
(B) review such proposals and select a total flood risk management, water supply, and flood risk management, Chocolate Bayou,
of 10 projects, taking into consideration geo- related benefits, Cable Creek, California. Texas.
graphic diversity among the selected (3) OROVILLE DAM, CALIFORNIA.—Project for (24) HOUSTON-GALVESTON, TEXAS.—Project
projects. dam safety improvements, Oroville Dam, for navigation, Houston-Galveston, Texas.
(3) COST SHARE.—Notwithstanding the cost California. (25) PORT ARTHUR AND ORANGE COUNTY,
share authorized for the applicable con- (4) RIO HONDO CHANNEL, CALIFORNIA.— TEXAS.—Project for flood risk management,
tinuing authority program, the Federal Project for ecosystem restoration, Rio Port Arthur and Orange County, Texas, in-
share of the cost of a project selected under Hondo Channel, San Gabriel River, Cali- cluding construction of improvements to in-
paragraph (2) shall be 100 percent. fornia. terior drainage.
(4) SUNSET.—The authority to commence (5) SHINGLE CREEK AND KISSIMMEE RIVER, (26) PORT OF VICTORIA, TEXAS.—Project for
pursuant to this subsection a project se- FLORIDA.—Project for ecosystem restoration
flood risk management, Port of Victoria,
lected under paragraph (2) shall terminate on and water storage, Shingle Creek and Kis- Texas.
the date that is 10 years after the date of en- simmee River, Osceola County, Florida. (27) VIRGINIA BEACH AND VICINITY, VIRGINIA
actment of this Act. (6) ST. JOHN’S RIVER AND LAKE JESUP, FLOR- AND NORTH CAROLINA.—Project for coastal
(5) CONTINUING AUTHORITY PROGRAM DE- IDA.—Project for ecosystem restoration, St.
storm risk management, Virginia Beach and
FINED.—In this subsection, the term ‘‘con- John’s River and Lake Jesup, Florida. vicinity, Virginia and North Carolina.
tinuing authority program’’ has the meaning (7) CHICAGO AREA WATERWAYS SYSTEM, ILLI- (b) SPECIAL RULE.—The Secretary shall
given that term in section 7001(c)(1)(D) of NOIS.—Project for ecosystem restoration, consider any study carried out by the Sec-
Water Resources Reform and Development recreation, and other purposes, Illinois retary to formulate the project for flood risk
Act of 2014 (33 U.S.C. 2282d). River, Chicago River, Calumet River, Grand management, Port Arthur and Orange Coun-
(b) AUTHORIZATIONS OF APPROPRIATIONS.— Calumet River, Little Calumet River, and ty, Texas, identified in subsection (a)(25) to
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(1) EMERGENCY STREAMBANK AND SHORELINE other waterways in the vicinity of Chicago, be a continuation of the study carried out
PROTECTION.—Notwithstanding section 14 of Illinois. for Sabine Pass to Galveston Bay, Texas, au-
the Flood Control Act of 1946 (33 U.S.C. 701r), (8) FOX RIVER, ILLINOIS.—Project for flood thorized by a resolution of the Committee on
there is authorized to be appropriated to risk management, Fox River, Illinois. Environment and Public Works of the Sen-
carry out such section $25,500,000 for each of (9) LOWER MISSOURI RIVER, KANSAS.— ate, approved June 23, 2004, and funded by
fiscal years 2021 through 2024. Project for bank stabilization and naviga- title IV of division B of the Bipartisan Budg-
(2) STORM AND HURRICANE RESTORATION AND tion, Lower Missouri River, Sioux City, Kan- et Act of 2018, under the heading ‘‘CORPS OF
IMPACT MINIMIZATION PROGRAM.—Notwith- sas. ENGINEERS—CIVIL—DEPARTMENT OF
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H6952 CONGRESSIONAL RECORD — HOUSE December 8, 2020
THE ARMY—CONSTRUCTION’’ (Public Law (27) Project for ecosystem restoration, Cen- 100–581 (102 Stat. 2944), Oregon and Wash-
115–123; 132 Stat. 76). tral and Southern Florida Project Canal 111 ington.
SEC. 202. EXPEDITED COMPLETIONS. (C–111), South Dade County, Florida. (53) Project for flood risk management,
(a) FEASIBILITY REPORTS.—The Secretary (28) Project for ecosystem restoration, Dorchester County, South Carolina.
shall expedite the completion of a feasibility Lake Okeechobee, Florida. (54) Project for navigation, Georgetown
study for each of the following projects, and (29) Project for ecosystem restoration, Harbor, South Carolina.
if the Secretary determines that the project Western Everglades, Florida. (55) Project for hurricane and storm dam-
is justified in a completed report, may pro- (30) Project for flood risk management, age risk reduction, Myrtle Beach, South
ceed directly to preconstruction planning, Hanapepe River, Kauai, Hawaii. Carolina.
engineering, and design of the project: (31) Project for flood risk management, (56) Project to modify the projects for navi-
(1) Project for navigation, Florence, Ala- Wailupe Stream, Oahu, Hawaii. gation and other purposes, Old Hickory Lock
bama. (32) Project for flood risk management, and Dam and the Cordell Hull Dam and Res-
(2) Project to modify the project for navi- Waimea River, Kauai, Hawaii, being carried ervoir, Cumberland River, Tennessee, au-
gation, Tennessee-Tombigbee Waterway, out under section 205 of the Flood Control thorized by the Act of July 24, 1946 (chapter
Alabama, Kentucky, Mississippi, and Ten- Act of 1948 (33 U.S.C. 701s). 595, 60 Stat. 636), to add flood risk manage-
nessee. (33) Project for comprehensive hurricane ment as an authorized purpose.
(3) Project for shoreline stabilization, and storm damage risk reduction and shore- (57) Project for flood risk management,
Aunu‘u Harbor, American Samoa. line erosion protection, Chicago, Illinois, au- Buffalo Bayou, Texas.
(4) Project for shoreline stabilization, thorized by section 101(a)(12) of the Water (58) Project for flood risk management,
Tutuila Island, American Samoa. Resources Development Act of 1996 (110 Stat. ecosystem restoration, water supply, and re-
(5) Project for flood risk management, 3664; 113 Stat. 302). lated purposes, Lower Rio Grande River,
Lower Santa Cruz River, Arizona. (34) Project for flood risk management, Cameron County, Texas, carried out pursu-
(6) Project for flood risk management, Rio Wheaton, DuPage County, Illinois. ant to the resolution of the Committee on
de Flag, Arizona. (35) Project for flood damage reduction, Transportation and Infrastructure of the
(7) Project for flood risk management, ecosystem restoration, and recreation, Blue House of Representatives adopted on May 21,
Tonto Creek, Gila River, Arizona. River Basin, Kansas City, Kansas, carried 2003 (docket number 2710).
(8) Project for flood control, water con- out pursuant to the resolution of the Com- (59) Project for hurricane and storm dam-
servation, and related purposes, Coyote Val- mittee on Transportation and Infrastructure age risk reduction and shoreline erosion pro-
ley Dam, California. of the House of Representatives adopted on tection, Bolongo Bay, St. Thomas, United
(9) Project for shoreline stabilization, Del September 24, 2008 (docket number 2803). States Virgin Islands.
Mar Bluffs, San Diego County, California, (36) Project for flood control, Amite River (60) Project for water supply and eco-
carried out pursuant to the resolution of the and Tributaries east of the Mississippi River, system restoration, Howard Hanson Dam,
Committee on Transportation and Infra- Louisiana. Washington.
structure of the House of Representatives (37) Project for coastal storm risk manage- (61) Project for ecosystem restoration,
adopted on April 22, 1999 (docket number ment, Upper Barataria Basin, Louisiana. Puget Sound, Washington.
2598). (38) Project for navigation, Kent Narrows (62) Project for navigation, Seattle Harbor,
(10) Project for flood damage reduction and and Chester River, Queen Anne’s County,
Washington.
ecosystem restoration, Del Rosa Channel, Maryland.
(63) Project for navigation, Tacoma Har-
city of San Bernardino, California. (39) Project to replace the Bourne and Sag-
bor, Washington.
(11) Project for flood risk management, amore Bridges, Cape Cod, Massachusetts.
(64) Project for dam safety remediation,
Lower Cache Creek, California. (40) Project for flood risk management,
Bluestone Dam, West Virginia.
(12) Project for flood damage reduction and ecosystem restoration, and recreation,
(65) Project to modify the project for navi-
ecosystem restoration, Mission-Zanja Chan- Lower St. Croix River, Minnesota, carried
gation, Milwaukee Harbor, Wisconsin.
nel, cities of San Bernardino and Redlands, out pursuant to the resolution of the Com-
California. mittee on Transportation and Infrastructure (b) POST-AUTHORIZATION CHANGE RE-
(13) Project for flood risk management, of the House of Representatives adopted on PORTS.—The Secretary shall expedite com-
Napa, California. September 25, 2002 (docket number 2705). pletion of a post-authorization change report
(14) Project for shoreline protection, (41) Project to deepen the project for navi- for the following projects:
Oceanside, California, authorized pursuant gation, Gulfport Harbor, Mississippi, author- (1) Project for ecosystem restoration, Tres
to section 414 of the Water Resources Devel- ized by section 202(a) of the Water Resources Rios, Arizona.
opment Act of 2000 (114 Stat. 2636; 121 Stat. Development Act of 1986 (100 Stat. 4094). (2) Project for flood risk management, Des
1176). (42) Project for navigation, Shark River, Moines Levee System, including Birdland
(15) Project for ecosystem restoration and New Jersey. Park Levee, Des Moines and Raccoon Rivers,
water conservation, Prado Basin, Orange, (43) Project for navigation, Goldsmith Des Moines, Iowa.
Riverside, and San Bernardino counties, Inlet, New York. (c) WATERSHED AND RIVER BASIN ASSESS-
California. (44) Project for navigation, Lake Montauk MENTS.—The Secretary shall expedite the
(16) Project for water conservation and Harbor, New York. completion of an assessment under section
water supply, Redbank and Fancher Creeks, (45) Project for rehabilitation of Lock E–32, 729 of the Water Resources Development Act
California. Erie Canal, Pittsford, New York. of 1986 (33 U.S.C. 2267a) for the following:
(17) Project for coastal storm damage re- (46) Project for navigation and shoreline (1) Kansas River Basin, Kansas.
duction, San Diego County shoreline, Cali- stabilization, Reel Point Preserve, New (2) Merrimack River Basin, Massachusetts.
fornia. York, carried out pursuant to the resolution (3) Pascagoula River Basin, Mississippi.
(18) Project to modify the project for navi- of the Committee on Transportation and In- (4) Tuscarawas River Basin, Ohio.
gation, San Francisco Bay to Stockton, Cali- frastructure of the House of Representatives (5) Lower Fox River Basin, Wisconsin.
fornia. adopted on May 2, 2007 (docket number 2775). (6) Upper Fox River Basin and Wolf River
(19) Project for flood risk management, (47) Project for flood risk management, Basin, Wisconsin.
San Francisquito Creek, California. Rondout Creek-Wallkill River Watershed,
(d) DISPOSITION STUDIES.—The Secretary
(20) Project to modify the Seven Oaks New York, carried out pursuant to the reso-
shall expedite the completion of a disposi-
Dam, California, portion of the project for lution of the Committee on Transportation
tion study, carried out under section 216 of
flood control, Santa Ana River Mainstem, and Infrastructure of the House of Rep-
the Flood Control Act of 1970 (33 U.S.C. 549a),
California, authorized by section 401(a) of the resentatives adopted on May 2, 2007 (docket
for the project for Salinas Reservoir (Santa
Water Resources Development Act of 1986 number 2776).
Margarita Lake), California.
(100 Stat. 4113; 101 Stat. 1329–111; 104 Stat. (48) Project for ecosystem restoration and
4611; 110 Stat. 3713; 121 Stat. 1115), to include hurricane and storm damage risk reduction, (e) REALLOCATION STUDIES.—The Secretary
water conservation as an authorized purpose. Spring Creek South (Howard Beach), Queens, shall expedite the completion of a study for
(21) Project for coastal storm damage re- New York. the reallocation of water supply storage, car-
duction, Southern California. (49) Project for ecosystem restoration, ried out in accordance with section 301 of the
(22) Project for water storage, Halligan Hood River at the confluence with the Co- Water Supply Act of 1958 (43 U.S.C. 390b), for
Dam, Colorado. lumbia River, Oregon. the following:
(23) Project for flood risk management, (50) Project to resolve increased silting and (1) Aquilla Lake, Texas.
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East Hartford Levee System, Connecticut. shoaling adjacent to the Federal channel, (2) Lake Whitney, Texas.
(24) Project for flood risk management, Port of Bandon, Coquille River, Oregon. (f) ECONOMIC REEVALUATION REPORT.—The
Fairfield and New Haven Counties, Con- (51) Project for flood control, 42nd Street Secretary shall expedite the completion of
necticut. Levee, Springfield, Oregon, being carried out the economic reevaluation report for the
(25) Project for navigation, Guilford Harbor under section 205 of the Flood Control Act of navigation and sustainability program car-
and Sluice Channel, Connecticut. 1948 (33 U.S.C. 701s). ried out pursuant to title VIII of the Water
(26) Project for flood risk management, (52) Project for construction of Tribal Resources Development Act of 2007 (33 U.S.C.
Hartford Levee System, Connecticut. housing authorized by title IV of Public Law 652 note).
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December 8, 2020 CONGRESSIONAL RECORD — HOUSE H6953
SEC. 203. EXPEDITED MODIFICATIONS OF EXIST- during which a non-Federal interest may (U) A project for repair of a sheet pile wall
ING FEASIBILITY STUDIES. submit a proposal to be considered for inclu- and east breakwater, Great Sodus Bay, New
(a) IN GENERAL.—The Secretary shall expe- sion in an annual report pursuant to section York.
dite the completion of the following feasi- 7001(b) of the Water Resources Reform and (V) A feasibility study for the project for
bility studies, as modified by this section, Development Act of 2014 (33 U.S.C. 2282d(b)), navigation, Port of Oswego, New York.
and if the Secretary determines that a the Secretary is authorized to provide assist- (W) A feasibility study for potential
project that is the subject of the feasibility ance in accordance with section 1104(b) of the projects for the rehabilitation of the Glens
study is justified in a completed report, may Falls Feeder Canal, which begins at the
Water Resources Development Act of 2018 (33
proceed directly to preconstruction plan- Feeder Dam intersection with the Hudson
U.S.C. 2282d note) to the non-Federal inter-
ning, engineering, and design of the project: River in Queensbury, New York, and runs to
est of a project proposal described in para-
(1) SAN FRANCISCO BAY, CALIFORNIA.—The the confluence of the Old Champlain Canal
study for flood risk reduction authorized by graph (2).
(2) PROJECT PROPOSALS DESCRIBED.—A in Kingsbury, New York.
section 142 of the Water Resources Develop- (X) A feasibility study to determine wheth-
ment Act of 1976 (90 Stat. 2930), is modified project proposal referred to in paragraph (1)
is a proposal for any of the following: er the purchase of additional flood ease-
to authorize the Secretary to— ments, changes in lake level management,
(A) investigate the ocean shoreline of San (A) A feasibility study for a fish passage
for ecosystem restoration, Lower Alabama additional levee infrastructure, or imple-
Mateo, San Francisco, and Marin Counties mentation of other flood risk management
for the purposes of providing flood protection River, Alabama.
(B) A feasibility study for dredged material or containment mechanisms in the Arkansas
against tidal and fluvial flooding; River Basin, Oklahoma, would benefit local
(B) with respect to the bay and ocean disposal management activities, Port of
communities by reducing flood risks around
shorelines of San Mateo, San Francisco, and Florence, Alabama.
water resources development projects of the
Marin Counties, investigate measures to (C) A feasibility study for a project for
Corps of Engineers in a range of different
adapt to rising sea levels; and flood risk management, Sikorsky Memorial
flood scenarios.
(C) with respect to the bay and ocean Airport, Bridgeport, Connecticut.
(Y) A feasibility study on increasing the
shorelines, and streams running to the bay (D) A feasibility study for a project to de-
frequency and depth of dredging assistance
and ocean shorelines, of San Mateo, San sign and construct the Naugatuck River
from the Corps of Engineers at the Port of
Francisco, and Marin Counties, investigate Greenway Trail, a multiuse trail on Federal Astoria, located at the mouth of the Colum-
the effects of proposed flood protection and land between Torrington and Derby, Con- bia River, Oregon.
other measures or improvements on— necticut. (b) FEASIBILITY ANALYSIS.—
(i) the local economy; (E) A feasibility study for a project for (1) IN GENERAL.—Subject to the avail-
(ii) habitat restoration, enhancement, or coastal and flood risk management, Strat- ability of appropriations, the Secretary is
expansion efforts or opportunities; ford, Connecticut. authorized to review a project proposal de-
(iii) public infrastructure protection and (F) A feasibility study for projects for flood scribed in paragraph (2) and issue a report to
improvement; risk management, Woodbridge, Connecticut. the Committee on Environment and Public
(iv) stormwater runoff capacity and con- (G) The project for flood risk management, Works of the Senate and the Committee on
trol measures, including those that may Bloomington, Indiana. Transportation and Infrastructure of the
mitigate flooding; (H) The project for flood risk management, House of Representatives on whether a modi-
(v) erosion of beaches and coasts; and Gary, Indiana. fication to the project that is the subject of
(vi) any other measures or improvements (I) Modification of the project for beach the proposal is necessary and recommended
relevant to adapting to rising sea levels. erosion and hurricane protection, Grand Isle, to carry out the authorized purposes of such
(2) SACRAMENTO RIVER, SOUTHERN SUTTER Louisiana, to include periodic beach nourish- project.
COUNTY, CALIFORNIA.—The study for flood ment. (2) PROJECT PROPOSALS DESCRIBED.—A
control and allied purposes for the Sac- (J) A feasibility study for a project for project proposal referred to in paragraph (1)
ramento River Basin, authorized by section flood risk management, Cataouatche is a proposal to modify any of the following:
209 of the Flood Control Act of 1962 (76 Stat. Subbasin area of the west bank of Jefferson (A) The project for environmental infra-
1197), is modified to authorize the Secretary Parish, Louisiana. structure, City of Sheffield, Alabama, au-
to conduct a study for flood risk manage- (K) A feasibility study for projects for thorized pursuant to section 219(f)(78) of the
ment, southern Sutter County between the flood risk management and storm damage Water Resources Development Act of 1992
Sacramento River and Sutter Bypass, Cali- reduction in the Hoey’s Basin area of the (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1258; 130
fornia. east bank of Jefferson Parish, Louisiana, in- Stat. 1687).
(3) SALTON SEA, CALIFORNIA.—In carrying cluding a study of the ‘‘pump to the river’’ (B) The project for environmental infra-
out the program to implement projects to re- concept. structure, Calaveras County, California,
store the Salton Sea, California, authorized (L) A feasibility study for a project for under section 219(f)(86) of the Water Re-
by section 3032 of the Water Resources Devel- flood risk management, Hoosic River, Massa- sources Development Act of 1992 (106 Stat.
opment Act of 2007 (121 Stat. 1113; 130 Stat. chusetts. 4835; 113 Stat. 335; 121 Stat. 1259).
1677), the Secretary is authorized to carry (M) Modification of the project for naviga- (C) The project for environmental infra-
out a study for the construction of a perim- tion, River Rouge, Michigan. structure, Charlotte County, Florida, au-
eter lake, or a northern or southern subset (N) A project to extend dredging of the thorized by section 219(f)(121) of the Water
thereof, for the Salton Sea, California. South Haven Harbor, Michigan, to include Resources Development Act of 1992 (106 Stat.
(4) NEW YORK AND NEW JERSEY HARBOR AND the former turning basin. 4835; 113 Stat. 335; 121 Stat. 1261).
TRIBUTARIES, NEW YORK AND NEW JERSEY.— (O) Modification of the project for flood (D) The Mississippi River and Tributaries
The study for flood and storm damage reduc- risk management, Upper Rouge River, project authorized by the first section of the
tion for the New York and New Jersey Har- Wayne County, Michigan. Act of May 15, 1928 (33 U.S.C. 702a), to include
bor and Tributaries project, authorized by (P) A project for aquatic and riparian eco- the portion of the Ouachita River Levee Sys-
the Act of June 15, 1955 (chapter 140, 69 Stat. system restoration, Line Creek, Riverside, tem at and below Monroe, Louisiana, to
132), and being carried out pursuant to the Missouri. Caldwell Parish, Louisiana.
Disaster Relief Appropriations Act, 2013 (Q) A feasibility study for projects for eco- (E) The project for environmental infra-
(Public Law 113–2), is modified to require the system restoration, Bangert Island, St. structure, Central New Mexico, authorized
Secretary to— Charles, Missouri, related to channels and by section 593 of the Water Resources Devel-
(A) evaluate and address the impacts of aquatic habitats. opment Act of 1999 (113 Stat. 380; 119 Stat.
low-frequency precipitation and sea-level (R) A study of the resiliency of the Alle- 2255).
rise on the study area; gheny Reservoir, New York, in consultation (F) The project for environmental infra-
(B) consult with affected communities; and with the Seneca Nation. structure, Village of Whitehall, New York,
(C) ensure the study is carried out in ac- (S) A feasibility study for the rehabilita- authorized pursuant to section 542 of the
cordance with section 1001 of the Water Re- tion of the tainter gates and guard gate, Water Resources Development Act of 2000
sources Reform and Development Act of 2014 Caughdenoy Dam, New York, including an (114 Stat. 2671; 121 Stat. 1150).
(33 U.S.C. 2282c). evaluation of the rehabilitation work nec- (G) The project for environmental infra-
(b) CONSIDERATIONS.—Where appropriate, essary to extend the service life of those structure, Ohio and North Dakota, author-
the Secretary may use the authority pro- structures, such as— ized by section 594 of the Water Resources
vided by section 216 of the Flood Control Act (i) improvements to the hydraulic effi- Development Act of 1999 (113 Stat. 383; 121
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of 1970 (33 U.S.C. 549a) to carry out this sec- ciency of the gate systems; Stat. 1140; 121 Stat. 1944).
tion. (ii) improvements to the concrete founda- (H) The project for flood risk management
SEC. 204. ASSISTANCE TO NON-FEDERAL SPON- tion and gate support structures; and and water supply, Tenkiller Ferry Lake, Ar-
SORS; FEASIBILITY ANALYSIS. (iii) any other improvements the Secretary kansas River Basin, Oklahoma, authorized
(a) ASSISTANCE TO NON-FEDERAL SPON- determines to be necessary. by section 4 of the Act of June 28, 1938 (chap-
SORS.— (T) A project for repairs to the West Pier ter 795, 52 Stat. 1218), to modify water stor-
(1) IN GENERAL.—Subject to the avail- and West Barrier Bar, Little Sodus Bay Har- age to provide for a sufficient quantity of
ability of appropriations, during the period bor, Cayuga County, New York. water supply storage space in the inactive
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H6954 CONGRESSIONAL RECORD — HOUSE December 8, 2020
pool storage to support the fishery down- (1) provides an update on the study for Works of the Senate and the Committee on
stream from Tenkiller Reservoir. flood risk management and riverbank sta- Transportation and Infrastructure of the
(I) The project for environmental infra- bilization, Selma, Alabama, authorized by House of Representatives a report on the sta-
structure, Athens, Tennessee, authorized by resolutions of the Committees on Public tus of the study under subsection (a), on a
section 219(f)(254) of the Water Resources De- Works and Rivers and Harbors of the House State-by-State basis, including information
velopment Act of 1992 (106 Stat. 4835; 113 of Representatives on June 7, 1961, and April on the engagement of the Corps of Engineers
Stat. 335; 121 Stat. 1267). 28, 1936, respectively, the completion of with non-Federal interests, including de-
(J) The project for environmental infra- which the Secretary was required to expedite tailed lists of all meetings and decision out-
structure, Blaine, Tennessee, authorized by by section 1203 of the Water Resources Devel- comes associated with those engagements.’’.
section 219(f)(255) of the Water Resources De- opment Act of 2018 (132 Stat. 3803); and SEC. 209. COMPREHENSIVE STUDY OF THE SAC-
velopment Act of 1992 (106 Stat. 4835; 113 (2) identifies project alternatives necessary RAMENTO RIVER, YOLO BYPASS,
Stat. 335; 121 Stat. 1267). to— CALIFORNIA.
(K) The project for environmental infra- (A) assure the preservation of cultural and (a) COMPREHENSIVE STUDY.—The Secretary
structure, Claiborne County, Tennessee, au- historic values associated with national his- shall conduct a comprehensive study of the
thorized by section 219(f)(256) of the Water toric landmarks within the study area; and Sacramento River in the vicinity of the Yolo
Resources Development Act of 1992 (106 Stat. (B) provide flood risk management for eco- Bypass System, California, to identify ac-
4835; 113 Stat. 335; 121 Stat. 1267). nomically disadvantaged communities with- tions to be undertaken by the Secretary for
(L) The project for environmental infra- in the study area. the comprehensive management of the Yolo
structure, Giles County, Tennessee, author- Bypass System for the purposes of flood risk
SEC. 206. REPORT ON CORPS OF ENGINEERS FA-
ized by section 219(f)(257) of the Water Re- CILITIES IN APPALACHIA. management, ecosystem restoration, water
sources Development Act of 1992 (106 Stat. supply, hydropower, and recreation.
(a) IN GENERAL.—Not later than 180 days (b) CONSULTATION AND USE OF EXISTING
4835; 113 Stat. 335; 121 Stat. 1267). after the date of enactment of this Act, the
(M) The project for environmental infra- DATA.—
Secretary, in collaboration with the Appa- (1) CONSULTATION.—In conducting the com-
structure, Grainger County, Tennessee, au- lachian Regional Commission established by
thorized by section 219(f)(258) of the Water prehensive study under subsection (a), the
section 14301(a) of title 40, United States Secretary shall consult with the Governor of
Resources Development Act of 1992 (106 Stat. Code, shall submit to the Committee on En-
4835; 113 Stat. 335; 121 Stat. 1267). the State of California, applicable Federal,
vironment and Public Works of the Senate State, and local agencies, non-Federal inter-
(N) The project for environmental infra- and the Committee on Transportation and
structure, Hamilton County, Tennessee, au- ests, the Yolo Bypass and Cache Slough
Infrastructure of the House of Representa- Partnership, and other stakeholders.
thorized by section 219(f)(259) of the Water
tives a report that identifies each Corps of (2) USE OF EXISTING DATA AND PRIOR STUD-
Resources Development Act of 1992 (106 Stat.
Engineers facility that— IES.—To the maximum extent practicable
4835; 113 Stat. 335; 121 Stat. 1267).
(1) is located within a distressed county or and where appropriate, the Secretary may—
(O) The project for environmental infra-
an at-risk county (as designated by the Ap- (A) make use of existing data provided to
structure, Harrogate, Tennessee, authorized
palachian Regional Commission pursuant to the Secretary by the entities identified in
by section 219(f)(260) of the Water Resources
subparagraph (A) or (B) of section 14526(a)(1), paragraph (1); and
Development Act of 1992 (106 Stat. 4835; 113
of title 40, United States Code), including in (B) incorporate—
Stat. 335; 121 Stat. 1267).
counties that are experiencing high unem- (i) relevant information from prior studies
(P) The project for environmental infra-
ployment or job loss; and and projects carried out by the Secretary
structure, Johnson County, Tennessee, au-
thorized by section 219(f)(261) of the Water (2) could be improved for purposes of eco- within the study area; and
Resources Development Act of 1992 (106 Stat. nomic development, recreation, or other (ii) the latest technical data and scientific
4835; 113 Stat. 335; 121 Stat. 1267). uses. approaches to changing hydrologic and cli-
(Q) The project for environmental infra- (b) HYDROPOWER FACILITIES.— matic conditions.
structure, Knoxville, Tennessee, authorized (1) IDENTIFICATION OF POTENTIAL HYDRO- (c) RECOMMENDATIONS.—
POWER DEVELOPMENT.—The Secretary shall (1) IN GENERAL.—In conducting the com-
by section 219(f)(262) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 113 include in the report submitted under sub- prehensive study under subsection (a), the
Stat. 335; 121 Stat. 1267). section (a) the identification of any existing Secretary may develop a recommendation to
(R) The project for environmental infra- nonpowered dams, located within a dis- Congress for—
structure, Lewis, Lawrence, and Wayne tressed county or an at-risk county, with the (A) the construction of a water resources
Counties, Tennessee, authorized by section potential to be used to test, evaluate, pilot, development project;
219(f)(264) of the Water Resources Develop- demonstrate, or deploy hydropower or en- (B) the structural or operational modifica-
ment Act of 1992 (106 Stat. 4835; 113 Stat. 335; ergy storage technologies. tion of an existing water resources develop-
121 Stat. 1268). (2) INFORMATION.—In carrying out this sub- ment project;
(S) The project for environmental infra- section, the Secretary may use any informa- (C) additional monitoring of, or adaptive
structure, Nashville, Tennessee, authorized tion developed pursuant to section 1206 of management measures to carry out with re-
by section 219(f)(263) of the Water Resources the Water Resources Development Act of spect to, existing water resources develop-
Development Act of 1992 (106 Stat. 4835; 113 2018 (132 Stat. 3806). ment projects, to respond to changing hydro-
Stat. 335; 121 Stat. 1267). (3) COORDINATION.—In carrying out para- logic and climatic conditions; or
(T) The project for environmental infra- graph (1), the Secretary shall coordinate (D) geographic areas within the Yolo By-
structure, Oak Ridge, Tennessee, authorized with any relevant National Laboratories. pass System for additional study by the Sec-
by section 219(f)(265) of the Water Resources SEC. 207. ADDITIONAL STUDIES UNDER NORTH retary.
Development Act of 1992 (106 Stat. 4835; 113 ATLANTIC COAST COMPREHENSIVE (2) ADDITIONAL CONSIDERATIONS.—Any fea-
STUDY.
Stat. 335; 121 Stat. 1268). sibility study carried out pursuant to a rec-
(U) The project for environmental infra- (a) IN GENERAL.—The Secretary shall carry ommendation under paragraph (1)(D) shall be
structure, Plateau Utility District, Morgan out a study to determine the feasibility of a considered to be a continuation of the com-
County, Tennessee, authorized by section project for hurricane and storm damage risk prehensive study authorized under sub-
219(f)(266) of the Water Resources Develop- reduction for any major metropolitan area section (a).
ment Act of 1992 (106 Stat. 4835; 113 Stat. 335; located in the study area for the comprehen- (d) COMPLETION OF STUDY; REPORT TO CON-
121 Stat. 1268). sive study authorized under the heading ‘‘De- GRESS.—Not later than 3 years after the date
(V) The authorized funding level for crit- partment of the Army—Corps of Engineers— of enactment of this section, the Secretary
ical restoration projects, Lake Champlain Civil—Investigations’’ under the Disaster shall submit to the Committee on Transpor-
watershed, Vermont and New York, author- Relief Appropriations Act, 2013 (Public Law tation and Infrastructure of the House of
ized by section 542 of the Water Resources 113–2) that was not included in a high-risk Representatives and the Committee on Envi-
Development Act of 2000 (114 Stat. 2671; 121 focus area identified in the study. ronment and Public Works of the Senate a
Stat. 1150). (b) TREATMENT.—A study carried out under report detailing—
(W) The project for environmental infra- subsection (a) shall be considered to be a (1) the results of the comprehensive study
structure, Eastern Shore and Southwest Vir- continuation of the comprehensive study de- conducted under subsection (a), including
ginia, authorized by section 219(f)(10) of the scribed in that subsection. any recommendations developed under sub-
Water Resources Development Act of 1992 SEC. 208. SOUTH ATLANTIC COASTAL STUDY. section (c);
(106 Stat. 4835; 113 Stat. 335; 121 Stat. 1255). Section 1204 of the Water Resources Devel- (2) any additional, site-specific areas with-
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SEC. 205. SELMA, ALABAMA. opment Act of 2016 (130 Stat. 1685) is amended in the Yolo Bypass System where additional
Not later than 180 days after the date of by adding at the end the following: study for flood risk management or eco-
enactment of this Act, the Secretary shall ‘‘(d) ANNUAL REPORTS.—Not later than 180 system restoration projects is recommended
submit to the Committee on Transportation days after the enactment of the Water Re- by the Secretary; and
and Infrastructure of the House of Rep- sources Development Act of 2020, and not (3) any interim actions relating to existing
resentatives and the Committee on Environ- less frequently than annually thereafter water resources development projects under-
ment and Public Works of the Senate a re- until 2025, the Secretary shall submit to the taken by the Secretary during the study pe-
port that— Committee on Environment and Public riod.
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December 8, 2020 CONGRESSIONAL RECORD — HOUSE H6955
(e) DEFINITIONS.—In this section: (D) the prevention and control of invasive actions to be undertaken by the Secretary,
(1) YOLO BYPASS SYSTEM.—The term ‘‘Yolo species and the effects of invasive species; under existing authorities or after congres-
Bypass System’’ means the system of weirs, and sional authorization, for the comprehensive
levees, bypass structures, and other water (E) recreation associated with water re- management of the basin for the purposes
resources development projects in Califor- sources development projects; of—
nia’s Sacramento River Valley, extending (2) prioritize actions necessary to protect (A) hurricane and storm damage reduction,
from the Fremont Weir near Woodland, Cali- critical public infrastructure, communities, flood risk management, structural and non-
fornia, to the Sacramento River near Rio and critical natural or cultural resources; structural flood control, and floodplain man-
Vista, California, authorized pursuant to sec- and agement strategies;
tion 2 of the Act of March 1, 1917 (chapter (3) to the maximum extent practicable and (B) navigation;
144; 39 Stat. 949). where appropriate, utilize existing data pro- (C) ecosystem and environmental restora-
(2) YOLO BYPASS AND CACHE SLOUGH PART- vided to the Secretary by Federal and State tion;
NERSHIP.—The term ‘‘Yolo Bypass and Cache agencies, Indian Tribes, and other stake- (D) water supply;
Slough Partnership’’ means the group of par- holders, including data obtained through (E) hydropower production;
ties to the Yolo Bypass and Cache Slough other Federal programs. (F) recreation; and
Memorandum of Understanding, effective (b) RECOMMENDATIONS; ADDITIONAL (G) other purposes as determined by the
May 2016, regarding collaboration and co- STUDY.— Secretary.
operation in the Yolo Bypass and Cache (1) IN GENERAL.—In carrying out the com- (2) DEVELOPMENT.—In conducting the com-
Slough region. prehensive assessment described in sub- prehensive study under paragraph (1), the
SEC. 210.LAKE OKEECHOBEE REGULATION section (a), the Secretary may make a rec- Secretary shall investigate—
SCHEDULE, FLORIDA. ommendation to Congress for— (A) the construction of new water re-
(a) IN GENERAL.—In carrying out the re- (A) the construction of a water resources sources development projects;
view of the Lake Okeechobee regulation development project; (B) structural and operational modifica-
schedule pursuant to section 1106 of the (B) the structural or operational modifica- tions to completed water resources develop-
Water Resources Development Act of 2018 tion of an existing water resources develop- ment projects within the study area;
(132 Stat. 3773), the Secretary shall— ment project; (C) projects proposed in the comprehensive
(1) evaluate the implications of prohibiting (C) additional monitoring of, or adaptive coastal protection master plan entitled
releases from Lake Okeechobee through the management measures to carry out with re- ‘‘Louisiana’s Comprehensive Master Plan for
S–308 and S–80 lock and dam structures, and spect to, existing water resources develop- a Sustainable Coast’’, prepared by the State
evaluate separately the implications of pro- ment projects, to respond to changing hydro- of Louisiana and accepted by the Louisiana
hibiting high volume releases through the S– logic and climatic conditions; or Coastal Protection and Restoration Author-
77, S–78, and S–79 lock and dam structures, (D) geographic areas within the Great ity (including any subsequent amendments
on the operation of the lake in accordance Lakes System for additional study by the or revisions), including—
with authorized purposes and seek to mini- Secretary. (i) Ama sediment diversion;
mize unnecessary releases to coastal estu- (2) FOCUS AREAS.—In addition to carrying (ii) Union freshwater diversion;
aries; and out subsection (a), to contribute to the com- (iii) increase Atchafalaya flow to
(2) to the maximum extent practicable, co- prehensive assessment described in such sub- Terrebonne; and
ordinate with the ongoing efforts of Federal section, the Secretary is authorized to con- (iv) Manchac Landbridge diversion;
and State agencies responsible for moni- duct feasibility studies for— (D) natural features and nature-based fea-
toring, forecasting, and notification of (A) the project for coastal storm resil- tures, including levee setbacks and instream
cyanobacteria levels in Lake Okeechobee. iency, Lake Ontario shoreline, New York; and floodplain restoration;
(b) MONTHLY REPORT.—Each month, the and (E) fish and wildlife habitat resources, in-
Secretary shall make public a report, which (B) the project for coastal storm resiliency, cluding in the Mississippi Sound Estuary,
may be based on the Water Management Chicago shoreline, Illinois. the Lake Pontchartrain Basin, the Breton
Daily Operational Reports, disclosing the (3) ADDITIONAL CONSIDERATIONS.—Any fea- Sound, the Barataria Basin, the Terrebonne
volumes of water deliveries to or discharges sibility study carried out pursuant to this Basin, the Atchafalaya Basin, the
from Lake Okeechobee & Vicinity, Water subsection, including pursuant to a rec- Vermilion–Teche Basin, and other outlets of
Conservation Area I, Water Conservation ommendation under paragraph (1)(D), shall the Mississippi River and Tributaries
Area II, Water Conservation Area III, East be considered to be a continuation of the project;
Coast Canals, and the South Dade Convey- comprehensive assessment described in sub- (F) mitigation of adverse impacts from op-
ance. Such report shall be aggregated and re- section (a). erations of flood control structures to the
ported in a format designed for the general (c) EXEMPTION FROM MAXIMUM STUDY COST Mississippi Sound Estuary, the Lake Pont-
AND DURATION LIMITATIONS.—Section 1001 of chartrain Basin, the Breton Sound, the
public, using maps or other widely under-
stood communication tools. the Water Resources Reform and Develop- Barataria Basin, the Atchafalaya Basin, and
(c) EFFECT.—In carrying out the evaluation ment Act of 2014 (33 U.S.C. 2282c) shall not other outlets of the Mississippi River and
apply to any study recommended under sub- Tributaries project;
under subsection (a)(1), nothing shall be con-
section (b)(1)(D) or carried out pursuant to (G) the effects of dredging and river-bot-
strued to authorize any new purpose for the
subsection (b)(2). tom elevation changes on drainage effi-
management of Lake Okeechobee or author-
SEC. 212. REPORT ON THE STATUS OF RESTORA- ciency;
ize the Secretary to affect any existing au- TION IN THE LOUISIANA COASTAL
thorized purpose, including flood protection AREA.
(H) the economic impacts of existing prac-
and management of Lake Okeechobee to pro- Not later than 1 year after the date of en- tices, including such impacts on coastal re-
vide water supply for all authorized users. actment of this Act, the Coastal Louisiana sources;
SEC. 211. GREAT LAKES COASTAL RESILIENCY Ecosystem Protection and Restoration Task (I) monitoring requirements, including as
STUDY. Force established by section 7004 of Water near-real time monitoring as practicable,
(a) IN GENERAL.—In carrying out the com- Resources Development Act of 2007 (121 Stat. and adaptive management measures to re-
prehensive assessment of water resources 1272) shall submit to Congress a report that spond to changing conditions over time;
needs for the Great Lakes System under sec- summarizes the activities and recommenda- (J) the division of responsibilities among
tion 729 of the Water Resources Development tions of the Task Force, including— the Federal Government and non-Federal in-
Act of 1986 (33 U.S.C. 2267a), as required by (1) policies, strategies, plans, programs, terests with respect to the purposes de-
section 1219 of the Water Resources Develop- projects, and activities undertaken for ad- scribed in paragraph (1); and
ment Act of 2018 (132 Stat. 3811), the Sec- dressing conservation, protection, restora- (K) other matters, as determined by the
retary shall— tion, and maintenance of the coastal Lou- Secretary.
(1) taking into account recent high lake isiana ecosystem; and (b) CONSULTATION AND USE OF EXISTING
levels within the Great Lakes, assess and (2) financial participation by each agency DATA.—In conducting the comprehensive
make recommendations to Congress on— represented on the Task Force in conserving, study under subsection (a), the Secretary
(A) coastal storm and flood risk manage- protecting, restoring, and maintaining the shall consult with applicable Federal, State,
ment measures, including measures that use coastal Louisiana ecosystem. and local agencies, Indian Tribes, non-Fed-
natural features and nature-based features, SEC. 213. LOWER MISSISSIPPI RIVER COM- eral interests, and other stakeholders, and,
as those terms are defined in section 1184 of PREHENSIVE MANAGEMENT STUDY. to the maximum extent practicable and
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the Water Resources Development Act of (a) COMPREHENSIVE STUDY.— where appropriate, make use of existing data
2016 (33 U.S.C. 2289a); (1) PURPOSE.—The Secretary, in collabora- provided to the Secretary by such entities or
(B) operation and maintenance of the tion with the heads of other relevant Federal from any relevant multistate monitoring
Great Lakes Navigation System, as such agencies and pursuant to subsection programs.
term is defined in section 210 of the Water (d)(1)(A), shall conduct a comprehensive (c) RECOMMENDATIONS.—In conducting the
Resources Development Act of 1986 (33 U.S.C. study of the Lower Mississippi River basin, comprehensive study under subsection (a),
2238); from Cape Girardeau, Missouri, to the Gulf the Secretary shall develop actionable rec-
(C) ecosystem protection and restoration; of Mexico, to identify recommendations of ommendations to Congress, including for—
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H6956 CONGRESSIONAL RECORD — HOUSE December 8, 2020
(1) the construction of new water resources carry out this section $25,000,000, to remain sidered a continuation of the Lower Missouri
development projects to improve the max- available until expended. Basin study:
imum effective river resource use and con- (i) SAVINGS PROVISION.—Nothing in this (A) Any additional study carried out under
trol; section shall delay or interfere with, or be paragraph (2).
(2) the structural or operational modifica- construed as grounds for enjoining construc- (B) Any study recommended to be carried
tion of completed water resources develop- tion of, authorized projects within the study out in a report that the Chief of Engineers
ment projects; area. prepares for the Lower Missouri Basin study.
(3) such additional monitoring of, or adapt- SEC. 214. UPPER MISSISSIPPI RIVER COM- (C) Any study recommended to be carried
ive management measures to carry out with PREHENSIVE PLAN. out in a report that the Chief of Engineers
respect to, completed water resources devel- (a) ASSESSMENT.—The Secretary shall con- prepares for an additional study carried out
opment projects, to respond to changing con- duct an assessment of the water resources under paragraph (2).
ditions; needs of the Upper Mississippi River under (D) Any study spun off from the Lower
(4) improving the efficiency of operational section 729 of the Water Resources Develop- Missouri Basin study before the completion
and maintenance dredging within the study ment Act of 1986 (33 U.S.C. 2267a). of such study.
area; (b) REQUIREMENTS.—The Secretary shall (E) Any study spun off from an additional
(5) whether changes are necessary to the carry out the assessment under subsection study carried out under paragraph (2) before
Mississippi River and Tributaries project (a) in accordance with the requirements in the completion of such additional study.
within the study area; section 1206(b) of Water Resources Develop- (4) RELIANCE ON EXISTING INFORMATION.—In
(6) other Federal and non-Federal action, ment Act of 2016 (130 Stat. 1686). carrying out any study described in or au-
where appropriate; and SEC. 215. UPPER MISSOURI RIVER BASIN thorized by this subsection, the Secretary, to
(7) follow-up studies and data collection MAINSTEM DAM FISH LOSS RE- the extent practicable, shall rely on existing
SEARCH. data and analysis, including data and anal-
and monitoring to be carried out by the rel-
evant Federal or State agency. (a) IN GENERAL.—Pursuant to section 22 of ysis prepared under section 22 of the Water
the Water Resources Development Act of Resources Development Act of 1974 (42 U.S.C.
(d) COMPLETION OF STUDY; REPORT TO CON-
1974 (42 U.S.C. 1962d–16), the Secretary shall 1962d–16).
GRESS.—
conduct research on the management of fish (5) CONSIDERATION; CONSULTATION.—In de-
(1) ANNUAL REPORTS.—Not later than 1 year
losses through the mainstem dams of the veloping recommendations under paragraph
after the date of enactment of this Act, and
Missouri River Basin during periods of high (1), the Secretary shall—
annually thereafter until the final report
flow. (A) consider the use of—
under paragraph (2) is submitted, the Sec-
(b) CONTENTS.—The research conducted (i) structural and nonstructural measures,
retary shall submit to the Committee on
under subsection (a) shall include an exam- including the setting back of levees and re-
Transportation and Infrastructure of the
ination of— moving structures from areas of recurring
House of Representatives and the Committee
(1) the effects of high flow rates through flood vulnerability, where advantageous, to
on Environment and Public Works of the
Upper Missouri River Basin mainstem dam reduce flood risk and damages in the Lower
Senate a report detailing—
outlet works on fish passage; Missouri River Basin; and
(A) any interim actions relating to water
(2) options used by other Corps of Engi- (ii) where such features are locally accept-
resources development projects within the
neers district offices to mitigate fish losses able, natural features or nature-based fea-
study area undertaken by the Secretary
through dams; and tures (as such terms are defined in section
under existing authority; and
(3) the feasibility of implementing fish loss 1184 of the Water Resources Development
(B) any recommendations developed under
mitigation options in the Upper Missouri Act of 2016 (33 U.S.C. 2289a); and
subsection (c).
River Basin mainstem dams, based on simi- (B) consult with applicable Federal and
(2) FINAL REPORT.—Not later than 5 years State agencies, Indian Tribes, and other
lar ongoing studies.
after the date of enactment of this section, (c) REPORT.—Not later than 18 months stakeholders within the Lower Missouri
the Secretary shall submit to the Committee after the date of enactment of this Act, the River Basin and solicit public comment on
on Transportation and Infrastructure of the Secretary shall submit to the Committee on such recommendations.
House of Representatives and the Committee Transportation and Infrastructure of the (6) EXEMPTION FROM MAXIMUM STUDY COST
on Environment and Public Works of the House of Representatives and the Committee AND DURATION LIMITATIONS.—Section 1001 of
Senate a final report detailing the results of on Environment and Public Works of the the Water Resources Reform and Develop-
the comprehensive study required by this Senate a report recommending a plan to ad- ment Act of 2014 (33 U.S.C. 2282c) shall not
section, including the recommendations de- dress fish losses through mainstem dams in apply to the Lower Missouri Basin study or
veloped under subsection (c). the Upper Missouri River Basin. any study described in paragraph (3).
(3) APPLICATION OF CERTAIN REQUIRE- SEC. 216. LOWER AND UPPER MISSOURI RIVER (7) PRECONSTRUCTION, ENGINEERING, AND DE-
MENTS.—Section 1001(a) of the Water Re- COMPREHENSIVE FLOOD PROTEC- SIGN.—Upon completion of a study author-
sources Reform and Development Act of 2014 TION. ized by this subsection, if the Secretary de-
(33 U.S.C. 2282c(a)) shall not apply to the (a) ADDITIONAL STUDIES FOR LOWER MIS- termines that a recommended project, or
study carried out by the Secretary under SOURI RIVER BASIN.— modification to a project described in para-
this section. (1) IN GENERAL.—Except as provided in graph (1), is justified, the Secretary may pro-
(e) FURTHER ANALYSIS.— paragraph (2), upon the request of the non- ceed directly to preconstruction planning,
(1) IN GENERAL.—In conducting the com- Federal interest for the Lower Missouri engineering, and design of the project or
prehensive study under subsection (a), the Basin study, the Secretary shall expand the modification.
Secretary shall carry out activities in geo- scope of such study to investigate and pro- (8) TECHNICAL ASSISTANCE.—
graphic areas that warrant additional anal- vide recommendations relating to— (A) IN GENERAL.—For the provision of tech-
ysis by the Corps of Engineers, including fea- (A) modifications to projects in Iowa, Kan- nical assistance to support small commu-
sibility studies. sas, Nebraska, and Missouri authorized nities and economically disadvantaged com-
(2) TREATMENT.—A feasibility study carried under the Pick-Sloan Missouri River Basin munities in the planning and design of flood
out under paragraph (1) shall be considered Program (authorized by section 9(b) of the risk management and flood risk resiliency
to be a continuation of the comprehensive Act of December 22, 1944 (chapter 665, 58 Stat. projects in the Lower Missouri River Basin,
study conducted under subsection (a). 891)) and the Missouri River Bank Stabiliza- for each of fiscal years 2021 through 2026,
(f) REQUIREMENTS.—The comprehensive tion and Navigation project (authorized by there are authorized to be appropriated—
study conducted under subsection (a) shall section 2 of the Act of March 2, 1945 (chapter (i) $2,000,000 to carry out section 206 of the
be carried out in accordance with the au- 19, 59 Stat. 19)), including modifications to Flood Control Act of 1960 (33 U.S.C. 709a), in
thorities for the Mississippi River and Tribu- the authorized purposes of such projects to addition to amounts otherwise authorized to
taries project. further flood risk management and resil- carry out such section; and
(g) DEFINITIONS.—In this section: iency; and (ii) $2,000,000 to carry out section 22(a)(2) of
(1) MISSISSIPPI RIVER AND TRIBUTARIES (B) modifications to non-Federal, publicly the Water Resources Development Act of
PROJECT.—The term ‘‘Mississippi River and owned levees in the Lower Missouri River 1974 (42 U.S.C. 1962d–16), in addition to
Tributaries project’’ means the Mississippi Basin. amounts otherwise authorized to carry out
River and Tributaries project authorized by (2) EXCEPTION.—If the Secretary deter- such section.
the first section of the Act of May 15, 1928 (33 mines that expanding the scope of the Lower (B) CONDITIONS.—
U.S.C. 702a). Missouri Basin study as provided in para- (i) LIMITATIONS NOT APPLICABLE.—The limi-
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(2) NATURAL FEATURE; NATURE-BASED FEA- graph (1) is not practicable, and the non-Fed- tations on the use of funds in section 206(d)
TURE.—The terms ‘‘natural feature’’ and ‘‘na- eral interest for such study concurs in such of the Flood Control Act of 1960 and section
ture-based feature’’ have the meanings given determination, the Secretary shall carry out 22(c)(2) of the Water Resources Development
those terms in section 1184 of the Water Re- such additional studies as are necessary to Act of 1974 shall not apply to the amounts
sources Development Act of 2016 (33 U.S.C. investigate the modifications described in authorized to be appropriated by subpara-
2289a). paragraph (1). graph (A).
(h) AUTHORIZATION OF APPROPRIATIONS.— (3) CONTINUATION OF LOWER MISSOURI BASIN (ii) RULE OF CONSTRUCTION.—Nothing in
There is authorized to be appropriated to STUDY.—The following studies shall be con- this paragraph restricts the authority of the
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December 8, 2020 CONGRESSIONAL RECORD — HOUSE H6957
Secretary to use any funds otherwise appro- cies to reduce flood risk and improve resil- tion 2 of the Act of March 2, 1945 (chapter 19,
priated to carry out section 206 of the Flood iency; 59 Stat. 19)); or
Control Act of 1960 or section 22(a)(2) of the (F) any necessary changes to the general (C) a non-Federal, publicly owned levee
Water Resources Development Act of 1974 to comprehensive plan for flood control and system located within the Upper Missouri
provide technical assistance described in other purposes in the Missouri River Basin River Basin.
subparagraph (A). under section 4 of the Act of June 28, 1938 (c) COORDINATION.—Upon completion of the
(9) COMPLETION OF STUDY; REPORT TO CON- (chapter 795, 52 Stat. 1218; 58 Stat. 891); and studies under subsections (a) and (b), the
GRESS.—Not later than 3 years after the date (G) follow-up studies for problem areas for Secretary shall develop a strategy that, to
of enactment of this Act, the Secretary shall which data or current technology does not the maximum extent practicable, coordi-
submit to the Committee on Transportation allow immediate solutions. nates and aligns the results of such studies.
and Infrastructure of the House of Rep- (3) COMPLETION OF STUDY; REPORT TO CON- SEC. 217. PORTSMOUTH HARBOR AND
resentatives and the Committee on Environ- PISCATAQUA RIVER AND RYE HAR-
GRESS.—Not later than 3 years after the date
BOR, NEW HAMPSHIRE.
ment and Public Works of the Senate a re- of enactment of this subsection, the Sec-
port detailing— (a) REQUIREMENT TO EXPEDITE.—The Sec-
retary shall submit to the Committee on
(A) the results of the study authorized by retary shall expedite authorized activities to
Transportation and Infrastructure of the
this subsection; address the impacts of shoaling affecting the
House of Representatives and the Committee project for navigation, Rye Harbor, New
(B) any additional, site-specific areas with- on Environment and Public Works of the
in the Lower Missouri River Basin for which Hampshire, authorized by section 101 of the
Senate a report that— River and Harbor Act of 1960 (74 Stat. 480).
additional study for flood risk management (A) contains the results of the comprehen- (b) STATUS UPDATE.—Not later than 180
projects is recommended by the Secretary; sive study required by this subsection, in- days after the date of enactment of this Act,
and cluding any recommendations developed the Secretary shall submit to Congress a
(C) any interim actions relating to existing under paragraph (2); written status update regarding—
water resources development projects in the (B) addresses— (1) the activities required to be expedited
Lower Missouri River Basin undertaken by (i) the potential for the transfer of flood under subsection (a); and
the Secretary during the study period. risk between and within the Upper and (2) the project for navigation, Portsmouth
(10) DEFINITIONS.—In this subsection: Lower Missouri River basins with respect to Harbor and Piscataqua River, authorized by
(A) LOWER MISSOURI BASIN STUDY.—The any changes recommended pursuant to para- section 101 of the River and Harbor Act of
term ‘‘Lower Missouri Basin study’’ means graph (2)(F); 1962 (76 Stat. 1173), as required to be expe-
the Lower Missouri Basin Flood Risk and (ii) adverse impacts to navigation and dited under section 1317 of the Water Re-
Resiliency Study, Iowa, Kansas, Nebraska, other authorized purposes of the applicable sources Development Act of 2018 (132 Stat.
and Missouri, authorized pursuant to section Missouri River project with respect to any 3823).
216 of the Flood Control Act of 1970 (33 U.S.C. changes recommended under paragraph SEC. 218. COUGAR AND DETROIT DAMS, WILLAM-
549a). (2)(F); and ETTE RIVER BASIN, OREGON.
(B) SMALL COMMUNITY.—The term ‘‘small (iii) whether there are opportunities for in- (a) REPORT.—Not later than 2 years after
community’’ means a local government that creased non-Federal management in the the date of enactment of this Act, the Sec-
serves a population of less than 15,000. Upper Missouri River Basin; retary shall submit to the Committee on
(b) UPPER MISSOURI RIVER BASIN COM- (C) recognizes— Transportation and Infrastructure of the
PREHENSIVE STUDY.— (i) the interest and rights of States in— House of Representatives and the Committee
(1) IN GENERAL.—The Secretary, in collabo- (I) determining the development of water- on Environment and Public Works of the
ration with the heads of other relevant Fed- sheds within the borders of the State; and Senate, and make publicly available, a re-
eral agencies, shall conduct a comprehensive (II) water utilization and control; and port providing an initial analysis of
study to address flood risk in areas affected (ii) the primary responsibilities of States deauthorizing hydropower as a project pur-
by severe flooding in 2019 along the Upper and local interests in developing water sup- pose at the Cougar and Detroit Dams
Missouri River, including an examination plies for domestic, municipal, industrial, and project.
of— other purposes; and (b) CONTENTS.—The Secretary shall include
(A) the use of structural and nonstructural (D) describes any interim actions relating in the report submitted under subsection
flood control and floodplain management to existing water resources development (a)—
strategies, including the consideration of projects in the Upper Missouri River Basin (1) a description of the potential effects of
natural features or nature-based features (as undertaken by the Secretary during the deauthorizing hydropower as a project pur-
such terms are defined in section 1184 of the study period. pose at the Cougar and Detroit Dams project
Water Resources Development Act of 2016 (33 (4) CONSULTATION.—In carrying out this on—
U.S.C. 2289a); subsection, the Secretary shall consult with (A) the operation of the project, including
(B) continued operation and maintenance applicable Federal and State agencies, In- with respect to the other authorized pur-
of the navigation project; dian Tribes, and other stakeholders within poses of the project;
(C) management of bank caving and ero- the Upper Missouri River Basin and solicit (B) compliance of the project with the En-
sion; public comment. dangered Species Act;
(D) maintenance of water supply; (5) RELIANCE ON EXISTING INFORMATION.—In (C) costs that would be attributed to other
(E) fish and wildlife habitat management; carrying out any study described in or au- authorized purposes of the project, including
(F) recreation needs; thorized by this subsection, the Secretary, to costs relating to compliance with such Act;
(G) environmental restoration needs; the extent practicable, shall rely on existing and
(H) the division of responsibilities of the data and analysis, including data and anal- (D) other ongoing studies in the Willam-
Federal Government and non-Federal inter- ysis prepared under section 22 of the Water ette River Basin; and
ests with respect to Missouri River flooding; Resources Development Act of 1974 (42 U.S.C. (2) identification of any further research
(I) the roles and responsibilities of Federal 1962d–16). needed.
agencies with respect to Missouri River (6) EXEMPTION FROM MAXIMUM STUDY COST (c) PROJECT DEFINED.—In this section, the
flooding; and AND DURATION LIMITATIONS.—Section 1001 of terms ‘‘Cougar and Detroit Dams project’’
(J) any other related matters, as deter- the Water Resources Reform and Develop- and ‘‘project’’ mean the Cougar Dam and
mined by the Secretary. ment Act of 2014 (33 U.S.C. 2282c) shall not Reservoir project and Detroit Dam and Res-
(2) RECOMMENDATIONS.—In conducting the apply to the comprehensive study carried ervoir project, Willamette River Basin, Or-
study under this subsection, the Secretary out under this section or any feasibility egon, authorized by section 204 of the Flood
may develop recommendations to Congress study described in paragraph (7). Control Act of 1950 (64 Stat. 179), and facili-
for— (7) ADDITIONAL CONSIDERATIONS.—Any fea- ties that operate in conjunction with the
(A) the construction of a water resources sibility study carried out pursuant to a rec- main Detroit Dam facility, including the Big
development project; ommendation included in the report sub- Cliff re-regulating dam.
(B) the structural or operational modifica- mitted under this subsection shall be consid- SEC. 219. PORT ORFORD, OREGON.
tion of an existing water resources develop- ered to be a continuation of the comprehen- Not later than 180 days after the date of
ment project; sive study required under paragraph (1). enactment of this Act, the Secretary shall,
(C) such additional monitoring of, or (8) DEFINITION.—In this subsection, the at Federal expense, submit to the Committee
adaptive management measures to carry out term ‘‘Missouri River project’’ means a on Transportation and Infrastructure of the
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with respect to, existing water resources de- project constructed as part of— House of Representatives and the Committee
velopment projects, to respond to changing (A) the Pick-Sloan Missouri River Basin on Environment and Public Works of the
conditions; Program (authorized by section 9(b) of the Senate a summary report on the research
(D) geographic areas within the Upper Mis- Act of December 22, 1944 (chapter 665, 58 Stat. completed and data gathered by the date of
souri River basin for additional study by the 891)), located in the States of Wyoming, Mon- enactment of this Act with regards to the
Secretary; tana, North Dakota, or South Dakota; configuration of a breakwater for the project
(E) management plans and actions to be (B) the Missouri River Bank Stabilization for navigation, Port Orford, Oregon, author-
carried out by the responsible Federal agen- and Navigation project (authorized by sec- ized by section 117 of the River and Harbor
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H6958 CONGRESSIONAL RECORD — HOUSE December 8, 2020
Act of 1970 (84 Stat. 1822; 106 Stat. 4809), for (i) that has been authorized by Congress to (c) SUBMISSION TO CONGRESS; PUBLICA-
the purposes of addressing shoaling issues to be carried out by the Secretary and does not TION.—
minimize long-term maintenance costs. require any additional congressional author- (1) SUBMISSION TO CONGRESS.—The Sec-
SEC. 220. WILSON CREEK AND SLOAN CREEK, ization to be carried out; retary may submit a report under this sec-
FAIRVIEW, TEXAS. (ii) that the Secretary has the capability tion in conjunction with the submission of
Not later than 180 days after the date of to carry out if funds are appropriated for the annual report under section 7001 of the
enactment of this section, the Secretary such study or project under any of the ‘‘In- Water Resources Reform and Development
shall submit to Congress a written status up- vestigations’’, ‘‘Construction’’, ‘‘Operation Act of 2014 (33 U.S.C. 2282d).
date regarding efforts to address flooding and Maintenance’’, or ‘‘Mississippi River and (2) PUBLICATION.—On submission of each
along Wilson Creek and Sloan Creek in the Tributaries’’ appropriations accounts for the report under this section, the Secretary shall
City of Fairview, Texas. Corps of Engineers; and make the report publicly available, includ-
SEC. 221. STUDY ON WATER SUPPLY AND WATER (iii) for which a non-Federal interest— ing through publication on the internet.
CONSERVATION AT WATER RE- (I) in the case of a study or a project other (d) DEFINITIONS.—In this section:
SOURCES DEVELOPMENT PROJECTS. than a project for which funds may be appro- (1) NON-FEDERAL INTEREST.—The term
(a) IN GENERAL.—Not later than 18 months priated for operation and maintenance, has ‘‘non-Federal interest’’ has the meaning
after the date of enactment of this Act, the entered into a feasibility cost-sharing agree- given that term in section 221 of the Flood
Secretary shall submit to the Committee on ment, design agreement, or project partner- Control Act of 1970 (42 U.S.C. 1962d–5b).
Transportation and Infrastructure of the ship agreement with the Corps of Engineers, (2) WATER RESOURCES DEVELOPMENT
House of the Representatives and the Com- or has informed the Secretary that the non- PROJECT.—The term ‘‘water resources devel-
mittee on Environment and Public Works of Federal interest has the financial capability opment project’’ includes a separable ele-
the Senate a report that analyzes the bene- to enter into such an agreement within 1
fits and consequences of including water sup- ment of a project, a project under an envi-
year; and ronmental infrastructure assistance pro-
ply and water conservation as a primary (II) demonstrates the legal and financial
mission of the Corps of Engineers in carrying gram, and a project the authorized purposes
capability to satisfy the requirements for of which include water supply.
out water resources development projects. local cooperation with respect to the study
(b) INCLUSION.—The Secretary shall include or project. SEC. 223. COMPLETION OF REPORTS AND MATE-
in the report submitted under subsection RIALS.
(B) DESCRIPTION OF BENEFITS.—
(a)— (i) DESCRIPTION.—The Secretary shall, to (a) IN GENERAL.—Using available appro-
(1) a description of existing water re- the maximum extent practicable, describe in priations, not later than 180 days after the
sources development projects with water each report submitted under this section the date of enactment of this section, the Sec-
supply or water conservation as authorized benefits, as described in clause (ii), of each retary shall complete and submit to Con-
purposes, and the extent to which such feasibility study and water resources devel- gress the following materials:
projects are utilized for such purposes; opment project included in the report. (1) The report required by section 1211 of
(2) a description of existing water re- (ii) BENEFITS.—The benefits referred to in the Water Resources Development Act of
sources development projects with respect to clause (i) are benefits to— 2018 (132 Stat. 3808).
which— (I) the protection of human life and prop- (2) Implementation guidance for the
(A) water supply or water conservation erty; amendments made by section 1176 of the
could be added as a project purpose, includ- (II) improvement to transportation; Water Resources Development Act of 2016
ing those with respect to which a non-Fed- (III) the national, regional, or local econ- (130 Stat. 1673).
eral interest has expressed an interest in omy; (3) Implementation guidance for the
adding water supply or water conservation (IV) the environment; or amendments made by section 3029(a) of the
as a project purpose; and (V) the national security interests of the Water Resources Reform and Development
(B) such a purpose could be accommodated United States. Act of 2014 (128 Stat. 1305).
while maintaining existing authorized pur- (2) TRANSPARENCY.—The Secretary shall (4) Any other report or other material re-
poses; include in each report submitted under this quired to be submitted to Congress by any of
(3) a description of ongoing water resources section, for each feasibility study and water the following Acts (including by amend-
development project studies the authoriza- resources development project included in ments made by such Acts) that has not been
tions for which include authorization for the the report— so submitted by the date of enactment of
Secretary to study the feasibility of carrying (A) the name of the associated non-Federal this section:
out the project with a purpose of water sup- interest, including the name of any non-Fed- (A) The Water Resources Reform and De-
ply or water conservation; eral interest that has contributed, or is ex- velopment Act of 2014 (Public Law 113–121).
(4) an analysis of how adding water supply pected to contribute, a non-Federal share of (B) The Water Resources Development Act
and water conservation as a primary mission the cost of the study or project; of 2016 (Public Law 114–322).
of the Corps of Engineers would affect the (B) the purpose of the study or project; (C) The Water Resources Development Act
ability of the Secretary to carry out future (C) an estimate, to the extent practicable, of 2018 (Public Law 115–270).
water resources development projects; and of the Federal, non-Federal, and total costs (b) USE OF EXISTING DATA.—To the extent
(5) any recommendations of the Secretary of the study or project, including, to the ex- practicable and appropriate, the Secretary
relating to including water supply and water tent practicable, the fully funded capability shall use existing data in completing any
conservation as a primary mission of the of the Corps of Engineers for— materials described in subsection (a).
Corps of Engineers. (i) the 3 fiscal years following the fiscal
(c) FAILURE TO SUBMIT.—If the Secretary
SEC. 222. REPORT TO CONGRESS ON AUTHOR- year in which the report is submitted, in the
fails to submit materials as required by this
IZED STUDIES AND PROJECTS. case of a feasibility study; and
section, the Secretary shall immediately in-
(a) IN GENERAL.—Not later than February 1 (ii) the 5 fiscal years following the fiscal
form the Committee on Environment and
of each year, the Secretary shall develop and year in which the report is submitted, in the
Public Works of the Senate and the Com-
submit to Congress an annual report, to be case of a water resources development
mittee on Transportation and Infrastructure
entitled ‘‘Report to Congress on Authorized project; and
of the House of Representatives, in writing,
Water Resources Development Projects and (D) an estimate, to the extent practicable,
of the specific reasons for such failure and a
Studies’’, that identifies— of the monetary and nonmonetary benefits
timeline for submission of the delinquent
(1) ongoing or new feasibility studies, au- of the study or project.
materials.
thorized within the previous 20 years, for (3) CERTIFICATION.—The Secretary shall in-
clude in each report submitted under this (d) IMPLEMENTATION GUIDANCE.—The Sec-
which a Report of the Chief of Engineers has
section a certification stating that each fea- retary shall expeditiously issue any guidance
not been issued;
sibility study or water resources develop- necessary to implement any provision of this
(2) authorized feasibility studies for
ment project included in the report meets Act, including any amendments made by this
projects in the preconstruction, engineering
the criteria described in paragraph (1)(A). Act, in accordance with section 1105 of the
and design phase;
(4) OMISSIONS.— Water Resources Development Act of 2018 (33
(3) ongoing or new water resources develop-
(A) LIMITATION.—The Secretary shall not U.S.C. 2202).
ment projects authorized for construction
within the previous 20 years; and omit from a report submitted under this sec- SEC. 224. EMERGENCY FLOODING PROTECTION
(4) authorized and constructed water re- tion a study or project that otherwise meets FOR LAKES.
sources development projects the Secretary the criteria for inclusion in the report solely The Secretary shall submit to Congress a
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has the responsibility to operate or main- on the basis of a policy of the Secretary. report on the extent to which section 5 of the
tain. (B) APPENDIX.—If the Secretary omits from Act of August 18, 1941 (33 U.S.C. 701n), applies
(b) CONTENTS.— a report submitted under this section a to lakes, including lakes with the flow of a
(1) INCLUSIONS.— study or project that otherwise meets the slow-moving river, including, if applicable,
(A) CRITERIA.—The Secretary shall include criteria for inclusion in the report, the Sec- recommendations for legislative changes to
in each report submitted under this section retary shall include with the report an ap- ensure that such lakes are eligible for the
only a feasibility study or water resources pendix that lists the name of the study or program carried out pursuant to such sec-
development project— project and reason for its omission. tion.
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December 8, 2020 CONGRESSIONAL RECORD — HOUSE H6959
SEC. 225. REPORT ON DEBRIS REMOVAL. tional Academy of Sciences or a similar submit to the Committee on Environment
Section 1210 of the Water Resources Devel- independent scientific and technical advi- and Public Works of the Senate and the
opment Act of 2018 (132 Stat. 3808) is amend- sory organization to establish a panel of ex- Committee on Transportation and Infra-
ed to read as follows: perts to conduct a peer review of the report structure of the House of Representatives a
‘‘SEC. 1210. REPORT ON DEBRIS REMOVAL. to be submitted under subsection (a). report on the extent to which flood insur-
‘‘(a) IN GENERAL.—Not later than 180 days (c) AUTHORIZATION OF APPROPRIATIONS.— ance premium reductions that result from
after the date of enactment of the Water Re- There are authorized to be appropriated to implementation of a flood risk management
sources Development Act of 2020, the Sec- the Secretary— project, including structural elements, non-
retary shall submit to Congress and make (1) $5,000,000 to carry out subsection (a); structural elements, or natural features or
publicly available a report that describes— and nature-based features, are included in the
‘‘(1) the extent to which, during the 10 fis- (2) $5,000,000 to carry out subsection (b). calculation of the benefits of the project by
cal years prior to such date of enactment, SEC. 227. SUBSURFACE DRAIN SYSTEMS RE- the Corps of Engineers.
the Secretary has carried out section 3 of the SEARCH AND DEVELOPMENT. TITLE III—DEAUTHORIZATIONS AND
Act of March 2, 1945 (33 U.S.C. 603a); Subject to the availability of appropria- MODIFICATIONS
‘‘(2) how the Secretary has evaluated po- tions, the Secretary, acting through the Di- SEC. 301. DEAUTHORIZATION OF INACTIVE
tential work to be carried out under that rector of the Engineer Research and Develop- PROJECTS.
section; and ment Center and, where appropriate, in con- (a) PURPOSES.—The purposes of this section
‘‘(3) the extent to which the Secretary sultation with other Federal agencies, shall are—
plans to start, continue, or complete debris carry out research and development activi- (1) to identify water resources development
removal activities in the 3 years following ties relating to the use of subsurface drain projects authorized by Congress that are no
submission of the report. systems as— longer viable for construction due to—
‘‘(b) FOCUS AREAS.—The Secretary shall in- (A) a lack of local support;
(1) a flood risk-reduction measure; or
clude in the report submitted under sub- (B) a lack of available Federal or non-Fed-
(2) a coastal storm risk-reduction measure.
section (a)— eral resources; or
SEC. 228. REPORT ON CORROSION PREVENTION
‘‘(1) identification of the debris removal (C) an authorizing purpose that is no
ACTIVITIES.
activities to be started, continued, or com- longer relevant or feasible;
pleted during the first fiscal year following Not later than 180 days after the date of
enactment of this Act, the Secretary shall (2) to create an expedited and definitive
the date of enactment of this subsection process for Congress to deauthorize water re-
within the boundaries of the North Atlantic submit to the Committee on Transportation
and Infrastructure of the House of Rep- sources development projects that are no
Division of the Corps of Engineers; longer viable for construction; and
‘‘(2) the estimated total costs and comple- resentatives and the Committee on Environ-
ment and Public Works of the Senate, and (3) to allow the continued authorization of
tion dates for such activities; and water resources development projects that
‘‘(3) identification of the non-Federal in- make publicly available, a report that de-
scribes— are viable for construction.
terest associated with such activities.’’. (b) PROPOSED DEAUTHORIZATION LIST.—
SEC. 226. REPORT ON ANTECEDENT HYDROLOGIC (1) the extent to which the Secretary has
(1) PRELIMINARY LIST OF PROJECTS.—
CONDITIONS. carried out section 1033 of the Water Re-
(A) IN GENERAL.—The Secretary shall de-
(a) REPORT.— sources Reform and Development Act of 2014
velop a preliminary list of each water re-
(1) IN GENERAL.—Not later than 18 months (33 U.S.C. 2350); sources development project, or separable
after the date of enactment of this Act, the (2) the extent to which the Secretary has element of a project, authorized for con-
Secretary shall submit to the Committee on incorporated corrosion prevention activities struction before November 8, 2007, for
Environment and Public Works of the Senate (as defined in such section) at water re- which—
and the Committee on Transportation and sources development projects constructed or (i) planning, design, or construction was
Infrastructure of the House of Representa- maintained by the Secretary since the date not initiated before the date of enactment of
tives a report on the use by the Corps of En- of enactment of such section; and this Act; or
gineers since 2010 of data relating to ante- (3) in instances where the Secretary has (ii) planning, design, or construction was
cedent hydrologic conditions in the Missouri not incorporated corrosion prevention ac- initiated before the date of enactment of this
River Basin (including soil moisture condi- tivities at such water resources development Act, but for which no funds, Federal or non-
tions, frost depths, snowpack, and projects since such date, an explanation as Federal, were obligated for planning, design,
streamflow conditions) in— to why such corrosion prevention activities or construction of the project or separable
(A) conducting Missouri River mainstem have not been incorporated. element of the project during the current fis-
reservoir operations under the Missouri SEC. 229. ANNUAL REPORTING ON DISSEMINA- cal year or any of the 10 preceding fiscal
River Master Manual; TION OF INFORMATION. years.
(B) developing related annual operating Section 1104(b) of the Water Resources De- (B) USE OF COMPREHENSIVE CONSTRUCTION
plans; and velopment Act of 2018 (33 U.S.C. 2282d note) BACKLOG AND OPERATION AND MAINTENANCE
(C) performing seasonal, monthly, and is amended— REPORT.—The Secretary may develop the
daily operations. (1) by redesignating paragraphs (1) through preliminary list from the comprehensive
(2) INCLUSIONS.—The report submitted (4) as subparagraphs (A) through (D), respec- construction backlog and operation and
under paragraph (1) shall include— tively, and indenting appropriately; maintenance reports developed pursuant to
(A) a review of— (2) in the matter preceding subparagraph section 1001(b)(2) of the Water Resources De-
(i) the approach of the Corps of Engineers (A) (as so redesignated), by striking ‘‘The velopment Act of 1986 (33 U.S.C. 579a).
to forecasting basin runoff in developing an- Secretary’’ and inserting the following: (C) EXCLUSIONS.—The Secretary shall not
nual operating plans of the Corps of Engi- ‘‘(1) IN GENERAL.—The Secretary’’; and include on the preliminary list—
neers; (3) by adding at the end the following: (i) an environmental infrastructure assist-
(ii) the assessment of existing and alter- ‘‘(2) ANNUAL REPORTING.—Not less fre- ance project authorized to be carried out by
native algorithms that could improve basin quently than annually, the Secretary shall the Secretary (including a project authorized
runoff forecasting; provide to the Committee on Environment pursuant to an environmental assistance
(iii) the approach of the Corps of Engineers and Public Works of the Senate and the program); or
for reservoir releases in the winter, spring, Committee on Transportation and Infra- (ii) a project or separable element of a
summer, and fall, based on basin runoff fore- structure of the House of Representatives a project authorized as part of the Comprehen-
casts; written update on the progress of the imple- sive Everglades Restoration Plan described
(iv) the technical report of the Corps of En- mentation of paragraph (1), including a de- in section 601 of the Water Resources Devel-
gineers entitled ‘‘Long-Term Runoff Fore- scription of each education and outreach ac- opment Act of 2000 (114 Stat. 2680).
casting’’, dated February, 2017; tion the Secretary is taking to implement (2) PREPARATION OF PROPOSED DEAUTHOR-
(v) the use by the Corps of Engineers of that paragraph. IZATION LIST.—
data from Federal and State entities in basin ‘‘(3) GUIDANCE; COMPLIANCE.—The Sec- (A) DEAUTHORIZATION AMOUNT.—The Sec-
runoff forecasts; and retary shall— retary shall prepare a proposed list of
(vi) the use by the Corps of Engineers of ‘‘(A) issue guidance on the uniform imple- projects for deauthorization comprised of a
advanced data collection, including through mentation by each district of the Corps of subset of projects and separable elements
the use of unmanned aerial systems, fore- Engineers of the process for submitting pro- identified on the preliminary list developed
casting, and modeling; posals under section 7001 of the Water Re- under paragraph (1) that have, in the aggre-
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(B) findings and recommendations on how sources Reform and Development Act of 2014 gate, an estimated Federal cost to complete
to best incorporate antecedent basin condi- (33 U.S.C. 2282d); and that is at least $10,000,000,000.
tions in annual operating plans and Missouri ‘‘(B) each year, ensure compliance with the (B) DETERMINATION OF FEDERAL COST TO
River mainstem reservoir operations; and guidance issued under subparagraph (A).’’. COMPLETE.—For purposes of subparagraph
(C) the results of the peer review conducted SEC. 230. REPORT ON BENEFITS CALCULATION (A), the Federal cost to complete shall take
under subsection (b). FOR FLOOD CONTROL STRUCTURES. into account any allowances authorized by
(b) PEER REVIEW.—The Secretary shall Not later than 180 days after the date of section 902 of the Water Resources Develop-
seek to enter into an agreement with the Na- enactment of this Act, the Secretary shall ment Act of 1986 (33 U.S.C. 2280), as applied
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H6960 CONGRESSIONAL RECORD — HOUSE December 8, 2020
to the most recent project schedule and cost (1) IN GENERAL.—After the expiration of the Committee on Environment and Public
estimate. 2-year period beginning on the date of publi- Works of the Senate a post-authorization
(C) INCLUSION OF DEAUTHORIZATION OF ANTI- cation of the final deauthorization list and change report that updates the economic and
QUATED PROJECTS.—The Secretary shall re- appendix under subsection (c)(1)(B), a project environmental analysis of the project or sep-
duce the amount identified for deauthoriza- or separable element of a project identified arable element; and
tion under paragraph (2)(A) by an amount in the final deauthorization list is hereby de- (2) the Committee on Transportation and
equivalent to the estimated current value of authorized, unless Congress passes a joint Infrastructure of the House of Representa-
each project, or separable element of a resolution disapproving the final deauthor- tives and the Committee on Environment
project, that is deauthorized by subsection ization list prior to the end of such period. and Public Works of the Senate take appro-
(f). (2) NON-FEDERAL CONTRIBUTIONS.— priate action to address any modifications to
(3) SEQUENCING OF PROJECTS.— (A) IN GENERAL.—A project or separable the economic and environmental analysis for
(A) IN GENERAL.—The Secretary shall iden- element of a project identified in the final the project or separable element of the
tify projects and separable elements for in- deauthorization list under subsection (c) project contained in the post-authorization
clusion on the proposed list of projects for shall not be deauthorized under this sub- change report.
deauthorization under paragraph (2) accord- section if, before the expiration of the 2-year (h) DEFINITIONS.—In this section:
ing to the order in which the projects and period referred to in paragraph (1), the non- (1) POST-AUTHORIZATION CHANGE REPORT.—
separable elements were authorized, begin- Federal interest for the project or separable The term ‘‘post-authorization change re-
ning with the earliest authorized projects element of the project provides sufficient port’’ has the meaning given such term in
and separable elements and ending with the funds to complete the project or separable section 1132(d) of the Water Resources Devel-
latest project or separable element necessary element of the project. opment Act of 2016 (33 U.S.C. 2282e).
to meet the aggregate amount under para- (B) TREATMENT OF PROJECTS.—Notwith- (2) POST-AUTHORIZATION STUDY.—The term
graph (2)(A). standing subparagraph (A), each project and ‘‘post-authorization study’’ means—
(B) FACTORS TO CONSIDER.—The Secretary separable element of a project identified in (A) a feasibility report developed under
may identify projects and separable ele- the final deauthorization list shall be treated section 905 of the Water Resources Develop-
ments in an order other than that estab- as deauthorized for purposes of the aggregate ment Act of 1986 (33 U.S.C. 2282);
lished by subparagraph (A) if the Secretary deauthorization amount specified in sub- (B) a feasibility study, as defined in section
determines, on a case-by-case basis, that a section (b)(2)(A). 105(d) of the Water Resources Development
project or separable element is critical for (3) PROJECTS IDENTIFIED IN APPENDIX.—A Act of 1986 (33 U.S.C. 2215(d)); or
interests of the United States, based on the project or separable element of a project (C) a review conducted under section 216 of
possible impact of the project or separable identified in the appendix to the final de- the Flood Control Act of 1970 (33 U.S.C. 549a),
element on public health and safety, the na- authorization list shall remain subject to fu- including an initial appraisal that—
tional economy, or the environment. ture deauthorization by Congress. (i) demonstrates a Federal interest; and
(4) PUBLIC COMMENT AND CONSULTATION.— (e) SPECIAL RULES.— (ii) requires additional analysis for the
(A) IN GENERAL.—The Secretary shall so- (1) POST-AUTHORIZATION STUDIES.—A project or separable element.
licit comments from the public and the Gov- project or separable element of a project
SEC. 302. ABANDONED AND INACTIVE NONCOAL
ernors of each applicable State on the pro- may not be identified on the proposed de- MINE RESTORATION.
posed deauthorization list prepared under authorization list developed under sub-
Section 560(f) of the Water Resources De-
paragraph (2)(A). section (b), or the final deauthorization list
velopment Act of 1999 (33 U.S.C. 2336(f)) is
(B) COMMENT PERIOD.—The public comment developed under subsection (c), if the project
amended by striking ‘‘$20,000,000’’ and insert-
period shall be 90 days. or separable element received funding for a
ing ‘‘$30,000,000’’.
(5) PREPARATION OF FINAL DEAUTHORIZATION post-authorization study during the current
fiscal year or any of the 10 preceding fiscal SEC. 303. TRIBAL PARTNERSHIP PROGRAM.
LIST.—
(A) IN GENERAL.—The Secretary shall pre- years. Section 203(b)(4) of the Water Resources
pare a final deauthorization list by— (2) TREATMENT OF PROJECT MODIFICA- Development Act of 2000 (33 U.S.C. 2269) is
(i) considering any comments received TIONS.—For purposes of this section, if an au- amended by striking ‘‘$12,500,000’’ each place
under paragraph (4); and thorized water resources development it appears and inserting ‘‘$18,500,000’’.
(ii) revising the proposed deauthorization project or separable element of the project SEC. 304. LAKES PROGRAM.
list prepared under paragraph (2)(A) as the has been modified by an Act of Congress, the Section 602(a) of the Water Resources De-
Secretary determines necessary to respond date of the authorization of the project or velopment Act of 1986 (Public Law 99–662, 100
to such comments. separable element shall be deemed to be the Stat. 4148; 110 Stat. 3758; 113 Stat. 295; 121
(B) APPENDIX.—The Secretary shall include date of the most recent such modification. Stat. 1076) is amended—
as part of the final deauthorization list an (f) DEAUTHORIZATION OF ANTIQUATED (1) in paragraph (27), by striking ‘‘and’’ at
appendix that— PROJECTS.— the end;
(i) identifies each project or separable ele- (1) IN GENERAL.—Any water resources de- (2) in paragraph (28), by striking the period
ment on the proposed deauthorization list velopment project, or separable element of a at the end and inserting a semicolon; and
that is not included on the final deauthoriza- project, authorized for construction prior to (3) by adding at the end the following:
tion list; and November 17, 1986, for which construction ‘‘(29) Ellis Pond and Guild Pond, Norwood,
(ii) describes the reasons why the project has not been initiated prior to the date of en- Massachusetts; and
or separable element is not included on the actment of this Act, or for which funds have ‘‘(30) Memorial Pond, Walpole, Massachu-
final deauthorization list. not been obligated for construction in the 10- setts.’’.
year period prior to the date of enactment of
(c) SUBMISSION OF FINAL DEAUTHORIZATION SEC. 305. REHABILITATION OF CORPS OF ENGI-
this Act, is hereby deauthorized. NEERS CONSTRUCTED DAMS.
LIST TO CONGRESS FOR CONGRESSIONAL RE-
(2) IDENTIFICATION.—Not later than 60 days
VIEW; PUBLICATION.— Section 1177 of the Water Resources Devel-
after the date of enactment of this Act, the
(1) IN GENERAL.—Not later than 90 days opment Act of 2016 (33 U.S.C. 467f–2 note) is
Secretary shall issue to the Committee on
after the date of the close of the comment amended—
Transportation and Infrastructure of the
period under subsection (b)(4), the Secretary (1) in subsection (e), by striking
House of Representatives and the Committee
shall— ‘‘$40,000,000’’ and inserting ‘‘$60,000,000’’; and
on Environment and Public Works of the
(A) submit the final deauthorization list (2) in subsection (f), by striking
Senate a report that identifies—
and appendix prepared under subsection ‘‘$40,000,000’’ and inserting ‘‘$60,000,000’’.
(A) the name of each project, or separable
(b)(5) to the Committee on Transportation SEC. 306. CHESAPEAKE BAY ENVIRONMENTAL
element of a project, deauthorized by para-
and Infrastructure of the House of Rep- RESTORATION AND PROTECTION
graph (1); and PROGRAM.
resentatives and the Committee on Environ-
(B) the estimated current value of each
ment and Public Works of the Senate; and (a) IN GENERAL.—Section 510 of the Water
such project or separable element of a
(B) publish the final deauthorization list Resources Development Act of 1996 (Public
project.
and appendix in the Federal Register. (g) ECONOMIC AND ENVIRONMENTAL REVIEW Law 104–303, 110 Stat. 3759; 121 Stat. 1202; 128
(2) EXCLUSIONS.—The Secretary shall not OF INACTIVE WATER RESOURCES DEVELOPMENT Stat. 1317) is amended—
include in the final deauthorization list sub- PROJECTS.—The Secretary or the non-Fed- (1) by redesignating subsection (h) as sub-
mitted under paragraph (1) any project or eral interest may not carry out any author- section (i) and inserting after subsection (g)
separable element with respect to which ized water resources development project, or the following:
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Federal funds for planning, design, or con- separable element of such project, for which ‘‘(h) PROJECT CAP.—The total cost of a
struction are obligated after the develop- construction has not been initiated in the 20- project carried out under this section may
ment of the preliminary list under sub- year period following the date of the author- not exceed $15,000,000.’’; and
section (b)(1)(A) but prior to the submission ization of such project or separable element, (2) in subsection (i) (as so redesignated), by
of the final deauthorization list under para- until— striking ‘‘$40,000,000’’ and inserting
graph (1)(A) of this subsection. (1) the Secretary provides to the Com- ‘‘$90,000,000’’.
(d) DEAUTHORIZATION; CONGRESSIONAL RE- mittee on Transportation and Infrastructure (b) OUTREACH AND TRAINING.—The Sec-
VIEW.— of the House of Representatives and the retary shall conduct public outreach and
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December 8, 2020 CONGRESSIONAL RECORD — HOUSE H6961
workshops for non-Federal interests to pro- (c) TRANSFER.—The Secretary may trans- Pierhead line; thence northerly along said
vide information on the Chesapeake Bay en- fer any real property interests acquired Pierhead line, to the intersection of the eas-
vironmental restoration and protection pro- under subsection (b) to any other Federal terly right of way line of Van Ness Avenue,
gram established under section 510 of the agency or department without reimburse- formerly Marlette Street, prolongation to
Water Resources Development Act of 1996, ment. the Pierhead line.
including how to participate in the program. (d) ISABELLA DAM SAFETY MODIFICATION ‘‘(b) REQUIREMENT THAT AREA BE IM-
SEC. 307. UPPER MISSISSIPPI RIVER SYSTEM EN- PROJECT DEFINED.—In this section, the term PROVED.—The declaration of nonnavigability
VIRONMENTAL MANAGEMENT PRO- ‘‘Isabella Dam safety modification project’’ under subsection (a) applies only to those
GRAM. means the dam safety modification project parts of the area described in subsection (a)
Section 1103(e) of the Water Resources De- at the Isabella Reservoir in the San Joaquin that are or will be bulkheaded, filled, or oth-
velopment Act of 1986 (33 U.S.C. 652(e)) is Valley, California (authorized by Act of De- erwise occupied or covered by permanent
amended— cember 22, 1944 (chapter 665, 58 Stat. 901)), in- structures and does not affect the applica-
(1) in paragraph (3), by striking cluding the component of the project relat- bility of any Federal statute or regulation
‘‘$22,750,000’’ and inserting ‘‘$40,000,000’’; and ing to construction a visitor center facility. that relates to filling of navigable waters or
(2) in paragraph (4), by striking SEC. 313. LOWER SAN JOAQUIN RIVER FLOOD
to other regulated activities within the area
‘‘$10,420,000’’ and inserting ‘‘$15,000,000’’. CONTROL PROJECT. described in subsection (a), including sec-
SEC. 308. UPPER MISSISSIPPI RIVER PROTEC- The Secretary shall align the schedules of, tions 9 and 10 of the Act of March 3, 1899 (33
TION. and maximize complimentary efforts, mini- U.S.C. 401, 403), section 404 of the Federal
Section 2010(e) of the Water Resources Re- Water Pollution Control Act, and the Na-
mize duplicative practices, and ensure co-
form and Development Act of 2014 (128 Stat. tional Environmental Policy Act of 1969.
ordination and information sharing with re-
‘‘(c) INCLUSION OF EMBARCADERO HISTORIC
1270; 132 Stat. 3812) is amended by striking spect to— DISTRICT.—Congress finds and declares that
‘‘the Act of October 15, 1940 (33 U.S.C. 701h– (1) the project for flood risk management, the area described in subsection (a) contains
1)’’ and inserting ‘‘section 5 of the Act of Lower San Joaquin River, authorized by sec- the seawall, piers, and wharves that com-
June 22, 1936 (33 U.S.C. 701h)’’. tion 1401(2) of the Water Resources Develop- prise the Embarcadero Historic District list-
SEC. 309. THEODORE SHIP CHANNEL, MOBILE, ment Act of 2018 (132 Stat. 3836); and ed on the National Register of Historic
ALABAMA. (2) the second phase of the feasibility study Places on May 12, 2006.’’.
(a) IN GENERAL.—The project for naviga- for the Lower San Joaquin River project for (b) CONFORMING AMENDMENT.—Section 5052
tion, Theodore Ship Channel, Mobile Harbor, flood risk management, authorized for expe- of the Water Resources Development Act of
Alabama, authorized by section 201 of the dited completion by section 1203(a)(7) of the 2007 (33 U.S.C. 59h–1) is repealed.
Flood Control Act of 1965 (42 U.S.C. 1962d–5), Water Resources Development Act 2018 (132 SEC. 317. WESTERN PACIFIC INTERCEPTOR
is revised to incorporate into the project the Stat. 3803). CANAL, SACRAMENTO RIVER, CALI-
40-foot-deep, 1,320-foot-wide, and approxi- SEC. 314. SACRAMENTO RIVER, GLENN-COLUSA, FORNIA.
mately 1,468.5-foot-long access channel, ex- CALIFORNIA. The portion of the project for flood protec-
tending north from stations 257+25 and 273+25 The portion of project for flood control, tion on the Sacramento River, authorized by
from the Theodore Channel, that was con- Sacramento River, California, authorized by section 2 of the of March 1, 1917 (chapter 144,
structed for the former Naval Station Mo- section 2 of the Act of March 1, 1917 (chapter 39 Stat. 949; 45 Stat. 539; 50 Stat. 877; 55 Stat.
bile, as a substitute for the authorized but 144, 39 Stat. 949; 103 Stat. 649; 110 Stat. 3709; 647; 80 Stat. 1422), consisting of the portion of
unconstructed 40-foot-deep, 300-foot-wide, 112 Stat. 1841; 113 Stat. 299), consisting of a the levee from G.P.S. coordinate N2147673.584
and 1,200-foot-long anchorage basin in the riverbed gradient restoration facility at the E6690904.187 to N2147908.413 E6689057.060 asso-
same location, to serve the public terminal Glenn-Colusa Irrigation District Intake, is ciated with the Western Pacific Interceptor
that replaced the former Naval Station Mo- no longer authorized beginning on the date Canal, is no longer authorized beginning on
bile as obligated under the authorizations for of enactment of this Act. the date of the enactment of this Act.
the project. SEC. 315. SAN DIEGO RIVER AND MISSION BAY, SEC. 318. RIO GRANDE ENVIRONMENTAL MAN-
(b) TREATMENT.—The Secretary shall— SAN DIEGO COUNTY, CALIFORNIA. AGEMENT PROGRAM, COLORADO,
(1) consider construction of the access NEW MEXICO, AND TEXAS.
The portion of the project for flood control
channel described in subsection (a) to be and navigation, San Diego River and Mission Section 5056(f) of the Water Resources De-
complete; and Bay, San Diego County, California, author- velopment Act of 2007 (Public Law 110–114,
(2) assume maintenance of the access chan- ized by the Act of July 24, 1946 (chapter 595, 121 Stat. 1213; 128 Stat. 1314) is amended by
nel described in subsection (a) for so long as 60 Stat. 636), identified in the National Levee striking ‘‘2019’’ and inserting ‘‘2029’’.
the terminal described in subsection (a) re- SEC. 319. NEW LONDON HARBOR WATERFRONT
Database established under section 9004 of
CHANNEL, CONNECTICUT.
mains publicly owned. the Water Resources Development Act of
(a) IN GENERAL.—The portion of the project
SEC. 310. MCCLELLAN-KERR ARKANSAS RIVER 2007 (33 U.S.C. 3303) as the San Diego River 3
NAVIGATION SYSTEM. for navigation, New London Harbor, Con-
segment and consisting of a 785-foot-long
Any Federal funds, regardless of the ac- necticut, authorized by the first section of
segment of the right bank levee from Station
the Act of June 13, 1902 (chapter 1079, 32 Stat.
count from which the funds were provided, 209+41.75 to its end at Station 217+26.75, as
333), described in subsection (b) is no longer
used to carry out construction of the modi- described in construction plans dated August
authorized beginning on the date of enact-
fication to the McClellan-Kerr Arkansas 30, 1951, is no longer authorized beginning on ment of this Act.
River Navigation System, authorized in sec- the date of enactment of this Act. (b) AREA DESCRIBED.—The area referred to
tion 136 of the Energy and Water Develop- SEC. 316. SAN FRANCISCO, CALIFORNIA, WATER- in subsection (a) is generally the portion be-
ment Appropriations Act, 2004 (117 Stat. FRONT AREA. tween and around the 2 piers at the State
1842), shall be considered by the Secretary as (a) IN GENERAL.—Section 114 of the River Pier in New London, specifically the area—
initiating construction of the project such and Harbor Act of 1968 (33 U.S.C. 59h) is (1) beginning at a point N691263.78,
that future funds will not require a new in- amended to read as follows: E1181259.26;
vestment decision. ‘‘SEC. 114. SAN FRANCISCO, CALIFORNIA, WATER- (2) running N 35°01’50.75’’ W about 955.59
SEC. 311. OUACHITA AND BLACK RIVERS, ARKAN- FRONT AREA. feet to a point N692046.26, E1180710.74;
SAS AND LOUISIANA. ‘‘(a) AREA TO BE DECLARED NONNAV- (3) running N 54°58’06.78’’ E about 100.00 feet
The project for navigation, Ouachita and IGABLE.—The following area is declared to be to a point N692103.66, E1180792.62;
Black Rivers, Arkansas and Louisiana, au- nonnavigable waters of the United States: (4) running S 35°01’50.75’’ E about 989.8 feet
thorized by section 101 of the River and Har- All of that portion of the City and County of to a point N691293.17, E1181360.78; and
bor Act of 1960 (74 Stat. 481), is modified to San Francisco, California, lying shoreward of (5) running S 73°51’15.45’’ W about 105.69
include water supply as an authorized pur- a line beginning at the intersection of the feet to the point described in paragraph (1).
pose. southerly right of way line of Earl Street SEC. 320. WILMINGTON HARBOR, DELAWARE.
SEC. 312. LAKE ISABELLA, CALIFORNIA. prolongation with the Pierhead United It is the sense of Congress that the Corps of
(a) SENSE OF CONGRESS.—It is the sense of States Government Pierhead line, the Engineers should maintain the annual main-
Congress that the Secretary, when evalu- Pierhead line as defined in the State of Cali- tenance dredging for Wilmington Harbor,
ating alternative locations for construction fornia Harbor and Navigation Code Section Delaware, authorized by the Act of June 3,
of a permanent Isabella Lake Visitor Center 1770, as amended in 1961; thence northerly 1896 (chapter 314, 29 Stat. 207).
by the Corps of Engineers to replace the fa- along said Pierhead line to its intersection SEC. 321. WILMINGTON HARBOR SOUTH DIS-
cility impacted by the Isabella Dam safety with a line parallel with and distant 10 feet POSAL AREA, DELAWARE.
SSpencer on DSK126QN23PROD with HOUSE
modification project, should afford substan- easterly from, the existing easterly bound- (a) FINDING.—For the purposes of applying
tial weight to the site preference of the local ary line of Pier 30–32; thence northerly along section 217(b) of the Water Resources Devel-
community. said parallel line and its northerly prolonga- opment Act of 1996 (33 U.S.C. 2326a(b)) to the
(b) AUTHORITY.—The Secretary may ac- tion, to a point of intersection with a line Wilmington Harbor South Disposal Area,
quire such interests in real property as the parallel with, and distant 10 feet northerly Delaware, the Secretary shall find that the
Secretary determines necessary or advisable from, the existing northerly boundary of standard has been met for the Edgemoor ex-
to support construction of the Isabella Dam Pier 30–32; thence westerly along last said pansion of the Port of Wilmington, Dela-
safety modification project. parallel line to its intersection with said ware.
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H6962 CONGRESSIONAL RECORD — HOUSE December 8, 2020
(b) USE.—Any use of the Wilmington Har- 432,351.28, thence to a point East 1,306,209.79 (b) NO LIABILITY.—The United States shall
bor South Disposal Area permitted by the and North 431,460.21, thence to a point at the not be liable for any damages to property or
Secretary under section 217(b) for the end of the channel near Hains Point East injuries to persons from flooding that may
Edgemoor Expansion of the Port of Wil- 1,305,997.63 and North 429,978.31. be attributable to the operation and mainte-
mington shall not otherwise reduce the SEC. 323. BIG CYPRESS SEMINOLE INDIAN RES- nance of Rough River Dam, Kentucky, on
availability of capacity, in dredged material ERVATION WATER CONSERVATION land that was encumbered by a flowage ease-
disposal facilities under the jurisdiction of PLAN, FLORIDA. ment extinguished under subsection (a).
the Secretary that were constructed before (a) IN GENERAL.—The project for ecosystem (c) AUTHORIZATION OF APPROPRIATIONS.—
the date of enactment of this Act, for oper- restoration, Big Cypress Seminole Indian There is authorized to be appropriated to
ation and maintenance of— Reservation Water Conservation Plan, Flor- carry out this section $10,000,000, to remain
(1) the Delaware River Mainstem and ida, authorized pursuant to section 528 of the available until expended.
Channel Deepening project, Delaware, New Water Resources Development Act of 1996 SEC. 329. CALCASIEU RIVER AND PASS, LOU-
Jersey, and Pennsylvania, authorized by sec- (110 Stat. 3767), is no longer authorized be- ISIANA.
tion 101(6) of the Water Resources Develop- ginning on the date of enactment of this Act. Not later than 120 days after the date of
ment Act of 1992 (106 Stat. 4802); or (b) SAVINGS PROVISION.—Nothing in this enactment of this Act, the Secretary shall
(2) the Delaware River, Philadelphia to the section affects the responsibility of the Sec- provide to the Committee on Transportation
Sea, project, Delaware, New Jersey, Pennsyl- retary to pay any damages awarded by the and Infrastructure of the House of Rep-
vania, authorized by the Act of June 25, 1910 Armed Services Board of Contract Appeals, resentatives and the Committee on Environ-
(chapter 382, 36 Stat. 637; 46 Stat. 921; 52 Stat. or by a court of competent jurisdiction, to a ment and Public Works of the Senate a re-
803; 59 Stat. 14; 68 Stat. 1249; 72 Stat. 297). contractor relating to the adjudication of port on plans to modify the Calcasieu River
(c) FEE.—The Secretary shall impose on claims arising from construction of the and Pass Dredged Material Management
the non-Federal interest for the Edgemoor project described in subsection (a). Plan and Supplemental Environmental Im-
Expansion of the Port of Wilmington a fee, pact Statement (November 22, 2010 DMMP/
SEC. 324. CENTRAL EVERGLADES, FLORIDA.
under section 217(b)(1)(B) of the Water Re- SEIS) to allow for the expansion of Dredged
The project for ecosystem restoration, Material Placement Facilities (DMPFs) 17,
sources Development Act of 1996 (33 U.S.C. Central Everglades, authorized by section
2326a(b)(1)(B)), to recover capital, operation, 19, 22, D, and E to the lakeside foreshore rock
1401(4) of the Water Resources Development boundaries during planned rehabilitation of
and maintenance costs associated with any Act of 2016 (130 Stat. 1713), is modified to in-
use by the non-Federal interest of capacity these facilities.
clude the project for ecosystem restoration, SEC. 330. CAMDEN HARBOR, MAINE.
in the Wilmington Harbor South Disposal Central and Southern Florida, Everglades
Area permitted by the Secretary under sec- (a) IN GENERAL.—The portions of the
Agricultural Area, authorized by section 1308 project for navigation, Camden Harbor,
tion 217(b) of the Water Resources Develop- of the Water Resources Development Act of
ment Act of 1996 pursuant to subsection (a) Maine, described in subsection (b) are no
2018 (132 Stat. 3819), and to authorize the Sec- longer authorized beginning on the date of
of this section.
retary to carry out the project, as so com- enactment of this Act.
(d) AGREEMENT TO PAY.—In accordance
with section 217(a) of the Water Resources bined, at a total combined cost of (b) PORTIONS DESCRIBED.—The portions re-
Development Act of 1996 (33 U.S.C. 2326a(a)), $4,362,091,000. ferred to in subsection (a) are the following:
if, to accommodate the dredged materials SEC. 325. MIAMI RIVER, FLORIDA. (1) The portion of the 10-foot-deep inner
from operation and maintenance of the The portion of the project for navigation, harbor area, authorized by the first section
Edgemoor Expansion of the Port of Wil- Miami River, Florida, authorized by the Act of the Act of March 3, 1873 (chapter 233, 17
mington, the Secretary provides additional of July 3, 1930 (46 Stat. 925; 59 Stat. 16; 74 Stat. 565; 25 Stat. 400), approximately
capacity at the Wilmington Harbor South Stat. 481; 100 Stat. 4257), beginning at the ex- 50,621.75 square feet in area—
Disposal Area, the non-Federal interest for isting railroad bascule bridge and extending (A) starting at a point with coordinates
the Edgemoor Expansion of the Port of Wil- approximately 1,000 linear feet upstream to N197,640.07, E837,851.71;
mington shall agree to pay, during the pe- an existing salinity barrier and flood control (B) thence running S84°43’ 23.94’’W about
riod of construction, all costs associated structure, is no longer authorized beginning 381.51 feet to a point with coordinates
with the construction of the additional ca- on the date of enactment of this Act. N197,604.98, E837,471.82;
pacity. SEC. 326. JULIAN KEEN, JR. LOCK AND DAM, (C) thence running N43°47’ 51.43’’W about
SEC. 322. WASHINGTON HARBOR, DISTRICT OF MOORE HAVEN, FLORIDA. 270.26 feet to a point with coordinates
COLUMBIA. (a) DESIGNATION.—The Moore Haven Lock N197,800.05, E837,284.77;
Beginning on the date of enactment of this and Dam, Moore Haven, Florida, authorized (D) thence running S59°02’ 26.62’’E about
Act, the project for navigation, Washington pursuant to the Act of July 3, 1930 (chapter 219.18 feet to a point with coordinates
Harbor, District of Columbia, authorized by 847, 46 Stat. 925; 49 Stat. 1032), shall be known N197,687.30, E837,472.72;
the Act of August 30, 1935 (chapter 831, 49 and designated as the ‘‘Julian Keen, Jr. Lock (E) thence running S81°50’ 09.76’’E about
Stat. 1031), is modified to reduce, in part, the and Dam’’. 144.70 feet to a point with coordinates
authorized dimensions of the project, such (b) REFERENCES.—Any reference in a law, N197,666.75, E837,615.96;
that the remaining authorized dimensions map, regulation, document, paper, or other (F) thence running N57°27’ 07.42’’E about
are as follows: record of the United States to the Lock and 317.32 feet to a point with coordinates
(1) A 200-foot-wide, 12-foot-deep channel Dam referred to in subsection (a) shall be N197,866.52, E837,928.96; and
with a center line beginning at a point East deemed to be a reference to the ‘‘Julian (G) thence running S18°50’ 04.48’’W about
1,317,064.30 and North 440,373.32, thence to a Keen, Jr. Lock and Dam’’. 239.27 feet to the point described in subpara-
point East 1,316,474.30 and North 440,028.31, SEC. 327. TAYLOR CREEK RESERVOIR AND LEVEE graph (A).
thence to a point East 1,315,584.30 and North L–73 (SECTION 1), UPPER ST. JOHNS (2) The portion of the 14-foot-deep outer
439,388.30, thence to a point East 1,315,259.31 RIVER BASIN, FLORIDA. harbor area, authorized by the first section
and North 438,908.30. The portions of the project for flood con- of the Act of August 11, 1888 (25 Stat. 400; 32
(2) A 200- to 300-foot-wide, 12-foot-deep trol and other purposes, Central and South- Stat. 331), approximately 222,015.94 square
transition area, with a center line beginning ern Florida, authorized by section 203 of the feet in area—
at a point East 1,315,259.31 and North Flood Control Act of 1948 (62 Stat. 1176), con- (A) starting at a point with coordinates
438,908.30 to a point East 1,315,044.31 and sisting of the Taylor Creek Reservoir and N197,640.07, E837,851.71;
North 438,748.30. Levee L–73, Section 1, within the Upper St. (B) thence running N18°50’ 04.48’’E about
(3) A 300-foot-wide, 15-foot-deep channel Johns River Basin, Florida, are no longer au- 239.27 feet to a point with coordinates
with a centerline beginning a point East thorized beginning on the date of enactment N197,866.53, E837,928.96;
1,315,044.31 and North 438,748.30, thence to a of this Act. (C) thence running N58°28’ 51.05’’E about
point East 1,314,105.31 and North 438,124.79, SEC. 328. EXTINGUISHMENT OF FLOWAGE EASE- 308.48 feet to a point with coordinates
thence to a point East 1,311,973.30 and North MENTS, ROUGH RIVER LAKE, KEN- N198,027.79, E838,191.93;
438,807.78, thence to a point East 1,311,369.73 TUCKY. (D) thence running N84°20’ 01.88’’E about
and North 438,577.42, thence to a point East (a) IN GENERAL.—Subject to the avail- 370.06 feet to a point with coordinates
1,311,015.73 and North 438,197.57, thence to a ability of appropriations and on request of N198,064.33, E838,560.18;
point East 1,309,713.47 and North 435,678.91. the landowner, the Secretary shall extin- (E) thence running S05°32’ 03.42’’E about
(4) A 300- to 400-foot-wide, 15- to 24-foot- guish any flowage easement or portion of a 357.31 feet to a point with coordinates
deep transition area, with a center line be- flowage easement held by the United States N197,708.68, E838,594.64; and
SSpencer on DSK126QN23PROD with HOUSE
ginning at a point East 1,309,713.47 and North on developed land of the landowner at Rough (F) thence running S84°43’ 23.94’’W about
435,678.91 to a point East 1,307,709.33 and River Lake, Kentucky— 746.08 feet to the point described in subpara-
North 434,488.25. (1) that is above 534 feet mean sea level; graph (A).
(5) A 400-foot-wide, 24-foot-deep channel and SEC. 331. CAPE PORPOISE HARBOR, MAINE, AN-
with a centerline beginning at a point East (2) for which the Secretary determines the CHORAGE AREA DESIGNATION.
1,307,709.33 and North 434,488.25, thence to a flowage easement or portion of the flowage (a) IN GENERAL.—The project for naviga-
point East 1,307,459.33 and North 434,173.25, easement is not required to address back- tion, Cape Porpoise Harbor, Maine, author-
thence to a point East 1,306,476.82 and North water effects. ized by section 101 of the River and Harbor
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December 8, 2020 CONGRESSIONAL RECORD — HOUSE H6963
Act of 1948 (62 Stat. 1172), is modified to des- ‘‘(5) IMPLEMENTATION.—As part of a sedi- of 29,100 acre-feet of storage space pursuant
ignate the portion of the project described in ment management plan under paragraph (2), to section 5 of Public Law 97–140; and
subsection (b) as a 6-foot-deep anchorage. and in accordance with paragraph (10), the (2) amend or enter into new storage agree-
(b) PORTION DESCRIBED.—The portion of the Secretary may carry out sediment removal ments for storage of San Juan-Chama
project referred to in subsection (a) is the ap- activities at reservoirs owned and operated project water or native Rio Grande system
proximately 192,235.63 square foot area con- by the Secretary in the Upper Missouri River water up to the space allocated for each enti-
sisting of the 100-foot-wide and 6-foot-deep Basin, or at reservoirs for which the Sec- ty’s proportionate share of San Juan-Chama
channel located within the inner harbor— retary has flood control responsibilities water.
(1) starting at a point with coordinates N under section 7 of the Act of December 22, (e) OPERATIONS DOCUMENTS.—The Sec-
194,175.13, E 2,882,011.74; 1944 (33 U.S.C. 709), in the Upper Missouri retary shall amend or revise any existing op-
(2) thence running N33°46’ 08.14’’W about River Basin, in accordance with section 602 erations documents, including the Water
914.57 feet to a point with coordinates N of the Water Resources Development Act of Control Manual or operations plan for
194,935.40, E 2,881,503.38; 1986 (100 Stat. 4148; 110 Stat. 3758; 113 Stat. Abiquiu Reservoir, as necessary to meet the
(3) thence running N12°41’ 09.78’’W about 295; 121 Stat. 1076) as if those reservoirs were requirements of this section.
1,026.40 feet to a point with coordinates N listed in subsection (a) of that section.’’. (f) LIMITATIONS.—In carrying out this sec-
195,936.74, E 2,881,277.97; SEC. 335. PORTSMOUTH, NEW HAMPSHIRE. tion, the following limitations shall apply:
(4) thence running N77°18’ 50.22’’E about (1) The storage of native Rio Grande sys-
The Secretary shall expedite the activities
100.00 feet to a point with coordinates N tem water shall be subject to the provisions
required to be carried out under section 204
195,958.70, E 2,881,375.53; of the Rio Grande Compact and the resolu-
of the Water Resources Development Act of
(5) thence running S12°41’ 09.78’’E about tions of the Rio Grande Compact Commis-
1992 (33 U.S.C. 2326) regarding the use of im-
1,007.79 feet to a point with coordinates N sion.
provement dredging of the Portsmouth Fed-
194,975.52, E 2,881,596.85; (2) The storage of native Rio Grande sys-
eral navigation project in Portsmouth, New
(6) thence running S33°46’ 08.14’’E about tem water shall only be authorized to the ex-
Hampshire, carried out pursuant to section 3
895.96 feet to a point with coordinates N tent that the necessary water ownership and
of the Act of August 13, 1946 (33 U.S.C. 426g),
194,230.72, E 2,882,094.86; and storage rights have been acquired by the en-
as a source of clean beach fill material to re-
(7) thence running S56°13’ 51.86’’W about tity requesting such storage.
inforce the stone revetment at Nantasket
100.00 feet to the point described in para- (3) The storage of native Rio Grande sys-
Beach, Hull, Massachusetts.
graph (1). tem water or San-Juan Chama project water
SEC. 336. RAHWAY FLOOD RISK MANAGEMENT
SEC. 332. BALTIMORE, MARYLAND. FEASIBILITY STUDY, NEW JERSEY.
shall not interfere with the authorized pur-
The Secretary is authorized, in accordance poses of the Abiquiu Dam and Reservoir
The Secretary shall—
with section 5 of Act of June 22, 1936 (33 project.
(1) nullify the determination of the North
U.S.C. 701h), to accept funds contributed by (4) Each user of storage space, regardless of
Atlantic Division of the Corps of Engineers
a non-Federal interest for dredging on irreg- source of water, shall pay for any increase in
that further activities to carry out the feasi-
ular cycles of the Baltimore Inner Harbor costs attributable to storage of that user’s
bility study for a project for flood risk man-
Approach Channel, Baltimore Harbor and water.
agement, Rahway, New Jersey, authorized
Channels Federal navigation project, author- SEC. 338. FLUSHING BAY AND CREEK FEDERAL
by the resolution of the Committee on NAVIGATION CHANNEL, NEW YORK.
ized by section 101 of the River and Harbor
Transportation and Infrastructure of the (a) IN GENERAL.—The portion of the project
Act of 1958 (72 Stat. 297).
House of Representatives adopted on March for navigation, Flushing Bay and Creek, New
SEC. 333.
THAD COCHRAN LOCK AND DAM,
AMORY, MISSISSIPPI.
24, 1998 (docket number 2548), is not war- York, authorized by the first section of the
ranted; Act of March 3, 1905 (chapter 1482, 33 Stat.
(a) SENSE OF CONGRESS.—It is the sense of
Congress that Thad Cochran, whose selfless (2) identify an acceptable alternative to 1120; 52 Stat. 803; 76 Stat. 1174), described in
determination and tireless work, while serv- the project described in paragraph (1) that subsection (b) is no longer authorized begin-
ing as a congressman and United States Sen- could receive Federal support; and ning on the date of enactment of this Act.
ator from Mississippi for 45 years, contrib- (3) carry out, and expedite the completion (b) PORTION DESCRIBED.—The portion re-
uted greatly to the realization and success of of, a feasibility study for the acceptable al- ferred to in subsection (a) is the portion from
the Tennessee-Tombigbee Waterway. ternative identified under paragraph (2). river mile 2.5 to river mile 2.9, as bounded
(b) DESIGNATION.—The navigation lock SEC. 337. SAN JUAN-CHAMA PROJECT; ABIQUIU by—
known as the ‘‘Amory Lock’’, located at mile DAM, NEW MEXICO. (1) the coordinates of—
371 on the Tennessee-Tombigbee Waterway, (a) ABIQUIU RESERVOIR.—Section 5(b) of (A) Latitude North 40° 45’ 45.61’’ Longitude
Mississippi, and the dam associated with Public Law 97–140 (43 U.S.C. 620a note) is West 73° 50’ 20.19’’;
such lock, shall be known and designated as amended by striking ‘‘a total of two hundred (B) Latitude North 40° 45’ 47.02’’ Longitude
the ‘‘Thad Cochran Lock and Dam’’. thousand acre-feet of’’. West 73° 50’ 10.80’’;
(c) REFERENCES.—Any reference in a law, (b) WATER STORAGE AT ABIQUIU DAM, NEW (C) Latitude North 40° 45’ 26.71’’ Longitude
map, regulation, document, paper, or other MEXICO.—Section 1 of Public Law 100–522 (43 West 73° 50’ 10.85’’; and
record of the United States to the lock and U.S.C. 620a note) is amended— (D) Latitude North 40° 45’ 26.72’’ Longitude
dam referred to in subsection (b) shall be (1) by striking ‘‘200,000 acre-feet of’’; West 73° 50’ 10.96’’; and
deemed to be a reference to the ‘‘Thad Coch- (2) by inserting ‘‘and San Juan-Chama (2) the New York Long Island State Plane
ran Lock and Dam’’. project’’ after ‘‘Rio Grande system’’; and (US Survey Feet, NAD–83), as follows:
SEC. 334. MISSOURI RIVER RESERVOIR SEDI- (3) by striking ‘‘, in lieu of the water stor- (A) Easting x1028866.501 Northing
MENT MANAGEMENT. age authorized by section 5 of Public Law 97– y217179.294;
Section 1179(a) of the Water Resources De- 140, to the extent that contracting entities (B) Easting x1029588.853 Northing
velopment Act of 2016 (130 Stat. 1675; 132 under section 5 of Public Law 97–140 no y217322.675;
Stat. 3782) is amended— longer require such storage’’. (C) Easting x1029588.853 Northing
(1) in paragraph (3)— (c) WATER STORAGE.—The Secretary shall— y215267.486; and
(A) in subparagraph (B), by inserting (1) store up to elevation 6230.00 NGVD29 at (D) Easting x1028964.587 Northing
‘‘project purposes, including’’ before ‘‘stor- Abiquiu Dam, New Mexico, to the extent y215267.486.
age capacity’’; and that the necessary real property interests SEC. 339. RUSH RIVER AND LOWER BRANCH
(B) in subparagraph (C), by striking ‘‘pre- have been acquired by any entity requesting RUSH RIVER, NORTH DAKOTA.
liminary’’; such storage; and (a) IN GENERAL.—The portion of the com-
(2) by redesignating paragraphs (4) through (2) amend the March 20, 1986, contract be- prehensive plan for flood control and other
(9) as paragraphs (6) through (11), respec- tween the United States of America and the purposes in the Red River of the North drain-
tively; and Albuquerque Bernalillo County Water Util- age basin, North Dakota, South Dakota, and
(4) by inserting after paragraph (3) the fol- ity Authority (assigned by the City of Albu- Minnesota, authorized by section 203 of the
lowing: querque, New Mexico to the Albuquerque Flood Control Act of 1948 (62 Stat. 1177; 64
‘‘(4) JUSTIFICATION.—In determining the Bernalillo County Water Utility Authority) Stat. 176), consisting of clearing and rec-
economic justification of a sediment man- for water storage space in Abiquiu Reservoir tification of the channel from mile 28.3 near
agement plan under paragraph (2), the Sec- to allow for storage by the Albuquerque Amenia to the mouth of the Rush River,
retary shall— Bernalillo County Water Utility Authority known as Cass County Drain No. 12, is no
‘‘(A) measure and include flooding, erosion, of San Juan-Chama project water or native longer authorized beginning on the date of
SSpencer on DSK126QN23PROD with HOUSE
and accretion damages both upstream and Rio Grande system water up to elevation enactment of this Act.
downstream of the reservoir that are likely 6230.00 NGVD29. (b) LOWER BRANCH RUSH RIVER.—The
to occur as a result of sediment management (d) STORAGE AGREEMENTS WITH USERS project for flood control, Lower Branch Rush
within the reservoir compared to the dam- OTHER THAN THE ALBUQUERQUE BERNALILLO River, North Dakota, carried out under sec-
ages that are likely to occur if the sediment COUNTY WATER UTILITY AUTHORITY.—The tion 205 of the Flood Control Act of 1948 (33
management plan is not implemented; and Secretary shall— U.S.C. 701s), known as Cass County Drain No.
‘‘(B) include lifecycle costs and a 100-year (1) retain or enter into new agreements 2, is no longer authorized beginning on the
period of analysis. with entities for a proportionate allocation date of enactment of this Act.
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H6964 CONGRESSIONAL RECORD — HOUSE December 8, 2020
SEC. 340. PAWCATUCK RIVER, LITTLE NARRA- (4) is located in a city with a population of (2) in subsection (g)—
GANSETT BAY AND WATCH HILL 80,000 or less. (A) by striking the period at the end and
COVE, RHODE ISLAND AND CON-
SEC. 346. SURPLUS WATER CONTRACTS AND inserting ‘‘; or’’;
NECTICUT.
WATER STORAGE AGREEMENTS. (B) by striking ‘‘means a community’’ and
Beginning on the date of enactment of this
Section 1046(c)(3) of the Water Resources inserting the following: ‘‘means—
Act, that portion of the project for naviga-
tion, Pawcatuck River, Little Narragansett Reform and Development Act of 2014 (128 ‘‘(1) a community’’; and
Bay and Watch Hill Cove, Rhode Island and Stat. 1254; 132 Stat. 3784) is amended by (C) by adding at the end the following:
Connecticut, authorized by section 2 of the striking ‘‘12’’ and inserting ‘‘16’’. ‘‘(2) a regional water system that serves a
Act of March 2, 1945 (chapter 19, 59 Stat. 13), SEC. 347. NO WAKE ZONES IN NAVIGATION CHAN- population of less than 100,000, for which the
NELS. per capita income is less than the per capita
consisting of a 10-foot-deep, 16-acre anchor-
age area in Watch Hill Cove is no longer au- Section 1149 of the Water Resources Devel- income of not less than 50 percent of the
thorized. opment Act of 2016 (33 U.S.C. 1223 note) counties in the United States.’’.
SEC. 341. HARRIS COUNTY, TEXAS. amended—
(1) by striking ‘‘recreational’’ in each place SEC. 351. FLOOD CONTROL AND OTHER PUR-
Section 575 of the Water Resources Devel- POSES.
opment Act of 1996 (110 Stat. 3789; 113 Stat. it appears and inserting ‘‘covered’’; and
311; 121 Stat. 1253) is repealed. (2) by amending subsection (c) to read as Section 103(k) of the Water Resources De-
SEC. 342. CAP SANTE WATERWAY, WASHINGTON. follows: velopment Act of 1986 (33 U.S.C. 2213) is
Beginning on the date of enactment of this ‘‘(c) DEFINITIONS.—In this section: amended—
Act, the project for navigation, Cap Sante ‘‘(1) COVERED NAVIGATION CHANNEL.—The (1) by striking ‘‘Except as’’ and inserting
Waterway and Navigation Channel, Skagit term ‘covered navigation channel’ means a the following:
County, Washington, authorized by the Act navigation channel that— ‘‘(1) IN GENERAL.—Except as’’; and
of March 2, 1919 (chapter 95, 40 Stat. 1285), is ‘‘(A) is federally marked or maintained; (2) by adding at the end the following:
modified to deauthorize the portion of the ‘‘(B) is part of the Atlantic Intracoastal ‘‘(2) RENEGOTIATION OF TERMS.—
project consisting of an approximately Waterway; and ‘‘(A) IN GENERAL.—At the request of a non-
334,434-foot area of the Federal channel with- ‘‘(C) is adjacent to a marina. Federal interest, the Secretary and the non-
in Anacortes Harbor inside and directly adja- ‘‘(2) COVERED VESSEL.—The term ‘covered Federal interest may renegotiate the terms
cent to the Federal breakwater and training vessel’ means a recreational vessel or an and conditions of an eligible deferred pay-
wall structure, starting at a point with co- uninspected passenger vessel, as such terms ment, including—
ordinates N557015.552, E1210819.619, thence are defined in section 2101 of title 46, United ‘‘(i) permitting the non-Federal contribu-
running S88 13’2.06’’E approximately 200 feet States Code.’’. tion to be made without interest, pursuant
to a point with coordinates N557009.330, SEC. 348. LIMITATION ON CONTRACT EXECUTION to paragraph (1);
E1211019.522, thence running S01 46’58.08’’W IN THE ARKANSAS RIVER BASIN.
‘‘(ii) recalculation of the interest rate;
approximately 578 feet to a point with co- (a) DEFINITION OF COVERED CONTRACT.—In ‘‘(iii) full or partial forgiveness of interest
ordinates N556431.405, E1211001.534, thence this section, the term ‘‘covered contract’’ accrued during the period of construction;
running S49 49’50.23’’W approximately 69 feet means a contract between any local govern- and
to a point with coordinates N556387.076, mental entity and the Secretary for water ‘‘(iv) a credit against construction interest
E1210949.002, thence running S51 53’0.25’’E ap- supply storage in a Federal or non-Federal for a non-Federal investment that benefits
proximately 35 feet to a point with coordi- hydropower lake within the Arkansas River
the completion or performance of the project
nates N556365.662, E1210976.316, thence run- Basin.
or separable element.
ning S49 38’58.48’’W approximately 112 feet to (b) LIMITATION.—For any new covered con-
‘‘(B) ELIGIBLE DEFERRED PAYMENT.—An eli-
a point with coordinates N556292.989, tract for a hydropower lake that is entered
gible deferred payment agreement under sub-
E1210890.775, thence running N88 13’1.87’’W into during the period beginning on the date
paragraph (A) is an agreement for which—
approximately 109 feet to a point with co- of enactment of this Act and ending on De-
‘‘(i) the non-Federal contribution was
ordinates N556296.367, E1210782.226, thence cember 31, 2022, a local governmental entity
made with interest;
running S46 46’58.97’’W approximately 141 shall not pay more than 110 percent of the
‘‘(ii) the period of project construction ex-
feet to a point with coordinates N556199.527, initial principal cost for the acre-feet being
sought for the new covered contract for that ceeds 10 years from the execution of a
E1210679.164, thence running N88 13’1.77’’W project partnership agreement or appropria-
approximately 700 feet to a point with co- hydropower lake.
tion of funds; and
ordinates N556221.305, E1209979.502, thence SEC. 349. WAIVER OF NON-FEDERAL SHARE OF
‘‘(iii) the construction interest exceeds
running N01 46’58.08’’E approximately 250 feet DAMAGES RELATED TO CERTAIN
CONTRACT CLAIMS. $45,000,000.
to a point with coordinates N556471.184,
In a case in which the Armed Services ‘‘(3) CREDIT FOR NON-FEDERAL CONTRIBU-
E1209987.280, thence running S88 13’1.77’’E ap-
Board of Contract Appeals or other court of TION.—
proximately 815 feet to a point with coordi-
competent jurisdiction has rendered a deci- ‘‘(A) IN GENERAL.—The Secretary is author-
nates N556445.828, E1210801.886, thence run-
sion during the period beginning on Decem- ized to credit any costs incurred by the non-
ning N01 46’58.08’’E approximately 570 feet to
ber 1, 2017, and ending on December 31, 2022, Federal interest (including in-kind contribu-
the point of origin.
awarding damages to a contractor relating tions) to remedy a design or construction de-
SEC. 343. LOCAL GOVERNMENT RESERVOIR PER-
MIT REVIEW. to the adjudication of claims arising from ficiency of a covered project or separable ele-
Section 1119(b) of the Water Resources De- the construction of an authorized water re- ment toward the non-Federal share of the
velopment Act of 2018 (33 U.S.C. 2347 note) is sources development project, notwith- cost of the covered project, if the Secretary
amended by striking ‘‘owned or operated by standing the terms of the Project Partner- determines the remedy to be integral to the
the Secretary’’. ship Agreement, the Secretary shall waive completion or performance of the covered
SEC. 344. PROJECT MODIFICATIONS FOR IM- payment of the share of the non-Federal in- project.
PROVEMENT OF ENVIRONMENT. terest of those damages, including attorney’s ‘‘(B) CREDIT OF COSTS.—If the non-Federal
Section 1203(g) of the Water Resources De- fees, if— interest incurs costs or in-kind contributions
velopment Act of 2018 (132 Stat. 3805) is (1)(A) the contracting officer was in- for a project to remedy a design or construc-
amended, in the matter preceding paragraph structed by the Corps of Engineers to modify tion deficiency of a project or separable ele-
(1), by striking ‘‘For fiscal years 2019 and the terms of the contract or terminate the ment which has a 100 percent Federal cost
2020’’ and inserting ‘‘Until September 30, contract; and share, and the Secretary determines the
2024’’. (B) the Armed Services Board of Contract remedy to be integral to the completion or
SEC. 345. AQUATIC ECOSYSTEM RESTORATION. Appeals or other court of competent jurisdic- performance of the project, the Secretary is
For fiscal years 2021 through 2024, in car- tion determined that the failure of the con- authorized to credit such costs to any inter-
rying out section 206 of the Water Resources tracting officer to timely take the action de- est accrued on a deferred non-Federal con-
Development Act of 1996 (33 U.S.C. 2330), the scribed in subparagraph (A) was a material tribution.
Secretary shall give priority to a project to breach of the contract that resulted in dam- ‘‘(4) TREATMENT OF PRE-PAYMENT.—Not-
restore and protect an aquatic ecosystem or ages to the contractor awarded by the Armed withstanding a deferred payment agreement
estuary that— Services Board of Contract Appeals or the with a non-Federal interest, the Secretary
(1) is located in the South Platte River court, as applicable; or shall accept, without interest of any type,
Basin; (2) the claims arose from construction of a the repayment of a non-Federal contribution
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(2) is located on a body of water that is project deauthorized under this title. for any eligible deferred payment described
identified by the applicable State pursuant SEC. 350. REDUCED PRICING FOR CERTAIN in paragraph (2)(B) for which—
to section 303(d) of the Federal Water Pollu- WATER SUPPLY STORAGE. ‘‘(A) the non-Federal interest makes a pay-
tion Control Act (33 U.S.C. 1313(d)) as being Section 322 of the Water Resources Devel- ment of at least $200 million for that eligible
impaired; opment Act of 1990 (33 U.S.C. 2324) is amend- deferred payment agreement on or before
(3) has the potential to provide flood risk ed— September 30, 2021; and
management and recreational benefits in ad- (1) in subsection (b), by striking ‘‘2,000,000’’ ‘‘(B) the non-Federal interest repays the
dition to ecosystem restoration benefits; and and inserting ‘‘3,000,000’’; and remaining principal by September 30, 2023.’’.
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December 8, 2020 CONGRESSIONAL RECORD — HOUSE H6965
SEC. 352. ADDITIONAL ASSISTANCE FOR CRIT- ment Act of 1992 (106 Stat. 4835; 113 Stat. 336; No. DACW43–88–C–0036, dated March 10, 1988,
ICAL PROJECTS. 121 Stat. 1268) is amended by striking between the United States and the State of
(a) CONSISTENCY WITH REPORTS.—Congress ‘‘$25,000,000’’ and inserting ‘‘$75,000,000’’. Missouri, to implement the modifications re-
finds that the project modifications de- (12) WESTERN RURAL WATER.—Section 595 of quired under subparagraphs (A) and (B).
scribed in this section are in accordance with the Water Resources Development Act of (2) CITY OF PLATTSBURG.—
the reports submitted to Congress by the 1999 (113 Stat. 383; 117 Stat. 139; 117 Stat. 142; (A) IN GENERAL.—The project for Smith-
Secretary under section 7001 of the Water 117 Stat. 1836; 118 Stat. 440; 121 Stat. 1219; 123 ville Lake, Missouri, authorized pursuant to
Resources Reform and Development Act of Stat. 2851; 128 Stat. 1316; 130 Stat. 1681) is section 204 of the Flood Control Act of 1965
2014 (33 U.S.C. 2282d), titled ‘‘Report to Con- amended— (79 Stat. 1080), is modified to release the City
gress on Future Water Resources Develop- (A) by striking the section heading and in- of Plattsburg, Missouri, from—
ment’’, or have otherwise been reviewed by (i) 8,850 acre-feet of future water supply
serting ‘‘WESTERN RURAL WATER.’’;
Congress. storage contracts; and
(B) in subsection (b), by inserting ‘‘Ari-
(b) MODIFICATIONS.— (ii) future financial obligations for the vol-
(1) SACRAMENTO AREA, CALIFORNIA.—Sec- zona,’’ before ‘‘rural Idaho’’;
(C) in subsection (c), by inserting ‘‘Ari- ume of storage described in clause (i).
tion 219(f)(23) of the Water Resources Devel- (B) AMENDMENT TO CONTRACT.—The Sec-
opment Act of 1992 (106 Stat. 4835; 113 Stat. zona,’’ before ‘‘Idaho’’; and
(D) in subsection (i), by striking ‘‘for the retary shall amend water supply contract
336; 117 Stat. 1840) is amended to read as fol- No. DACW41–73–C–0008, between the United
lows: period beginning with fiscal year 2001,
$435,000,000, to remain available until ex- States and the State of Missouri, to imple-
‘‘(23) SACRAMENTO AREA, CALIFORNIA.— ment the modifications under subparagraph
$45,000,000 for regional water conservation, pended.’’ and inserting the following: ‘‘, to
remain available until expended— (A).
recycling, reliability, and resiliency projects (3) CITY OF SMITHVILLE.—
in Placer, El Dorado, and Sacramento Coun- ‘‘(1) for the period beginning with fiscal
year 2001, $435,000,000 for Idaho, Montana, (A) IN GENERAL.—The project for Smith-
ties and the San Juan Suburban Water Dis- ville Lake, Missouri, authorized pursuant to
trict, California.’’. rural Nevada, New Mexico, rural Utah, and
Wyoming; and section 204 of the Flood Control Act of 1965
(2) SOUTH PERRIS, CALIFORNIA.—Section (79 Stat. 1080), is modified to release the City
219(f)(52) of the Water Resources Develop- ‘‘(2) $150,000,000 for Arizona.’’.
(13) CENTRAL WEST VIRGINIA.—Section of Smithville, Missouri, from—
ment Act of 1992 (106 Stat. 4835; 113 Stat. 336; (i) 6,000 acre-feet of future water supply
114 Stat. 2763A–220) is amended by striking 571(h) of the Water Resources Development
Act of 1999 (113 Stat. 371; 121 Stat. 1257) is storage contracts; and
‘‘$25,000,000’’ and inserting ‘‘$50,000,000’’. (ii) future financial obligations for the vol-
(3) MADISON AND ST. CLAIR COUNTIES, ILLI- amended by striking ‘‘$20,000,000’’ and insert-
ing ‘‘$100,000,000’’. ume of storage described in clause (i).
NOIS.—Section 219(f)(55) of the Water Re-
(14) SOUTHERN WEST VIRGINIA.—Section (B) AMENDMENT TO CONTRACT.—The Sec-
sources Development Act of 1992 (106 Stat. retary shall amend water supply contract
4835; 113 Stat. 335; 114 Stat. 2763A–221) is 340(g) of the Water Resources Development
Act of 1992 (106 Stat. 4856; 110 Stat. 3727; 113 No. DACW–41–73–C–0007, between the United
amended by striking ‘‘$10,000,000’’ and insert- States and the State of Missouri, to imple-
ing ‘‘$45,000,000’’. Stat. 320) is amended by striking
‘‘$40,000,000’’ and inserting ‘‘$120,000,000’’. ment the modifications under subparagraph
(4) SOUTHERN AND EASTERN KENTUCKY.— (A).
Section 531 of the Water Resources Develop- (c) LOWELL CREEK TUNNEL, SEWARD, ALAS-
KA.—Section 5032(a)(2) of the Water Re- (b) FLOOD RISK MANAGEMENT.—The fol-
ment Act of 1996 (110 Stat. 3773; 113 Stat. 348; lowing project modifications for flood risk
117 Stat. 142; 121 Stat. 1226) is amended— sources Development Act of 2007 (Public Law
110–114, 121 Stat. 1205) is amended by striking management, as identified in a report enti-
(A) in subsection (g), by inserting ‘‘Boyd, tled ‘‘Report to Congress on Future Water
‘‘15’’ and inserting ‘‘20’’.
Carter, Elliott, Lincoln,’’ after ‘‘Lee,’’; and Resources Development’’, and submitted to
(d) CAPE ARUNDEL DISPOSAL SITE, MAINE.—
(B) in subsection (h), by striking Section 1312 of the Water Resources Develop- Congress pursuant to section 7001 of the
‘‘$40,000,000’’ and inserting ‘‘$100,000,000’’. ment Act of 2018 (132 Stat. 3821) is amended Water Resources Reform and Development
(5) DESOTO COUNTY, MISSISSIPPI.—Section by striking ‘‘December 31, 2021’’ and insert- Act of 2014 (33 U.S.C. 2282d) or otherwise re-
219(f)(30) of the Water Resources Develop- ing ‘‘September 30, 2024’’. viewed by Congress, are authorized to be car-
ment Act of 1992 (106 Stat. 4835; 113 Stat. 336; SEC. 353. PROJECT MODIFICATION AUTHORIZA- ried out by the Secretary:
114 Stat. 2763A–220; 119 Stat. 282; 119 Stat. TIONS. (1) Modification of the project for flood
2257; 122 Stat. 1623) is amended by striking (a) WATER SUPPLY.—The following project risk management, lower Mississippi River,
‘‘$75,000,000’’ and inserting ‘‘$130,000,000’’. modifications for water supply, as identified authorized by the Act of May 15, 1928 (chap-
(6) JACKSON COUNTY, MISSISSIPPI.—Section in the report entitled ‘‘Report to Congress on ter 569, 45 Stat. 534), to incorporate the Wolf
219 of the Water Resources Development Act Future Water Resources Development’’ dated River Backwater and Nonconnah Creek levee
of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. February 2019, and submitted to Congress on systems into the project, authorized by sec-
1494; 121 Stat. 1258) is amended— June 3, 2019, pursuant to section 7001 of the tion 5 of the Act of June 22, 1936 (chapter 688,
(A) in subsection (c)(5), by striking ‘‘water Water Resources Reform and Development 49 Stat. 1575; 50 Stat. 881), subject to the de-
supply and’’ and inserting ‘‘water supply, Act of 2014 (33 U.S.C. 2282d) or otherwise re- termination of the Secretary that such sys-
projects for stormwater and drainage sys- viewed by Congress, are authorized to be car- tems meet all requirements applicable to
tems, and’’; and ried out by the Secretary substantially in such project.
(B) in subsection (e)(1), by striking accordance with the recommendations in- (2) Modification of the project for flood
‘‘$32,500,000’’ and inserting ‘‘$57,500,000’’. cluded in such report pursuant to section risk management, Red River below Denison
(7) ST. LOUIS, MISSOURI.—Section 219(f)(32) 301(c) of the Water Supply Act of 1958 (43 Dam, Arkansas, Louisiana, and Texas, au-
of the Water Resources Development Act of U.S.C. 390b(c)) and as follows: thorized by the Act of June 28, 1938 (chapter
1992 (106 Stat. 4835; 113 Stat. 337; 121 Stat. (1) CLARENCE CANNON DAM AND MARK TWAIN 795, 52 Stat. 1219), to incorporate the Cher-
1233) is amended by striking ‘‘$35,000,000’’ and LAKE PROJECT, SALT RIVER, MISSOURI.— okee Park Levee into the project, subject to
inserting ‘‘$70,000,000’’. (A) IN GENERAL.—The project for Clarence the determination of the Secretary that such
(8) MIDWEST CITY, OKLAHOMA.—Section Cannon Dam and Mark Twain Lake Project, levee meets all requirements applicable to
219(f)(231) of the Water Resources Develop- Salt River, Missouri, authorized by section such project.
ment Act of 1992 (106 Stat. 4835; 113 Stat. 336; 203 of the Flood Control Act of 1962 (76 Stat. SEC. 354. COMPLETION OF MAINTENANCE AND
121 Stat. 1266) is amended by striking 1189; 79 Stat. 1089; 95 Stat. 1684), is modified REPAIR ACTIVITIES.
‘‘$2,000,000’’ and inserting ‘‘$5,000,000’’. to release 5,600 acre-feet of future use water (a) EXPEDITED COMPLETIONS.—
(9) SOUTH CENTRAL PENNSYLVANIA.—Section supply storage to the Federal Government (1) UPPER SNAKE RIVER BASIN.—The Sec-
313 of the Water Resources Development Act under water supply contract No. DACW43–88– retary shall expedite, in coordination with
of 1992 (106 Stat. 4845; 109 Stat. 407; 110 Stat. C–0036, and future financial obligations for State, Tribal, and local authorities, the com-
3723; 113 Stat. 310; 117 Stat. 142; 121 Stat. 1146) such volume of storage. pletion of maintenance and repair activities
is amended— (B) RELIEF OF CERTAIN OBLIGATIONS.—Upon for those elements of the levee systems in
(A) in subsection (g)(1), by striking execution of the amendment required by sub- the Upper Snake River Basin, authorized
‘‘$200,000,000’’ and inserting ‘‘$400,000,000’’; paragraph (C), the State of Missouri shall be pursuant to the Flood Control Act of 1950 (64
and relieved of the obligation to pay the percent- Stat. 179), that are operated and maintained
(B) in subsection (h)(2), by inserting ‘‘Bea- age of the annual operation and maintenance by the Secretary.
ver, Jefferson,’’ after ‘‘Washington,’’. expense, the percentage of major replace- (2) LOWER MISSOURI RIVER BASIN.—The Sec-
(10) LAKES MARION AND MOULTRIE, SOUTH ment cost, and the percentage of major reha- retary shall expedite, in coordination with
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CAROLINA.—Section 219(f)(25) of the Water bilitation costs, of the joint use facilities of State and local authorities and stakeholders,
Resources Development Act of 1992 (106 Stat. the project described in subparagraph (A), the completion of maintenance and repair
4835; 113 Stat. 336; 114 Stat. 2763A–220; 117 that are attributable to water supply storage activities for those elements of the levee sys-
Stat. 1838; 130 Stat. 1677; 132 Stat. 3818) is space not being used by the State during the tems in the Lower Missouri River Basin, au-
amended by striking ‘‘$89,550,000’’ and insert- period before the State commences use of thorized pursuant to the Pick-Sloan Mis-
ing ‘‘$110,000,000’’. the storage space. souri River Basin Program (authorized by
(11) EL PASO COUNTY, TEXAS.—Section (C) AMENDMENT TO CONTRACT.—The Sec- section 9(b) of the Act of December 22, 1944
219(f)(269) of the Water Resources Develop- retary shall amend Water Supply Contract (chapter 665, 58 Stat. 891)) or the Missouri
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H6966 CONGRESSIONAL RECORD — HOUSE December 8, 2020
River Bank Stabilization and Navigation 2016 (33 U.S.C. 2282e(d)) prior to carrying out (1) IN GENERAL.—As soon as practicable,
project (authorized by section 2 of the Act of a project identified in subsection (a). the Secretary shall complete the conveyance
March 2, 1945 (chapter 19, 59 Stat. 19)), that SEC. 356. CONVEYANCES. of the Wilmington Harbor North Disposal
are operated and maintained by the Sec- (a) GENERALLY APPLICABLE PROVISIONS.— Area confined disposal facility, Delaware, to
retary. (1) SURVEY TO OBTAIN LEGAL DESCRIPTION.— the State of Delaware.
(3) COOS BAY NORTH JETTY SYSTEM, OR- The exact acreage and the legal description (2) DEED.—The Secretary shall convey the
EGON.—The Secretary shall expedite, in co- of any real property to be conveyed under property under this subsection by quitclaim
ordination with State and local authorities this section shall be determined by a survey deed under such terms and conditions as the
and stakeholders, the completion of mainte- that is satisfactory to the Secretary. Secretary determines appropriate to protect
nance and repair activities for those ele- (2) APPLICABILITY OF PROPERTY SCREENING the interests of the United States.
ments of the Coos Bay North Jetty system, PROVISIONS.—Section 2696 of title 10, United (3) CONSIDERATION.—The State of Delaware
Oregon, authorized by the first section of the States Code, shall not apply to any convey- shall pay to the Secretary an amount that is
Act of January 21, 1927 (chapter 47, 44 Stat. ance under this section. not less than the fair market value of the
1014), that are operated and maintained by (3) COSTS OF CONVEYANCE.—An entity to property conveyed under this subsection, as
the Secretary. which a conveyance is made under this sec- determined by the Secretary.
(4) INDIAN RIVER INLET AND BAY, DELA- tion shall be responsible for all reasonable (e) OHIO RIVER LOCK AND DAM NUMBER 52,
WARE.—The Secretary shall expedite, in co- and necessary costs, including real estate MASSAC COUNTY, ILLINOIS.—
ordination with State and local authorities, transaction and environmental documenta- (1) CONVEYANCE AUTHORIZED.—The Sec-
the completion of maintenance and repair tion costs, associated with the conveyance. retary shall convey to the Massac-Metropolis
activities for the elements of the project for (4) LIABILITY.—An entity to which a con- Port District, Illinois, all right, title, and in-
navigation, Indian River Inlet and Bay, Dela- veyance is made under this section shall hold terest of the United States in and to any real
ware, authorized by the Act of August 26, the United States harmless from any liabil- property located north of the south bank of
1937 (chapter 832, 50 Stat. 846), that are oper- ity with respect to activities carried out, on the Ohio River in Massac County, Illinois,
ated and maintained by the Secretary. or after the date of the conveyance, on the that is associated with the Ohio River Lock
(b) SAVINGS PROVISION.—Nothing in this real property conveyed. The United States and Dam 52.
section affects the responsibility of the Sec- shall remain responsible for any liability (2) DEED.—The Secretary shall convey the
retary to comply with the requirements of with respect to activities carried out, before property under this subsection by quitclaim
such date, on the real property conveyed. deed under such terms and conditions as the
any Federal law in carrying out the activi-
(5) ADDITIONAL TERMS AND CONDITIONS.— Secretary determines appropriate to protect
ties required to be expedited by this section.
The Secretary may require that any convey- the interests of the United States.
SEC. 355. PROJECT REAUTHORIZATIONS.
ance under this section be subject to such (3) CONSIDERATION.—The Massac-Metropo-
(a) IN GENERAL.— additional terms and conditions as the Sec- lis Port District, Illinois, shall pay to the
(1) MUDDY RIVER, MASSACHUSETTS.—The retary considers necessary and appropriate Secretary an amount that is not less than
separable elements for ecosystem restora- to protect the interests of the United States. fair market value of the property conveyed
tion of the project for flood damage reduc- (b) EUFAULA, ALABAMA.— under this subsection, as determined by the
tion and environmental restoration, Muddy (1) CONVEYANCE AUTHORIZED.—The Sec- Secretary.
River, Brookline and Boston, Massachusetts, retary shall convey to the City of Eufaula, (f) UPPER ST. ANTHONY FALLS LOCK AND
authorized by section 522 of the Water Re- Alabama, all right, title, and interest of the DAM, MINNEAPOLIS, MINNESOTA.—
sources Development Act of 2000 (114 Stat. United States in and to the real property de- (1) CONVEYANCE AUTHORIZED.—As soon as
2656), and deauthorized pursuant to section scribed in the Department of the Army Lease practicable after the date of enactment of
6001 of the Water Resources Reform and De- No. DACW01–2–17–0747, containing 56.76 acres, this Act, the Secretary shall, upon request—
velopment Act of 2014 (128 Stat. 1345), are au- more or less, and being a part of Tracts L– (A) convey, without consideration, to the
thorized to be carried out by the Secretary, 1268 (26.12 acres), L–1273 (13.71 acres), L–1278 City of Minneapolis, Minnesota, or its des-
subject to subsection (b). (6.75 acres), and L1279 (10.36 acres) of the ignee, all or substantially all of the real
(2) EAST CHESTER CREEK, NEW YORK.—Not- Walter F. George Lock and Dam and Lake property owned by the United States adja-
withstanding section 1001 of the Water Re- project. cent to or in the vicinity of the Upper St.
sources Development Act of 1986 (33 U.S.C. (2) DEED.—The Secretary shall convey the Anthony Falls Lock and Dam, subject to the
579a), the project for navigation, East Ches- property under this subsection by quitclaim right of the Secretary to retain any ease-
ter Creek, New York, authorized by section deed under such terms and conditions as the ments in such property solely to the extent
101 of the River and Harbor Act of 1950 (64 Secretary determines appropriate to protect necessary to continue to operate and main-
Stat. 164; 100 Stat. 4181), and deauthorized the interests of the United States. tain the Upper St. Anthony Falls Lock and
pursuant to section 1001 of the Water Re- (3) CONSIDERATION.—The City of Eufaula, Dam; and
sources Development Act of 1986 (33 U.S.C. Alabama, shall pay to the Secretary an (B) provide, without consideration, to the
579(a)), is authorized to be carried out by the amount that is not less than the fair market City or its designee—
Secretary, subject to subsection (b). value of the property conveyed under this (i) access and use rights by license, ease-
(3) CHRISTIANSTED HARBOR, UNITED STATES subsection, as determined by the Secretary. ment, or similar agreement, to any real
VIRGIN ISLANDS.—Notwithstanding section (c) MONTGOMERY, ALABAMA.— property and structures at the site of the
1002 of the Water Resources Development (1) CONVEYANCE AUTHORIZED.—The Sec- Upper St. Anthony Falls Lock and Dam that
Act of 1986 (100 Stat. 4221), the portion of the retary shall convey to the City of Mont- is not conveyed under subparagraph (A); and
project for navigation, Christiansted Harbor, gomery, Alabama, all right, title, and inter- (ii) for any such property retained by the
St. Croix, United States Virgin Islands, au- est of the United States in and to the real Secretary, exclusive license or easement
thorized by section 101 of the River and Har- property described in paragraph (2). over such property to allow the City or its
bor Act of 1950 (64 Stat. 167), and deauthor- (2) PROPERTY.—The property to be con- designee to construct, use, and operate
ized under section 1002 of the Water Re- veyed is the 62.38 acres of land and water amenities thereon, and to utilize such prop-
sources Development Act of 1986 (100 Stat. under the primary jurisdiction of the Sec- erty as a comprehensive recreational,
4221), is authorized to be carried out by the retary in the R.E. ‘‘Bob’’ Woodruff Project touristic, and interpretive experience.
Secretary, subject to subsection (b). Area that is covered by lease number (2) OWNERSHIP AND OPERATION OF LOCK AND
(4) CHARLOTTE AMALIE (ST. THOMAS) HARBOR, DACW01–1–05–0037, including the parcels and DAM.—Ownership rights to the Upper St. An-
UNITED STATES VIRGIN ISLANDS.—Notwith- structure known as ‘‘Powder Magazine’’. thony Falls Lock and Dam shall not be con-
standing section 1002 of the Water Resources (3) DEADLINE.—To the extent practicable, veyed under this subsection, and the Sec-
Development Act of 1986 (100 Stat. 4221), the the Secretary shall complete the conveyance retary shall retain all rights to operate and
portion of the project for navigation, Char- under this subsection by not later than 180 maintain the Upper St. Anthony Falls Lock
lotte Amalie (St. Thomas) Harbor, St. Thom- days after the date of enactment of this Act. and Dam.
as, United States Virgin Islands, authorized (4) DEED.—The Secretary shall convey the (3) REVERSION.—If the Secretary deter-
by the Act of August 26, 1937 (chapter 832, 50 property under this subsection by quitclaim mines that the property conveyed under this
Stat. 850), and deauthorized under section deed under such terms and conditions as the subsection is not used for a public purpose,
1002 of the Water Resources Development Secretary determines appropriate to protect all right, title, and interest in and to the
Act of 1986 (100 Stat. 4221), is authorized to be the interests of the United States, to include property shall revert, at the discretion of the
carried out by the Secretary, subject to sub- retaining the right to inundate with water Secretary, to the United States.
section (b). any land transferred under this subsection. (4) UPPER ST. ANTHONY FALLS LOCK AND DAM
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(b) REPORT TO CONGRESS.—The Secretary (5) CONSIDERATION.—The City of Mont- DEFINED.—In this subsection, the term
shall complete and submit to the Committee gomery, Alabama, shall pay to the Secretary ‘‘Upper St. Anthony Falls Lock and Dam’’
on Transportation and Infrastructure of the an amount that is not less than the fair mar- means the lock and dam located on Mis-
House of Representatives and the Committee ket value of the property conveyed under sissippi River Mile 853.9 in Minneapolis, Min-
on Environment and Public Works of the this subsection, as determined by the Sec- nesota.
Senate a post-authorization change report retary. (g) CLINTON, MISSOURI.—
(as such term is defined in section 1132(d) of (d) CONVEYANCE OF WILMINGTON HARBOR (1) CONVEYANCE AUTHORIZED.—The Sec-
the Water Resources Development Act of NORTH DISPOSAL AREA, DELAWARE.— retary shall convey to the City of Clinton,
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December 8, 2020 CONGRESSIONAL RECORD — HOUSE H6967
Missouri, without consideration, all right, (3) DEED.—The Secretary shall convey the (1) NON-FEDERAL ENTITY.—In this sub-
title, and interest of the United States in property under this subsection by quitclaim section, the term ‘‘non-Federal entity’’
and to the real property described in para- deed under such terms and conditions as the means the Friends of Joseph Barker, Jr.,
graph (2). Secretary determines appropriate to protect House, a nonprofit organization in the State
(2) PROPERTY.—The property to be con- the interests of the United States. of Ohio.
veyed is a tract of land situated in the S 1⁄2 (4) REVERSION.—If the Secretary deter- (2) CONVEYANCE AUTHORIZED.—
of Section 12 and the N 1⁄2 of Section 13, mines that the property conveyed under this (A) IN GENERAL.—Subject to paragraph (6),
Township 41 North, Range 26 West of the subsection is not being used for a public pur- the Secretary shall convey to the non-Fed-
Fifth Principal Meridian, Henry County, pose, all right, title, and interest in and to eral entity, without consideration, all right,
Missouri, more particularly described as fol- the property shall revert, at the discretion of title, and interest of the United States in
lows: Beginning at the point of intersection the Secretary, to the United States. and to the property described in paragraph
of the north line of said S 1⁄2 of Section 12 (h) CITY OF CLINTON, OLD ORCHARD ADDI- (3)(A).
and the easterly right-of-way of State High- TION, MISSOURI.— (B) EASEMENT.—Upon conveyance of the
way No. 13; thence easterly along the north (1) CONVEYANCE AUTHORIZED.—The Sec- property under subparagraph (A), the Sec-
line of said S 1⁄2 to the northeast corner of retary shall convey to the City of Clinton, retary shall provide to the non-Federal enti-
the W 1⁄2 NW 1⁄4 NE 1⁄4 SW 1⁄4 of said Section Missouri, all right, title, and interest of the ty, without consideration, an easement over
12; thence southerly along the east line of United States in and to the real property de- the property described in paragraph (3)(B) for
said W 1⁄2 NW 1⁄4 NE 1⁄4 SW 1⁄4 to the southeast scribed in paragraph (2). access to the conveyed property for as long
(2) PROPERTY.—The property to be con- as the non-Federal entity is in legal posses-
corner thereof; thence easterly along the
veyed is Lot 28 in Old Orchard Addition, a sion of the conveyed property.
north line of the S 1⁄2 NE 1⁄4 SW 1⁄4 of said Sec-
subdivision of the City of Clinton, Henry (3) DESCRIPTIONS OF PROPERTY.—
tion 12 to the southwest corner of the W 1⁄2
County, Missouri, containing 0.36 acres, (A) IN GENERAL.—The property referred to
NW 1⁄4 NW 1⁄4 SE 1⁄4 of said Section 12; thence
more or less, including any improvements in paragraph (2)(A) is the following (as in ex-
in a northeasterly direction to the northeast
thereon. istence on the date of enactment of this
corner of said W 1⁄2 NW 1⁄4 NW 1⁄4 SE 1⁄4 ;
(3) DEED.—The Secretary shall convey the Act):
thence easterly along the north line of said
property under this subsection by quitclaim (i) JUDGE JOSEPH BARKER, JR., HOUSE.—The
S 1⁄2 to the westerly right-of-way of the tract of land situated in the State of Ohio,
County Road; thence in a southeasterly and deed under such terms and conditions as the
Secretary determines appropriate to protect Washington County, on the Ohio River, and
southerly direction along the westerly right- 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; (i) TRI-COUNTY LEVEE DISTRICT, MIS- current Corps of Engineers access to the
thence in a northeasterly direction along the SOURI.— dredging spoil area; thence, northeasterly
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
width, lying 40 feet on each side of the fol- property described in paragraph (2). feet to a point in the southern right-of-way
lowing described line, the initial extremities (2) PROPERTY.—The property to be con- of Ohio Route 7; thence with the right-of-
of the following described strip being ex- veyed is the part of Sections 1 and 12 Town- way of said Route 7, southwesterly approxi-
tended or reduced as required to exactly ad- ship 45 North Range 6 West of the 5th P.M. in mately 485 feet to the point of beginning,
join the boundary lines which they meet, sit- Montgomery County, Missouri, described as containing approximately 3.51 acres.
uated in the S 1⁄2 of Section 12, Township 41 follows: A tract of land being 60’ wide and (ii) ROAD TRACT.—The tract of land situ-
North Range 26 West of the Fifth Principal lying South and East of and adjoining the ated in the State of Ohio, Washington Coun-
Meridian, Henry County, Missouri, more par- centerline of the existing levee and being de- ty, on the Ohio River, and being particularly
ticularly described as follows: Commencing scribed as follows: Commencing at the NW bounded and described as follows: Beginning
at the center of said Section 12, thence corner of Section 12, thence S 87° 52’ 35’’ E at a point located on the southern right-of-
Sl°24’56’’W, 1265.52 feet to a point, thence 587.4’, thence S 01° 29’ 25’’ W 453.68’ to the way line of Ohio Route 7, a new corner to the
N88°29’02’’W, 483.97 feet to the point of begin- point of the beginning; said point being in land now or formerly owned by the United
ning of the strip of land herein described; the center of the levee, thence with the cen- States of America; thence, leaving the right-
thence in a northeasterly direction along a terline of the levee N 77° 01’ 30’’ E 164.92’, of-way of said Route 7 and severing the land
curve to the right, said curve having an ini- thence N 74° 26’ 55’’ E 250.0’, thence N 72° 27’ of said United States of America and with
tial tangent bearing of N3°44’4l’’E, a radius of 55’’ E 270.0’, thence N 69° 06’ 10’’ E 300.0’, the House Parcel southeasterly 25 feet;
238.73 feet and an interior angle of 61°29’26’’, thence N 66° 42’ 15’’ E 500.0’, thence N 64° 14’ thence, northeast, running parallel to said
an arc distance of 256.21 feet to a point; 30’’ E 270.0’, thence N 61° 09’ 10’’ E 800.0’, Route 7 right-of-way, approximately 994 feet
thence N65°14’07’’E 218.58 feet to a point; thence N 60° 58’ 15’’ E 1724.45’, thence leaving to a point of deflection; thence northeasterly
thence in a northeasterly direction along a the centerline S 01° 10’ 35’’ W 69.43’, thence 368 feet to a point beyond the existing fence
curve to the left, having a radius of 674.07 parallel with the above described centerline corner; thence, east 140 feet to the edge of
feet and an interior angle of 36°00’01’’, an arc S 60° 58’ 15’’ W 1689.62’, thence S 61° 09’ 10’’ W the existing Willow Island access road;
distance of 423.53 feet to a point; thence 801.71’, thence S 64° 14’ 30’’ W 272.91’, thence thence with said access road, northwesterly
N29°14’07’’E, 417.87 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
northeasterly along a curve to the right, 303.02’, thence S 72° 27’ 55’’ W 272.8’, thence S southern right-of-way of Ohio Route 7;
having a radius of 818.51 feet and an interior 74° 26’ 55’’ W 252.39’, thence S 77° 01’ 30’’ W thence with the right-of-way of said Route 7,
angle of 14°30’01’’, an arc distance of 207.15 181.75’, thence leaving the South side of the southwesterly approximately 1,491 feet to
feet to a point; thence N43°44’07’’E, 57.00 feet levee N 01° 26’ 25’’ E 61.96’ to the point of be- the point of beginning, containing approxi-
to the southerly right-of-way line of a coun- ginning and containing 5.89 acres more or mately 1 acre.
ty road, containing 2,948 acres, more or less; less. (B) EASEMENT.—The property referred to in
Excluding therefrom a tract of land situated (3) DEED.—The Secretary shall convey the paragraph (2)(B) is the following: The tract
in the S 1⁄2 of said Section 12, said Township property under this subsection by quitclaim of land situated in the State of Ohio, Wash-
and Range, described as commencing at the deed under such terms and conditions as the ington County, on the Ohio River, and being
center of said Section 12; thence S1°24’56’’W, Secretary determines appropriate to protect particularly bounded and described as fol-
1265.52 feet to the point of beginning of the the interests of the United States. lows: Beginning at a point at the intersec-
SSpencer on DSK126QN23PROD with HOUSE
tract of land herein described; thence (4) CONSIDERATION.—The Tri-County Levee tion of the southern right-of-way of Ohio
N88°29’02’’W, 1122.50 feet; thence S1°43’26’’W, District, Missouri, shall pay to the Secretary Route 7 and the northeast side of the exist-
872.62 feet; thence S88°29’02’’E, 1337.36 feet; an amount that is not less than the fair mar- ing Willow Island access road, a new corner
thence Nl°43’26’’E, 872.62 feet; thence ket value of the property conveyed under to the land now or formerly owned by the
N88°29’02’’W, 214.86 feet to the point of begin- this subsection, as determined by the Sec- United States of America; thence, southwest,
ning, containing 26.79 acres, more or less. retary. running with said Route 7 right-of-way, ap-
The above described tract contains, in the (j) JUDGE JOSEPH BARKER, JR., HOUSE, proximately 30 feet to a point on the south-
aggregate, 177.69 acres, more or less. OHIO.— west side of the existing access road, and
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H6968 CONGRESSIONAL RECORD — HOUSE December 8, 2020
corner to the road tract; thence with said ac- (A) section 306101 of title 54, United States ing entity, without consideration, all right,
cess road and the line of the road parcel, Code; and title, and interest of the United States in
southeasterly approximately 62 feet to a (B) section 306108 of title 54, United States and to any land in which the Federal Gov-
point; thence leaving the road parcel and Code, with respect to the effects on the prop- ernment has a property interest for the Wil-
crossing the existing access road northeast- erty of dredged material placement activi- lamette Falls Locks project, together with
erly approximately 30 feet to a point located ties carried out by the Secretary after the any improvements on the land, subject to
on the northeast side of the existing access date of the conveyances. the requirements of this subsection and in
road; thence, northwesterly approximately (9) INAPPLICABILITY.—Subtitle I of title 40, accordance with the Willamette Falls Locks
62 feet, to the point of beginning, containing and chapter 4 of title 41, United States Code report.
approximately 0.04 acre. shall not apply to any conveyance or ease- (3) DEED.—The Secretary shall convey the
(4) DEED.—The Secretary shall convey the ment provided under this subsection. property under this subsection by quitclaim
property under this subsection by quitclaim (k) LEABURG FISH HATCHERY, LANE COUNTY, deed under such terms and conditions as the
deed under such terms and conditions as the OREGON.— Secretary determines appropriate to protect
Secretary determines appropriate to protect (1) CONVEYANCE AUTHORIZED.—Subject to the interests of the United States.
the provisions of this subsection, the Sec- (4) SUBJECT TO EXISTING EASEMENTS AND
the interests of the United States.
retary shall convey, without consideration, OTHER INTERESTS.—The conveyance of prop-
(5) REVERSION.—If the Secretary deter-
to the State of Oregon, acting through the erty under paragraph (2) shall be subject to
mines that the property conveyed under this
Oregon Department of Fish and Wildlife, all all existing deed reservations, easements,
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-
shall revert, at the discretion of the Sec- (5) REVERSION.—If the Secretary deter-
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
(6) REQUIREMENTS.— subsection cease to be held in public owner-
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
make such improvements and alterations to the property shall revert, at the discretion of
on the property. the Secretary, to the United States.
the property described in paragraph (3)(A)(i) (2) WATER RIGHTS.—The Secretary may
as the Secretary, in consultation with the (6) REQUIREMENTS BEFORE CONVEYANCE.—
transfer to the State of Oregon, acting
non-Federal entity and relevant stake- (A) PERPETUAL ROAD EASEMENT.—Before
through the Oregon Department of Fish and
holders, determines to be appropriate to fa- making the conveyance under paragraph (2),
Wildlife, any water rights held by the United
cilitate conveyance of the property and pro- the Secretary shall acquire a perpetual road
States that are appurtenant to the property
vision of the easement under this subsection, easement from an adjacent property owner
conveyed under this subsection.
subject to the condition that the total cost for use of an access road, which easement
(3) DEED.—The Secretary shall convey the
of those improvements and alterations un- shall convey with the property conveyed
property under this subsection by quitclaim
dertaken by the Secretary shall be not more under such paragraph.
deed under such terms and conditions as the
than $120,000. (B) ENVIRONMENTAL COMPLIANCE.—Before
Secretary determines appropriate to protect
(B) ENVIRONMENTAL ASSESSMENT.—Before making the conveyance under paragraph (2),
the interests of the United States, including
making a conveyance under paragraph (2), in accordance with the real estate appendix,
a condition that all of the property conveyed
the Secretary shall— under this subsection be used and main- the Secretary shall complete a Phase 1 Envi-
(i) conduct, with respect to the property to tained by the State of Oregon for the purpose ronmental Site Assessment pursuant to the
be conveyed, an assessment of the environ- of operating a fish hatchery in perpetuity. Comprehensive Environmental Response,
mental condition of the property, including (4) REVERSION.—If the Secretary deter- Compensation, and Liability Act of 1980 (42
an investigation of any potential hazardous, mines that the property conveyed under this U.S.C. 9601 et seq.).
toxic, or radioactive waste present on such subsection is not being used or maintained (C) HISTORIC PRESERVATION.—The Sec-
property; and by the State of Oregon for the purpose of op- retary may enter into a memorandum of
(ii) submit to the non-Federal entity a re- erating a fish hatchery in perpetuity, all or agreement with the Oregon State Historic
port describing the results of such assess- any portion of the property, including any Preservation Office and the Advisory Council
ment. water rights transferred under this sub- on Historic Preservation that identifies ac-
(C) REFUSAL BY NON-FEDERAL ENTITY.— section, shall, at the option of the Secretary, tions the Secretary shall take before making
(i) IN GENERAL.—Upon review by the non- revert to the United States. the conveyance under paragraph (2).
Federal entity of the report under subpara- (5) SAVINGS CLAUSE.—If the State of Oregon (D) REPAIRS.—Before making the convey-
graph (B), the non-Federal entity may elect does not accept the conveyance under this ance under paragraph (2), the Secretary shall
to refuse the conveyance under this sub- subsection, the Secretary may dispose of the carry out repairs to address primary seismic
section. property, including appurtenant water and safety risks in accordance with the rec-
(ii) ELECTION.—An election under clause rights, under subchapter III of chapter 5 of ommendations approved in the Willamette
(i)— title 40, United States Code. Falls Locks report.
(I) shall be at the sole discretion of the (l) WILLAMETTE FALLS LOCKS, WILLAMETTE (7) DEAUTHORIZATION.—Beginning on the
non-Federal entity; and RIVER, OREGON.— date on which the Secretary makes the con-
(II) shall be made by the non-Federal enti- (1) DEFINITIONS.—In this section: veyance under paragraph (2), the Willamette
ty by not later than the date that is 30 days (A) REAL ESTATE APPENDIX.—The term Falls Locks project is no longer authorized.
after the date of submission of the report ‘‘real estate appendix’’ means Appendix A of SEC. 357. LAKE EUFAULA ADVISORY COMMITTEE.
under subparagraph (B)(ii). the document published by the District Com- Section 3133(b) of the Water Resources De-
(D) DREDGED MATERIAL PLACEMENT ACTIVI- mander of the Portland District of the Corps velopment Act of 2007 (121 Stat. 1141) is
TIES.—The Secretary shall— of Engineers, titled ‘‘Willamette Falls Locks amended by adding at the end the following:
(i) notify and coordinate with the non-Fed- Willamette River Oregon Section 216 Dis- ‘‘(5) TERMINATION.—The committee shall
eral entity and relevant stakeholders before position Study with Integrated Environ- terminate on the date that is 30 days after
carrying out any dredged material place- mental Assessment’’. the date on which the committee submits
ment activities associated with the property (B) RECEIVING ENTITY.—The term ‘‘receiv- final recommendations to the Secretary.’’.
described in paragraph (3)(A) after the date ing entity’’ means an entity identified by the
on which such property is conveyed under State of Oregon, in consultation with the SEC. 358. REPEAL OF MISSOURI RIVER TASK
FORCE, NORTH DAKOTA.
this subsection; and Willamette Falls Locks Commission, to re-
(ii) in carrying out a dredged material ceive the conveyance under paragraph (2). (a) IN GENERAL.—Section 705 of the Water
placement activity under clause (i), act in (C) WILLAMETTE FALLS LOCKS PROJECT.— Resources Development Act of 2000 (114 Stat.
accordance with Engineer Manual EM 1110–2– The term ‘‘Willamette Falls Locks project’’ 2696) is repealed.
5025 (or a subsequent version of that man- means the project for navigation, Willamette (b) CONFORMING AMENDMENTS.—
ual). Falls Locks, Willamette River, Oregon, au- (1) PURPOSES.—Section 702(b)(3) of the
(7) RESERVATION OF RIGHTS.—The Secretary thorized by the Act of June 25, 1910 (36 Stat. Water Resources Development Act of 2000
may reserve and retain from any conveyance 664, chapter 382). (114 Stat. 2695) is amended by inserting ‘‘pre-
under this subsection a right-of-way or any (D) WILLAMETTE FALLS LOCKS REPORT.—The pared under section 705(e) (as in effect on the
other right that the Secretary determines to term ‘‘Willamette Falls Locks report’’ day before the date of enactment of the
SSpencer on DSK126QN23PROD with HOUSE
be necessary for the operation and mainte- means the memorandum of the Director of Water Resources Development Act of 2020)’’
nance of the authorized Federal channel Civil Works with the subject ‘‘Willamette before the period at the end.
along the Ohio River. Falls Locks (WFL), Willamette River Oregon (2) DEFINITIONS.—Section 703 of the Water
(8) TREATMENT.—Conveyance to the non- Section 216 Disposition Study with Inte- Resources Development Act of 2000 (114 Stat.
Federal entity under this subsection of prop- grated Environmental Assessment (Study)’’, 2695) is amended—
erty described in paragraph (3)(A)(i) shall dated July 11, 2019. (A) by striking paragraphs (2) and (4); and
satisfy all obligations of the Secretary with (2) CONVEYANCE AUTHORIZED.—The Sec- (B) by redesignating paragraphs (3) and (5)
respect to such property under— retary is authorized to convey to the receiv- as paragraphs (2) and (3), respectively.
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December 8, 2020 CONGRESSIONAL RECORD — HOUSE H6969
SEC. 359. REPEAL OF MISSOURI RIVER TASK (1) in subsection (b), by striking paragraph the item relating to such section in the table
FORCE, SOUTH DAKOTA. (2) and redesignating paragraph (3) as para- of contents, are repealed.
(a) IN GENERAL.—Section 905 of the Water graph (2); and (g) Section 1301 of the Water Resources De-
Resources Development Act of 2000 (114 Stat. (2) by striking subsection (c). velopment Act of 2018 (33 U.S.C. 579d–1), and
2709) is repealed. (c) Section 1001 of the Water Resources Re- the item relating to such section in the table
form and Development Act of 2014 (33 U.S.C. of contents, are repealed.
(b) CONFORMING AMENDMENTS.—
2282c) is amended—
(1) PURPOSES.—Section 902(b)(3) of the (h) Section 1302 of the Water Resources De-
(1) in subsection (d)—
Water Resources Development Act of 2000 velopment Act of 2018 (33 U.S.C. 579c–2), and
(A) in paragraph (1), by striking ‘‘Notwith-
(114 Stat. 2708) is amended by inserting ‘‘pre- the item relating to such section in the table
standing the requirements of subsection (c),
pared under section 905(e) (as in effect on the of contents, are repealed.
the Secretary’’ and inserting ‘‘The Sec-
day before the date of enactment of the retary’’; TITLE IV—WATER RESOURCES
Water Resources Development Act of 2020)’’ (B) by striking ‘‘subsections (a) and (c)’’ INFRASTRUCTURE
before the period at the end. each place it appears and inserting ‘‘sub-
(2) DEFINITIONS.—Section 903 of the Water SEC. 401. PROJECT AUTHORIZATIONS.
section (a)’’; and
Resources Development Act of 2000 (114 Stat. The following projects for water resources
(C) by striking paragraph (4); and
2708) is amended— development and conservation and other pur-
(2) by striking subsection (c) and redesig-
(A) by striking paragraphs (2) and (4); and poses, as identified in the reports titled ‘‘Re-
nating subsections (d) through (g) as sub-
(B) by redesignating paragraphs (3) and (5) port to Congress on Future Water Resources
sections (c) through (f), respectively.
as paragraphs (2) and (3), respectively. (d) Section 6003 of the Water Resources Re- Development’’ submitted to Congress pursu-
SEC. 360. CONFORMING AMENDMENTS. form and Development Act of 2014 (33 U.S.C. ant to section 7001 of the Water Resources
579c), and the item relating to such section Reform and Development Act of 2014 (33
(a) Section 710 of the Water Resources De- U.S.C. 2282d) or otherwise reviewed by Con-
in the table of contents, are repealed.
velopment Act of 1986 (33 U.S.C. 2264), and (e) Section 1301 of the Water Resources De- gress, are authorized to be carried out by the
the item relating to such section in the table velopment Act of 2016 (33 U.S.C. 579d), and Secretary substantially in accordance with
of contents, are repealed. the item relating to such section in the table the plans, and subject to the conditions, de-
(b) Section 1001 of the Water Resources De- of contents, are repealed. scribed in the respective reports or decision
velopment Act of 1986 (33 U.S.C. 579a) is (f) Section 1302 of the Water Resources De- documents designated in this section:
amended— velopment Act of 2016 (33 U.S.C. 579c–1), and (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: $378,908,000
Non-Federal: $126,325,000
Total: $505,233,000
2. AK St. George Harbor Improvement, August 13, 2020 Federal: $147,874,000
St. George Non-Federal: $16,508,000
Total: $164,382,000
3. AK Unalaska (Dutch Harbor) Channels February 7, 2020 Federal: $26,967,000
Non-Federal: $8,989,000
Total: $35,956,000
4. CT New Haven Harbor Navigation Im- May 7, 2020 Federal: $55,250,000
provement Project Non-Federal: $19,442,000
Total: $74,692,000
5. NY, NJ New York and New Jersey Harbor April 23, 2020 Federal: $19,550,000
Anchorages Non-Federal: $6,520,000
Total: $26,070,000
6. TX Gulf Intracoastal Waterway, Brazos October 23, 2019 Total: $414,144,000
River Floodgates and Colorado
River Locks
7. TX Houston Ship Channel Expansion April 23, 2020 Federal: $625,204,000
Channel Improvement Project, Non-Federal: $260,431,000
Harris, Chambers, and Galveston Total: $885,635,000
Counties
8. TX Matagorda Ship Channel Improve- November 15, 2019 Federal: $140,156,000
ment Project, Port Lavaca Non-Federal: $80,500,000
Total: $220,656,000
9. VA Atlantic Intracoastal Waterway, August 25, 2020 Federal: $102,755,000
North Landing Bridge Replace- Non-Federal: $0
ment Total: $102,755,000
(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: $54,260,000
SSpencer on DSK126QN23PROD with HOUSE
Navajo County Non-Federal: $29,217,000
Total: $83,477,000
2. CA Westminster, East Garden Grove, July 9, 2020 Federal: $324,905,000
California Flood Risk Manage- Non-Federal: $940,191,000
ment Total: $1,265,096,000
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H6970 CONGRESSIONAL RECORD — HOUSE December 8, 2020
C. D.
B. Date of
A. State Estimated
Name Report of Costs
Chief of Engineers
3. CT, NY Westchester County Streams, May 7, 2020 Federal: $15,199,000
Byram River Basin, Fairfield Non-Federal: $15,199,000
County, Connecticut, and West- Total: $30,397,000
chester County, New York
4. KY Louisville Metropolitan Flood Pro- October 27, 2020 Federal: $122,170,000
tection System Reconstruction, Non-Federal: $65,917,000
Jefferson and Bullitt Counties Total: $188,087,000
5. ND Souris River Basin Flood Risk April 16, 2019 Federal: $59,582,915
Management Non-Federal: $32,364,085
Total: $91,947,000
6. NJ Peckman River Basin April 29, 2020 Federal: $98,137,000
Non-Federal: $52,843,000
Total: $150,980,000
7. NM Middle Rio Grande Flood Protec- March 13, 2020 Federal: $201,944,451
tion, Bernalillo to Belen Non-Federal: $108,740,000
Total: $310,684,000
8. OK Tulsa and West-Tulsa Levee Sys- April 23, 2020 Federal: $89,311,000
tem, Tulsa County Non-Federal: $48,091,000
Total: $137,402,000
9. PR Rio Culebrinas at Aguiadilla and August 17, 2020 Federal: $17,295,600
Aguada Non-Federal: $8,568,400
Total: $25,864,000
10. PR Rio Guayanilla Flood Risk Manage- August 13, 2020 Federal: $103,422,000
ment, Guayanilla Non-Federal: $55,689,000
Total: $159,111,000
11. PR Rio Grande de Manati Flood Risk November 18, 2020 Federal: $9,770,000
Management, Ciales Non-Federal: $4,520,000
Total: $14,290,000
12. USVI Savan Gut, St. Thomas August 24, 2020 Federal: $48,658,100
Non-Federal: $25,455,900
Total: $74,114,000
13. USVI Turpentine Run, St. Thomas August 17, 2020 Federal: $29,817,850
Non-Federal: $15,311,150
Total: $45,129,000
(3) HURRICANE AND STORM DAMAGE RISK RE-
DUCTION.—
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: $66,464,000
Material for the Delaware River Initial Non-Federal: $35,789,000
Total: $102,253,000
Renourishment Federal: $120,023,000
Renourishment Non-Federal: $120,023,000
Renourishment Total: $240,046,000
2. NJ New Jersey Beneficial Use of April 8, 2020 Initial Federal: $84,071,000
Dredged Material for the Dela- Initial Non-Federal: $45,270,000
ware River Total: $129,341,000
Renourishment Federal: $85,495,000
Renourishment Non-Federal: $85,495,000
Renourishment Total: $170,990,000
3. NJ Rahway River Basin, New Jersey June 9, 2020 Federal: $48,322,000
Coastal Storm Risk Management Non-Federal: $26,020,000
Total: $74,342,000
4. NJ Raritan Bay and Sandy Hook Bay, August 25, 2020 Federal: $107,680,000
Highlands Non-Federal: $57,981,000
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Total: $165,661,000
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December 8, 2020 CONGRESSIONAL RECORD — HOUSE H6971
C.
Date of D.
B.
A. State Report of Estimated
Name Chief of Costs
Engineers
5. NY East Rockaway Inlet to Rockaway August 22, 2019 Initial Federal: $638,460,000
Inlet and Jamaica Bay, Atlantic Initial Non-Federal: $0
Coast of New York Total: $638,460,000
Renourishment Federal: $200,924,000
Renourishment Non-Federal: $200,924,000
Renourishment Total: $401,847,000
6. NY Fire Island Inlet to Montauk Point, July 9, 2020 Initial Federal: $1,576,790,000
New York Reformulation Initial Non-Federal: $0
Total: $1,576,790,000
Renourishment Federal: $767,695,000
Renourishment Non-Federal: $767,695,000
Renourishment Total: $1,535,390,000
7. NY Hashamomuck Cove Coastal Storm December 9, 2019 Initial Federal: $11,920,000
Risk Management Initial Non-Federal: $6,418,000
Total: $18,338,000
Renourishment Federal: $24,237,000
Renourishment Non-Federal: $24,237,000
Renourishment Total: $48,474,000
8. RI Pawcatuck River Coastal Storm December 19, 2018 Federal: $37,679,000
Risk Management Project Non-Federal: $20,289,000
Total: $57,968,000
9. VA Norfolk Coastal Storm Risk Man- February 5, 2019 Federal: $942,920,000
agement Non-Federal: $507,730,000
Total: $1,450,650,000
(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: $344,076,000
Adams and Denver Counties Non-Federal: $206,197,000
Total: $550,273,000
(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: $17,251,000
Non-Federal: $9,289,000
Total: $26,540,000
2. CA Malibu Creek Ecosystem Restora- November 13, 2020 Federal: $172,249,000
tion, Los Angeles and Ventura Non-Federal: $106,960,000
Counties Total: $279,209,000
3. CA Yuba River Ecosystem Restoration June 20, 2019 Federal: $66,975,000
Non-Federal: $36,064,000
Total: $103,039,000
4. CO, NM, Rio Grande, Environmental Man- August 5, 2019 Federal: $16,998,000
TX agement Program, Sandia Pueblo Non-Federal: $9,153,000
to Isleta Pueblo, New Mexico, Total: $26,151,000
Ecosystem Restoration
5. FL Comprehensive Everglades Restora- April 8, 2020 Federal: $379,583,000
tion Plan, Loxahatchee River Wa- Non-Federal: $375,737,000
tershed Restoration Project, Mar- Total: $755,320,000
tin and Palm Beach Counties
6. IA, MO Grand River Basin Ecosystem Res- November 18, 2020 Federal: $78,876,000
toration Non-Federal: $42,471,000
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Total: $121,347,000
7. IL The Great Lakes and Mississippi May 23, 2019 Federal: $557,730,550
River Interbasin Study - Brandon Non-Federal: $300,316,450
Road, Will County Total: $858,047,000
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H6972 CONGRESSIONAL RECORD — HOUSE December 8, 2020
C. D.
B. Date of
A. State Estimated
Name Report of Costs
Chief of Engineers
8. 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
9. MD Anacostia Watershed Restoration, December 19, 2018 Federal: $25,866,750
Prince George’s County Non-Federal: $13,928,250
Total: $39,795,000
10. MO St. Louis Riverfront- Meramec November 1, 2019 Federal: $61,362,893
River Basin Ecosystem Restora- Non-Federal: $33,042,107
tion Total: $94,405,000
11. NY, NJ Hudson-Raritan Estuary Ecosystem May 26, 2020 Federal: $273,933,000
Restoration Non-Federal: $147,502,000
Total: $421,435,000
12. NY Hudson River Habitat Restoration November 19, 2020 Federal: $33,479,000
Non-Federal: $11,159,000
Total: $44,638,000
13. TX Jefferson County Ecosystem Res- September 12, 2019 Federal: $38,942,000
toration Non-Federal: $20,969,000
Total: $59,911,000
(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. CA San Luis Rey Flood Control July 24, 2020 Federal: $143,407,500
Project, San Diego County Non-Federal: $47,802,500
Total: $191,210,000
2. FL Caloosahatchee River West Basin July 24, 2020 Federal: $514,999,000
Storage Reservoir (C-43 WBSR) Non-Federal: $514,999,000
Total: $1,029,998,000
3. FL Central and Southern Florida, September 15, 2020 Federal: $66,736,500
Canal 111 (C-111) South Dade Non-Federal: $66,736,500
Project Total: $133,473,000
4. KY Kentucky Lock June 9, 2020 Total: $1,166,809,000
5. NC Carolina Beach Integrated Beach June 16, 2020 Federal: $25,125,000
Renourishment Non-Federal: $25,125,000
Total: $50,250,000
6. NC Wrightsville Beach July 2, 2020 Federal: $60,068,000
Non-Federal: $18,486,000
Total: $78,554,000
Renourishment Federal: $18,918,900
Renourishment Non-Federal: $10,187,100
Renourishment Total: $29,106,000
7. TX Corpus Christi Ship Channel, Deep- May 4, 2020 Federal: $406,343,000
ening and Widening and Barge Non-Federal: $275,274,000
Shelves Total: $681,617,000
8. VA Atlantic Intracoastal Waterway October 19, 2020 Federal: $59,500,000
Deep Creek Bridge Replacement Non-Federal: $0
Total: $59,500,000
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SEC. 402. SPECIAL RULES. Great Lakes and Mississippi River Interbasin Chief of Engineers, dated May 23, 2019, with
(a) GREAT LAKES AND MISSISSIPPI RIVER project, Brandon Road, Will County, Illinois, the following modifications:
INTERBASIN PROJECT, BRANDON ROAD, WILL authorized by section 401 of this Act, sub- (1) The Federal share of the cost of con-
COUNTY, ILLINOIS.—The Secretary shall carry stantially in accordance with the terms and struction shall be 80 percent.
out the project for ecosystem restoration, conditions described in the Report of the
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December 8, 2020 CONGRESSIONAL RECORD — HOUSE H6973
(2) The Secretary may include the addition and at an estimated total cost of $97,958,972 cific efforts at federally authorized water re-
or substitution of technologies or measures for periodic nourishment over the 50-year life sources development projects located in—
not described in the report, as the Secretary of the project. (1) high-altitude lakes; and
determines to be advisable. (2) BAPTISTE COLLETTE BAYOU, LOUISIANA.— (2) the Tennessee and Cumberland River
(b) EAST ROCKAWAY INLET TO ROCKAWAY The project for navigation, Baptiste Collette basins.
INLET AND JAMAICA BAY REFORMULATION, Bayou, Louisiana, as described in the review SEC. 502. AQUATIC INVASIVE SPECIES RE-
NEW YORK.—The project for hurricane and assessment of the Secretary, titled ‘‘Review SEARCH.
storm damage reduction, East Rockaway Assessment of Plaquemines Parish Govern- Section 1108 of the Water Resources Devel-
Inlet to Rockaway Inlet and Jamaica Bay, ment’s Section 203 Study Baptiste Collette opment Act of 2018 (33 U.S.C. 2263a) is amend-
Atlantic Coast of New York, authorized by Bayou Navigation Channel Deepening ed—
section 401 of this Act, shall be considered to Project Integrated Feasibility Study and En- (1) in subsection (a)—
be a continuation of the interim response to vironmental Assessment (January 2017, (A) by striking ‘‘management’’ and insert-
the authorization by the House of Represent- Amended April 2018)’’ and dated June 2018, at ing ‘‘prevention, management,’’; and
atives dated September 20, 1997, and the au- a total cost of $44,920,000. (B) by inserting ‘‘, elodea, quagga mus-
thorization under the heading ‘‘Department (3) HOUMA NAVIGATION CANAL, LOUISIANA.— sels,’’ after ‘‘Asian carp’’; and
of the Army—Corps of Engineers—Civil— The project for navigation, Houma Naviga- (2) in subsection (b)—
Construction’’ under chapter 4 of title X of tion Canal, Louisiana, as described in the re- (A) by inserting ‘‘or could be impacted in
the Disaster Relief Appropriations Act, 2013 view assessment of the Secretary, titled ‘‘Re- the future’’ after ‘‘impacted’’; and
(127 Stat. 24). view Assessment of Houma Navigation Canal (B) by striking ‘‘Pacific’’ and all that fol-
(c) TULSA AND WEST-TULSA LEVEE SYSTEM, Deepening Project Section 203 Integrated lows through the period at the end and in-
TULSA COUNTY, OKLAHOMA.—For the project Feasibility Report and DRAFT Environ- serting ‘‘Pacific, Arctic, and Gulf Coasts, the
for flood risk management, Tulsa and West- mental Impact Statement (June 2018)’’ and Great Lakes, and reservoirs operated and
Tulsa Levee System, Tulsa County, Okla- dated July 2018, at a total cost of $253,458,000. maintained by the Secretary.’’.
homa, authorized by section 401 of this Act, (4) PORT FOURCHON BELLE PASS CHANNEL, SEC. 503. TERRESTRIAL NOXIOUS WEED CON-
the non-Federal contribution for the project LOUISIANA.—The project for navigation, Port TROL PILOT PROGRAM.
shall be financed over a period of 30 years Fourchon Belle Pass Channel, Louisiana, as (a) IN GENERAL.—The Secretary shall carry
from the date of completion of the project, in described in the review assessment of the out a pilot program, in consultation with the
accordance with section 103(k) of the Water Secretary, titled ‘‘Review Assessment of Federal Interagency Committee for the Man-
Resources Development Act of 1986 (33 U.S.C. Port Fourchon Belle Pass Channel Deepening agement of Noxious and Exotic Weeds, to
2213(k)). Project Section 203 Feasibility Study (Janu-
(d) WILLAMETTE RIVER BASIN REVIEW RE- identify and develop new and improved strat-
ary 2019, revised January 2020)’’ and dated egies for terrestrial noxious weed control on
ALLOCATION STUDY.—The Secretary shall April 2020, at a total cost of $95,483,000.
carry out the project for water supply, Wil- Federal land under the jurisdiction of the
(5) WILMINGTON HARBOR, NORTH CAROLINA.— Secretary.
lamette River Basin Review Reallocation, The project for navigation, Wilmington Har-
Oregon, authorized by section 401 of this Act, (b) PARTNERSHIPS.—In carrying out the
bor, North Carolina, as described in the re- pilot program under subsection (a), the Sec-
substantially in accordance with the terms view assessment of the Secretary, titled ‘‘Re-
and conditions described in the Report of the retary shall act in partnership with such
view Assessment of Wilmington Harbor, other individuals and entities as the Sec-
Chief of Engineers, dated December 18, 2019, North Carolina Navigation Improvement
with the following modifications: retary determines to be appropriate.
Project Integrated Section 203 Study & Envi- (c) COOPERATIVE AGREEMENTS.—The Sec-
(1) The Secretary shall meet the obliga- ronmental Report (February 2020)’’ and dated
tions of the Corps of Engineers under the En- retary may utilize cooperative agreements
May 2020, at a total cost of $834,093,000. with county and State agencies for the im-
dangered Species Act of 1973 by complying (6) CHACON CREEK, TEXAS.—The project for
with the June 2019 NMFS Willamette Basin plementation of the pilot program under sub-
flood risk management, ecosystem restora- section (a).
Review Study Biological Opinion Reasonable tion, and other purposes, Chacon Creek,
and Prudent Alternative until such time, if (d) REPORT TO CONGRESS.—Not later than 2
Texas, as described in the review assessment years after the date of enactment of this
any, as it is modified or replaced, in whole or of the Secretary, titled ‘‘Review Assessment
in part, through the consultation process Act, the Secretary shall provide to the Com-
of Chacon Creek, Texas Section 203 Inte- mittee on Environment and Public Works of
under section 7(a) of the Endangered Species grated Feasibility Report and DRAFT Envi-
Act of 1973. the Senate and the Committee on Transpor-
ronmental Assessment (August 2018)’’ and tation and Infrastructure of the House of
(2) The Secretary may reallocate not more dated September 2018, at a total cost of
than 10 percent of overall storage in the Representatives a report describing the new
$51,973,000. and improved strategies developed through
joint conservation pool, as authorized by (b) REQUIREMENTS.—The Secretary may
this Act and without further congressional the pilot program under subsection (a).
only carry out a project authorized under SEC. 504. INVASIVE SPECIES RISK ASSESSMENT,
action, if such reallocation is consistent subsection (a)— PRIORITIZATION, AND MANAGE-
with the ongoing consultation under section (1) substantially in accordance with the ap- MENT.
7(a) of the Endangered Species Act of 1973 re- plicable review assessment for the project
lated to Willamette Valley System oper- Section 528(f)(2) of the Water Resources De-
submitted by the Secretary under section velopment Act of 1996 (110 Stat. 3771) is
ations. 203(c) of the Water Resources Development
(3) The Secretary shall ensure that the re- amended—
Act of 1986, as identified in subsection (a) of (1) by redesignating subparagraphs (I) and
vised reallocation is not reallocated from a this section, and subject to such modifica-
single storage use, does not seriously affect (J) as subparagraphs (J) and (K), respec-
tions or conditions as the Secretary con- tively;
authorized project purposes, and does not siders appropriate and identifies in a final
otherwise involve major operational changes (2) by inserting after subparagraph (H) the
assessment that addresses the concerns, rec- following:
to the project. ommendations, and conditions identified by
(e) CANO MARTIN PENA, SAN JUAN, PUERTO ‘‘(I) shall, using existing amounts appro-
the Secretary in the applicable review as- priated to the Task Force, develop and up-
RICO.—Section 5127 of the Water Resources sessment; and
Development Act of 2007 (121 Stat. 1242) is date, as appropriate, a priority list of
(2) after the Secretary transmits to the invasive species that—
amended by striking ‘‘$150,000,000’’ and in- Committee on Transportation and Infra-
serting ‘‘$255,816,000’’. ‘‘(i) reflects an assessment of ecological
structure of the House of Representatives risk that the listed invasive species rep-
SEC. 403. AUTHORIZATION OF PROJECTS BASED and the Committee on Environment and
ON FEASIBILITY STUDIES PRE- resent;
PARED BY NON-FEDERAL INTER-
Public Works of the Senate such final assess- ‘‘(ii) includes populations of invasive
ESTS. ment. plants and animals that—
(a) IN GENERAL.—The Secretary is author- TITLE V—OTHER MATTERS ‘‘(I) are significantly impacting the struc-
ized to carry out the following projects for SEC. 501. UPDATE ON INVASIVE SPECIES POLICY ture and function of ecological communities,
water resources development and conserva- GUIDANCE. native species, or habitat within the South
tion and other purposes, subject to sub- (a) IN GENERAL.—The Secretary shall peri- Florida ecosystem; or
section (b): odically update the Invasive Species Policy ‘‘(II) demonstrate a strong potential to re-
(1) FORT PIERCE, ST. LUCIE COUNTY, FLOR- Guidance, developed under section 104 of the duce, obscure, or otherwise alter key indica-
IDA.—The project for hurricane and storm River and Harbor Act of 1958 (33 U.S.C. 610) tors used to measure Everglades restoration
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damage reduction, Fort Pierce, St. Lucie and the Nonindigenous Aquatic Nuisance progress; and
County, Florida, as described in the review Prevention and Control Act of 1990 (16 U.S.C. ‘‘(iii) shall be used by the Task Force and
assessment of the Secretary, titled ‘‘Review 4701 et seq.), in accordance with the most re- agencies and entities represented on the
Assessment of St. Lucie County, Florida cent National Invasive Species Council Man- Task Force to focus cooperative and collabo-
Fort Pierce Shore Protection Project Sec- agement Plan developed pursuant to Execu- rative efforts—
tion 203 Integrated Feasibility Study and En- tive Order 13112. ‘‘(I) to guide applied research;
vironmental Assessment (June 2018)’’ and (b) INCLUSION.—The Secretary may include ‘‘(II) to develop innovative strategies and
dated July 2018, at a total cost of $33,107,639, in the updated guidance invasive species spe- tools to facilitate improved management,
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H6974 CONGRESSIONAL RECORD — HOUSE December 8, 2020
control, or eradication of listed invasive spe- the Governors and entities described in para- ‘‘(i) ELIGIBLE ENTITY.—The term ‘eligible
cies; graph (3).’’; entity’ means a partnership between or
‘‘(III) to implement specific management, (C) in paragraph (3)(A), by striking ‘‘(iii)’’ among 2 or more entities that—
control, or eradication activities at the ap- and inserting ‘‘(v)’’; and ‘‘(I) includes—
propriate periodicity and intensity necessary (D) by striking ‘‘watercraft inspection sta- ‘‘(aa) at least 1 flood control district; and
to reduce or neutralize the impacts of listed tions’’ each place it appears and inserting ‘‘(bb) at least 1 city, county, township,
invasive species, including the use of quali- ‘‘watercraft inspection and decontamination town, borough, parish, village, or other gen-
fied skilled volunteers when appropriate; and stations’’; and eral purpose political subdivision of a State
‘‘(IV) to develop innovative strategies and (3) by adding at the end the following: or Indian Tribe (as defined in section 4 of the
tools to prevent future introductions of non- ‘‘(f) INVASIVE SPECIES MANAGEMENT PILOT Indian Self-Determination and Education
native species;’’; PROGRAM.— Assistance Act (25 U.S.C. 5304)); and
(3) in subparagraph (J) (as so redesignated), ‘‘(1) DEFINITION OF INVASIVE SPECIES.—In ‘‘(II) may include any other entity (such as
by striking ‘‘ecosystem’’ and inserting ‘‘eco- this subsection, the term ‘invasive species’ a nonprofit organization or institution of
system, including the activities described in has the meaning given the term in section 1 higher education), as determined by the Sec-
subparagraph (I)’’; and of Executive Order 13112 (64 Fed. Reg. 6183; retary.
(4) in clause (i) of subparagraph (K) (as so relating to invasive species (February 3, ‘‘(ii) INVASIVE PLANT SPECIES.—The term
redesignated), by inserting ‘‘, including the 1999)) (as amended by section 2 of Executive ‘invasive plant species’ means a plant that is
priority list under subparagraph (I) and the Order 13751 (81 Fed. Reg. 88609; relating to nonnative to the ecosystem under consider-
activities described in that subparagraph’’ safeguarding the Nation from the impacts of ation, the introduction of which causes or is
after ‘‘Task Force’’. invasive species (December 5, 2016))). likely to cause economic harm or harm to
SEC. 505. INVASIVE SPECIES MITIGATION AND ‘‘(2) DEVELOPMENT OF PLANS.—The Sec- human health.
REDUCTION. retary, in coordination with the Aquatic ‘‘(B) PILOT PROGRAM.—The Secretary of the
Nuisance Species Task Force, shall carry out Interior, acting through the Director of the
Section 104 of the River and Harbor Act of
a pilot program under which the Secretary United States Fish and Wildlife Service,
1958 (33 U.S.C. 610) is amended—
shall collaborate with States in the Upper shall establish a pilot program under which
(1) in subsection (b)—
such Secretary shall work with eligible enti-
(A) in paragraph (1)— Missouri River Basin in developing vol-
ties to carry out activities—
(i) in the matter preceding subparagraph untary aquatic invasive species management
‘‘(i) to remove invasive plant species in ri-
(A), by striking ‘‘this section $110,000,000’’ plans to mitigate the effects of invasive spe-
parian areas that contribute to drought con-
and inserting ‘‘this section (except for sub- cies on public infrastructure facilities lo-
ditions in—
sections (f) and (g)) $130,000,000’’; cated on reservoirs of the Corps of Engineers
‘‘(I) the Lower Colorado River Basin;
(ii) in subparagraph (B), by striking ‘‘and’’ in those States.
‘‘(II) the Rio Grande River Basin;
at the end; ‘‘(3) MANAGEMENT PLAN.—
‘‘(III) the Texas Gulf Coast Basin; and
(iii) in subparagraph (C), by striking the ‘‘(A) IN GENERAL.—The Secretary, in con-
‘‘(IV) the Arkansas-White-Red Basin;
period at the end and inserting a semicolon; sultation with the Governor of each State in
‘‘(ii) where appropriate, to replace the
and the Upper Missouri River Basin that elects
invasive plant species described in clause (i)
(iv) by adding at the end the following: to participate in the pilot program, shall with ecologically suitable native species; and
‘‘(D) $30,000,000 shall be made available to prepare a management plan, or update or ex- ‘‘(iii) to maintain and monitor riparian
carry out subsection (d)(1)(A)(iv); and pand an existing plan, for each participating areas in which activities are carried out
‘‘(E) $10,000,000 shall be made available to State that identifies public infrastructure under clauses (i) and (ii).
carry out subsection (d)(1)(A)(v).’’; facilities located on reservoirs of the Corps ‘‘(C) REPORT TO CONGRESS.—Not later than
(B) by redesignating paragraph (2) as para- of Engineers in those States that— 18 months after the date of enactment of this
graph (3); ‘‘(i) are affected by aquatic invasive spe- subsection, the Secretary of the Interior,
(C) by inserting after paragraph (1) the fol- cies; and acting through the Director of the United
lowing: ‘‘(ii) need financial and technical assist- States Fish and Wildlife Service, shall sub-
‘‘(2) OTHER PROGRAMS.— ance in order to maintain operations. mit to the Committee on Environment and
‘‘(A) IN GENERAL.—There are authorized to ‘‘(B) USE OF EXISTING PLANS.—In developing Public Works of the Senate and the Com-
be appropriated— a management plan under subparagraph (A), mittee on Transportation and Infrastructure
‘‘(i) $10,000,000 for each of fiscal years 2021 the Secretary shall consider a management of the House of Representatives a report de-
through 2024 to carry out subsection (f); and plan submitted by a participating State scribing the implementation of the pilot pro-
‘‘(ii) $50,000,000 for each of fiscal years 2021 under section 1204(a) of the Nonindigenous gram.
through 2024 to carry out subsection (g)(2). Aquatic Nuisance Prevention and Control ‘‘(D) TERMINATION OF AUTHORITY.—The au-
‘‘(B) INVASIVE PLANT SPECIES PILOT PRO- Act of 1990 (16 U.S.C. 4724(a)). thority provided under this paragraph shall
GRAM.—There is authorized to be appro- ‘‘(4) TERMINATION OF AUTHORITY.—The au- terminate on September 30, 2024.
priated to the Secretary of the Interior, act- thority provided under this subsection shall ‘‘(4) COST SHARE.—The Federal share of an
ing through the Director of the United terminate on September 30, 2024. action carried out under a partnership under
States Fish and Wildlife Service, $10,000,000 ‘‘(g) INVASIVE SPECIES PREVENTION, CON- paragraph (2) or an activity carried out
to carry out subsection (g)(3).’’; and TROL, AND ERADICATION.— under the pilot program under paragraph (3)
(D) in paragraph (3) (as so redesignated), by ‘‘(1) DEFINITION OF INVASIVE SPECIES.—In shall not exceed 80 percent of the total cost
inserting ‘‘or (2)(A)’’ after ‘‘paragraph (1)’’; this subsection, the term ‘invasive species’ of the action or activity.’’.
(2) in subsection (d)— has the meaning given the term in section 1 SEC. 506. AQUATIC INVASIVE SPECIES PREVEN-
(A) in the subsection heading, by inserting of Executive Order 13112 (64 Fed. Reg. 6183; TION.
‘‘AND DECONTAMINATION’’ after ‘‘INSPECTION’’; relating to invasive species (February 3, Section 1039(b) of the Water Resources Re-
(B) in paragraph (1)— 1999)) (as amended by section 2 of Executive form and Development Act of 2014 (16 U.S.C.
(i) in subparagraph (A)— Order 13751 (81 Fed. Reg. 88609; relating to 4701 note) is amended—
(I) in the subparagraph heading, by insert- safeguarding the Nation from the impacts of (1) in paragraph (1)—
ing ‘‘AND DECONTAMINATION’’ after ‘‘INSPEC- invasive species (December 5, 2016))). (A) in the paragraph heading, by striking
TION’’; ‘‘(2) INVASIVE SPECIES PARTNERSHIPS.— ‘‘UPPER MISSISSIPPI AND OHIO RIVER BASINS
(II) in clause (ii), by striking ‘‘and’’ at the ‘‘(A) IN GENERAL.—The Secretary may AND TRIBUTARIES’’ and inserting ‘‘MISSISSIPPI
end; enter into partnerships with applicable RIVER AND TRIBUTARIES, INCLUDING SUB-BA-
(III) in clause (iii), by striking ‘‘Arizona States and other Federal agencies to carry SINS’’;
River Basins.’’ and inserting ‘‘Arkansas out actions to prevent the introduction of, (B) in subparagraph (A), by striking
River Basins;’’; and control, or eradicate, to the maximum ex- ‘‘Upper Mississippi and Ohio River basins
(IV) by adding at the end the following: tent practicable, invasive species that ad- and tributaries’’ and inserting ‘‘Mississippi
‘‘(iv) to protect the Russian River Basin, versely impact water quantity or water qual- River and tributaries, including the 6 sub-ba-
California; and ity in the Platte River Basin, the Upper Col- sins of the River,’’; and
‘‘(v) to protect basins and watersheds that orado River Basin, the Upper Snake River (C) in subparagraph (B), by striking ‘‘and
adjoin an international border between the Basin, and the Upper Missouri River Basin. the document prepared’’ and all that follows
United States and Canada.’’; and ‘‘(B) PRIORITIZATION.—In selecting actions through ‘‘February 2012.’’ and inserting ‘‘the
(ii) by striking subparagraph (B) and in- to carry out under a partnership under sub- Mississippi River Basin Asian Carp Control
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serting the following: paragraph (A), the Secretary shall give pri- Strategy Framework, and the Asian Carp
‘‘(B) LOCATIONS.—The Secretary shall place ority to projects that are intended to control Regional Coordinating Committee’s Asian
watercraft inspection and decontamination or eradicate the Russian olive (Elaeagnus Carp Action Plan.’’; and
stations under subparagraph (A) at locations angustifolia) or saltcedar (of the genus (2) in paragraph (2)—
with the highest likelihood of preventing the Tamarix). (A) in subparagraph (A)—
spread of aquatic invasive species into and ‘‘(3) INVASIVE PLANT SPECIES PILOT PRO- (i) by striking ‘‘December 31 of each year’’
out of waters of the United States, as deter- GRAM.— and inserting ‘‘December 31, 2020, and bienni-
mined by the Secretary in consultation with ‘‘(A) DEFINITIONS.—In this paragraph: ally thereafter’’; and
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December 8, 2020 CONGRESSIONAL RECORD — HOUSE H6975
(ii) by striking ‘‘Upper Mississippi and (g) SUNSET.—The authority under this sec- (b) FISH AND WILDLIFE SERVICE ASIAN CARP
Ohio River basins and tributaries’’ and in- tion shall terminate on the date that is 5 ERADICATION PROGRAM.—
serting ‘‘Mississippi River and tributaries, years after the date of enactment of this (1) ESTABLISHMENT.—The Secretary of the
including the 6 sub-basins of the River’’; and Act. Interior, acting through the Director of the
(B) in subparagraph (B)— SEC. 509. ASIAN CARP PREVENTION AND CON- United States Fish and Wildlife Service,
(i) in clause (i), by striking ‘‘Upper Mis- TROL PILOT PROGRAM. shall establish a program to provide finan-
sissippi and Ohio River basins and tribu- (a) CORPS OF ENGINEERS ASIAN CARP PRE- cial assistance to States to implement meas-
taries’’ and inserting ‘‘Mississippi River and VENTION PILOT PROGRAM.— ures, including for management, research,
tributaries, including the 6 sub-basins of the (1) IN GENERAL.—The Secretary, in con- and public education activities, necessary to
River,’’; and junction with the Tennessee Valley Author- eradicate the Asian carp.
(ii) in clause (ii), by striking ‘‘Upper Mis- ity and other relevant Federal agencies, (2) ELIGIBILITY.—A State is eligible to re-
sissippi and Ohio River basins and tribu- shall carry out an Asian carp prevention ceive financial assistance under this sub-
taries’’ and inserting ‘‘Mississippi River and pilot program to carry out projects to man- section if such State has demonstrated to
tributaries, including the 6 sub-basins of the age and prevent the spread of Asian carp the Secretary of the Interior sufficient need
River’’. using innovative technologies, methods, and to implement measures to eradicate the
SEC. 507. INVASIVE SPECIES IN ALPINE LAKES Asian carp.
measures.
PILOT PROGRAM. (3) PRIORITY.—In providing financial assist-
(2) PROJECT SELECTION.—
(a) ESTABLISHMENT.—The Secretary of the ance under the program, the Secretary of the
(A) LOCATION.—Each project under the
Interior, acting through the Director of the Interior shall give priority to States in the
pilot program shall be carried out in a river
United States Fish and Wildlife Service, Cumberland River Watershed or the Ten-
system or reservoir in the Cumberland River
shall establish a pilot program (referred to in nessee River Watershed in which Asian carp
Watershed or Tennessee River Watershed in
this section as the ‘‘pilot program’’) to de- populations are expanding or have been doc-
which Asian carp populations are expanding
velop and carry out effective measures nec- umented.
or have been documented.
essary to prevent, control, or eradicate (4) COST SHARING.—
(B) CONSULTATION.—In selecting projects to (A) FEDERAL SHARE.—The Federal share of
aquatic invasive species in alpine lakes that carry out under the pilot program, the Sec-
are not located within a unit of the National the costs of activities carried out under the
retary shall consult with— program may not exceed 80 percent of the
Park System. (i) applicable Federal, State, and local
(b) PARTNERSHIPS.—The Secretary of the total costs of such activities.
agencies; (B) IN-KIND CONTRIBUTIONS.—The non-Fed-
Interior, acting through the Director of the (ii) institutions of higher education; and
United States Fish and Wildlife Service, eral share of the costs of activities carried
(iii) relevant private organizations, includ- out under the program may be provided in
shall offer to enter into a partnership to ing nonprofit organizations.
carry out the pilot program with— the form of in-kind contributions of mate-
(C) LIMITATIONS.— rials or services.
(1) any relevant partnering Federal agency; (i) NUMBER OF PROJECTS.—The Secretary
and (5) LIMITATION ON ADMINISTRATIVE EX-
may select not more than 10 projects to PENSES.—Not more than 5 percent of finan-
(2) any relevant compact agency organized carry out under the pilot program.
with the consent of Congress under article I, cial assistance provided by the Secretary of
(ii) DEADLINE.—Not later than September the Interior under this subsection may be
section 10 of the Constitution of the United 30, 2024, the Secretary shall complete
States. used for administrative expenses.
projects selected to be carried out under the (6) AUTHORIZATION OF APPROPRIATIONS.—
(c) AUTHORIZATION OF APPROPRIATIONS.—
pilot program. There is authorized to be appropriated to the
There is authorized to be appropriated to
(3) BEST PRACTICES.—In carrying out the Secretary of the Interior to carry out this
carry out the pilot program $25,000,000 for
pilot program, to the maximum extent prac- subsection $4,000,000 for each of fiscal years
the period of fiscal years 2022 through 2024.
ticable, the Secretary shall consider existing 2021 through 2025.
SEC. 508. MURDER HORNET ERADICATION PILOT
PROGRAM.
best practices, such as those described in the SEC. 510. INVASIVE SPECIES IN NONCONTIGUOUS
(a) GRANT AUTHORITY.—The Secretary of document of the Asian Carp Working Group STATES AND TERRITORIES PILOT
the Interior, acting through the Director of of the Aquatic Nuisance Species Task Force PROGRAM.
entitled ‘‘Management and Control Plan for (a) ESTABLISHMENT.—The Secretary of the
the Fish and Wildlife Service, and in con-
Bighead, Black, Grass, and Silver Carps in Interior, acting through the Director of the
sultation with all relevant Federal agencies,
the United States’’ and dated November 2007. United States Fish and Wildlife Service,
shall establish a pilot program to provide fi-
(4) COST-SHARE.— shall establish a pilot program to carry out
nancial assistance to States for manage-
(A) IN GENERAL.—The Federal share of the measures necessary to prevent, control, or
ment, research, and public education activi- eradicate invasive species in culturally sig-
costs of a project carried out under the pro-
ties necessary to— nificant forested watersheds in noncontig-
gram may not exceed 75 percent of the total
(1) eradicate the Asian giant hornet; and uous States and territories of the United
costs of the project.
(2) restore bee populations damaged by the States in which the Corps of Engineers is
(B) OPERATION, MAINTENANCE, REHABILITA-
Asian giant hornet. carrying out flood risk management
(b) ELIGIBILITY.—A State is eligible to re- TION, AND REPAIR.—After the completion of a
project under the pilot program, the Federal projects.
ceive financial assistance under this section (b) IMPLEMENTATION.—The Secretary of the
if the State has demonstrated to the Sec- share of the costs for operation, mainte-
nance, rehabilitation, and repair of the Interior, acting through the Director of the
retary of the Interior sufficient need to im- United States Fish and Wildlife Service, is
plement measures to eradicate the Asian project shall be 100 percent.
encouraged to carry out the measures de-
giant hornet. (5) MEMORANDUM OF AGREEMENT.—For
scribed in subsection (a) in consultation
(c) COST SHARING.— projects carried out in reservoirs owned or
with—
(1) FEDERAL SHARE.—The Federal share of managed by the Tennessee Valley Authority,
(1) States, any territory or possession of
the costs of activities carried out under the the Secretary and the Tennessee Valley Au-
the United States, and units of local govern-
pilot program may not exceed 75 percent of thority shall execute a memorandum of
ment, including federally recognized Indian
the total costs of such activities. agreement establishing the framework for a
Tribes (as defined in section 4 of the Indian
(2) IN-KIND CONTRIBUTIONS.—The non-Fed- partnership and the terms and conditions for
Self-Determination and Education Assist-
eral share of the costs of activities carried sharing expertise and resources. ance Act (25 U.S.C. 5304)); and
out under the pilot program may be provided (6) PAYMENTS.—The Secretary is author- (2) nonprofit organizations with knowledge
in the form of in-kind contributions of mate- ized to accept and expend funds from the of, and experience in, forested watershed
rials or services. Tennessee Valley Authority to complete any management, including nonprofit organiza-
(d) LIMITATION ON ADMINISTRATIVE EX- work under this section at a reservoir owned tions with a primary purpose of serving and
PENSES.—Not more than 5 percent of finan- or managed by the Tennessee Valley Author- partnering with indigenous communities.
cial assistance provided by the Secretary of ity. (c) AUTHORIZATION OF APPROPRIATIONS.—
the Interior under this section may be used (7) REPORT.—Not later than 2 years after There is authorized to be appropriated to
for administrative expenses. the date of enactment of this Act, and 2 carry out the pilot program under subsection
(e) AUTHORIZATION OF APPROPRIATIONS.— years thereafter, the Secretary shall submit (a) $25,000,000 for the period of fiscal years
There is authorized to be appropriated to the to Congress a report describing the results of 2022 through 2024.
Secretary of the Interior to carry out the the pilot program, including an analysis of SEC. 511. SOIL MOISTURE AND SNOWPACK MONI-
pilot program $4,000,000 for each of fiscal the effectiveness of the innovative tech- TORING.
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years 2021 through 2025. nologies, methods, and measures used in (a) INSTALLATION OF NETWORK.—
(f) DEFINITIONS.—In this section: projects carried out under the pilot program (1) IN GENERAL.—In accordance with the ac-
(1) ASIAN GIANT HORNET.—The term ‘‘Asian at preventing the spread, or managing the tivities required under section 4003(a) of the
giant hornet’’ means a Vespa mandarinia. eradicating of, Asian carp. Water Resources Reform and Development
(2) STATE.—The term ‘‘State’’ means each (8) AUTHORIZATION OF APPROPRIATIONS.— Act of 2014 (128 Stat. 1310; 130 Stat. 1676), and
of the several States, the District of Colum- There is authorized to be appropriated to to support the goals of the Weather Research
bia, and the territories and insular posses- carry out this subsection $25,000,000, to re- and Forecasting Innovation Act of 2017 (Pub-
sions of the United States. main available until expended. lic Law 115–25) and the National Integrated
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H6976 CONGRESSIONAL RECORD — HOUSE December 8, 2020
Drought Information System Reauthoriza- (v) flood risk and water resources moni- inform and improve the missions of those
tion Act of 2018 (Public Law 115–423), the Sec- toring initiatives by the Secretary and the agencies.
retary, in coordination with the Adminis- Commissioner; and (B) REPORT REQUIRED.—Not later than 270
trator of the National Oceanic and Atmos- (vi) any other programs or initiatives the days after initiating the audit required by
pheric Administration (referred to in this Administrator considers appropriate; subparagraph (A), the Comptroller General
section as the ‘‘Administrator’’), the Chief of (C) at the request of State mesonet pro- shall submit to the appropriate congres-
the Natural Resources Conservation Service, grams, or as the Administrator considers ap- sional committees a report setting forth the
the Director of the United States Geological propriate, provide technical assistance to findings of the audit.
Survey, and the Commissioner of Reclama- such programs under the pilot program (6) APPROPRIATE CONGRESSIONAL COMMIT-
tion, shall continue installation of a network under paragraph (1) to ensure proper data re- TEES DEFINED.—In this subsection, the term
of soil moisture and plains snowpack moni- quirements; and ‘‘appropriate congressional committees’’
toring stations, and modification of existing (D) ensure an appropriate mechanism for means—
stations, in the Upper Missouri River Basin. quality control and quality assurance is em- (A) the Committee on Commerce, Science,
(2) REQUIREMENTS.—In carrying out instal- ployed for the data acquired under the pilot and Transportation, the Committee on Envi-
lation and modification activities under program, such as the Meteorological Assimi- ronment and Public Works, and the Com-
paragraph (1), the Secretary— lation Data Ingest System. mittee on Energy and Natural Resources of
(A) may continue to enter into agree- (3) STUDY REQUIRED.— the Senate; and
ments, including cooperative agreements, (A) IN GENERAL.—Not later than 1 year (B) the Committee on Transportation and
with State mesonet programs for purposes of after the date of the enactment of this Act, Infrastructure, the Committee on Science,
installing new stations or modifying existing the Administrator shall initiate a study of Space, and Technology, and the Committee
stations; the pilot program required by paragraph (1) on Natural Resources of the House of Rep-
(B) shall transfer ownership and all respon- to evaluate the data generated by the net- resentatives.
sibilities for operation and maintenance of work described in subsection (a) and the ap- SEC. 512. GREAT LAKES ST. LAWRENCE SEAWAY
new stations to the respective State mesonet plications of that data to programs and ini- DEVELOPMENT CORPORATION.
program for the State in which the moni- tiatives described in paragraph (2)(B). (a) RENAMING THE SAINT LAWRENCE SEAWAY
toring station is located on completion of in- (B) ELEMENTS.—The study required by sub- DEVELOPMENT CORPORATION.—The Act of
stallation of the station; and paragraph (A) shall include an assessment May 13, 1954 (33 U.S.C. 981 et seq.) is amend-
(C) shall establish, in consultation with of— ed—
the Administrator, requirements and stand- (i) the contribution of the soil moisture, (1) in section 1 (33 U.S.C. 981), by striking
ards for the installation of new stations and snowpack, and other relevant data generated ‘‘Saint Lawrence Seaway Development Cor-
modification of existing stations to ensure by the network described in subsection (a) to poration’’ and inserting ‘‘Great Lakes St.
seamless data integration into— weather, subseasonal and seasonal, and cli- Lawrence Seaway Development Corpora-
(i) the National Mesonet Program; mate forecasting products on the local, re- tion’’; and
(ii) the National Coordinated Soil Moisture gional, and national levels; (2) in section 2(b) (33 U.S.C. 982(b)), by
Network; and (ii) the enhancements made to the Na- striking ‘‘Saint Lawrence Seaway Develop-
(iii) other relevant networks. tional Integrated Drought Information Sys- ment Corporation’’ and inserting ‘‘Great
(3) AUTHORIZATION OF APPROPRIATIONS.— tem, the National Water Model, and the Lakes St. Lawrence Seaway Development
There is authorized to be appropriated to United States Drought Monitor, and other Corporation’’.
carry out this subsection, in addition to any relevant national modeling efforts, using (b) REFERENCES.—Any reference to the
other funds authorized to be appropriated for data and derived data products generated by Saint Lawrence Seaway Development Cor-
the installation of a network of soil moisture the network; poration in any law, regulation, document,
and plains snowpack monitoring stations or (iii) the contribution of data generated by record, Executive order, or other paper of the
the modification of existing stations in the the network to remote sensing products and United States shall be deemed to be a ref-
Upper Missouri River Basin, $7,000,000 for approaches; erence to the Great Lakes St. Lawrence Sea-
each of fiscal years 2021 through 2025. (iv) the viability of the ownership and way Development Corporation.
operational structure of the network; and (c) TECHNICAL AND CONFORMING AMEND-
(b) SOIL MOISTURE AND SNOWPACK MONI- (v) any other matters the Administrator MENTS.—
TORING PILOT PROGRAM.— considers appropriate, in coordination with (1) TITLE 5.—Section 5315 of title 5, United
(1) IN GENERAL.—Not later than 180 days the Secretary, the Chief of the Natural Re- States Code, is amended by striking ‘‘Saint
after the date of the enactment of this Act, sources Conservation Service, the Director of Lawrence Seaway Development Corpora-
the Administrator shall establish within the the United States Geological Survey, and the tion’’ and inserting ‘‘Great Lakes St. Law-
National Mesonet Program a pilot program Commissioner of Reclamation. rence Seaway Development Corporation’’.
for the acquisition and use of data generated (4) REPORT REQUIRED.—Not later than 4 (2) TITLE 18.—Section 2282B of title 18,
by the network described in subsection (a). years after the date of the enactment of this United States Code, is amended by striking
(2) REQUIREMENTS.—In establishing the Act, the Administrator shall submit to the ‘‘Saint Lawrence Seaway Development Cor-
pilot program under paragraph (1), the Ad- appropriate congressional committees a re- poration’’ and inserting ‘‘Great Lakes St.
ministrator shall— port— Lawrence Seaway Development Corpora-
(A) enter into agreements with State (A) setting forth the findings of the study tion’’.
mesonet programs in the Upper Missouri required by paragraph (3); and (3) INTERNAL REVENUE CODE.—Section
River Basin to acquire data generated by the (B) making recommendations based on 9505(a)(2) of the Internal Revenue Code of
network described in subsection (a) that— those findings to improve weather, subsea- 1986 (26 U.S.C. 9505(a)(2)) is amended by strik-
(i) are similar to the agreements in effect sonal, seasonal, and climate monitoring na- ing ‘‘Saint Lawrence Seaway Development
as of the date of the enactment of this Act tionally. Corporation’’ and inserting ‘‘Great Lakes St.
with States under the National Mesonet Pro- (5) GOVERNMENT ACCOUNTABILITY OFFICE Lawrence Seaway Development Corpora-
gram; and AUDIT.— tion’’.
(ii) allow for sharing of data with other (A) IN GENERAL.—Not later than 60 days (4) TITLE 31.—Section 9101(3)(K) of title 31,
Federal agencies and with institutions en- after the report required by paragraph (4) is United States Code, is amended by striking
gaged in federally supported research, in- submitted, the Comptroller General of the ‘‘Saint Lawrence Seaway Development Cor-
cluding the United States Drought Monitor, United States shall initiate an audit to poration’’ and inserting ‘‘Great Lakes St.
as appropriate and feasible; evaluate that report and determine wheth- Lawrence Seaway Development Corpora-
(B) in coordination with the Secretary, the er— tion’’.
Chief of the Natural Resources Conservation (i) the Administrator, in conducting the (5) WATER RESOURCES DEVELOPMENT ACT OF
Service, the Director of the United States pilot program under paragraph (1), has uti- 1986.—The Water Resources Development Act
Geological Survey, and the Commissioner of lized the relevant data generated by the net- of 1986 (33 U.S.C. 2211 et seq.) is amended—
Reclamation, gather data from the operation work described in subsection (a) in the man- (A) in section 206 (33 U.S.C. 2234), by strik-
of the network to inform ongoing efforts of ner most beneficial to the programs and ini- ing ‘‘Saint Lawrence Seaway Development
the National Oceanic and Atmospheric Ad- tiatives described in paragraph (2)(B); Corporation’’ and inserting ‘‘Great Lakes St.
ministration in support of— (ii) the acquisition agreements entered Lawrence Seaway Development Corpora-
(i) the National Integrated Drought Infor- into under paragraph (2)(A) with State tion’’;
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mation System, including the National Co- mesonet programs fully comply with the re- (B) in section 210(a)(1) (33 U.S.C. 2238(a)(1)),
ordinated Soil Moisture Network; quirements of that paragraph; and by striking ‘‘Saint Lawrence Seaway Devel-
(ii) the United States Drought Monitor; (iii) the heads of other agencies, including opment Corporation’’ and inserting ‘‘Great
(iii) the National Water Model and other the Secretary, the Chief of the Natural Re- Lakes St. Lawrence Seaway Development
relevant national modeling efforts; sources Conservation Service, the Director of Corporation’’;
(iv) validation, verification, and calibra- the United States Geological Survey, and the (C) in section 214(2)(B) (33 U.S.C. 2241(2)(B)),
tion of satellite-based, in situ, and other re- Commissioner of Reclamation, are utilizing by striking ‘‘Saint Lawrence Seaway Devel-
mote sensing activities and output products; the data generated by the network to better opment Corporation’’ and inserting ‘‘Great
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December 8, 2020 CONGRESSIONAL RECORD — HOUSE H6977
Lakes St. Lawrence Seaway Development The SPEAKER pro tempore. Is there bus, Continuing Resolution, budget
Corporation’’; and objection to the request of the gen- deal, whatever the heck you want to
(D) in section 1132(b) (33 U.S.C. 2309(b)), by tleman from Oregon? call it.
striking ‘‘Saint Lawrence Seaway Develop- Now, the Committee on Appropria-
There was no objection.
ment Corporation’’ and inserting ‘‘Great
Lakes St. Lawrence Seaway Development
Mr. DEFAZIO. Madam Speaker, I tions in the Senate has raised con-
Corporation’’ each place it appears. yield myself such time as I may con- cerns. Even though this does not count
(6) TITLE 46.—Title 46, United States Code, sume. officially against allocations on an an-
is amended— Madam Speaker, legislation very nual basis, they are worried that some-
(A) in section 2109, by striking ‘‘Saint Law- similar to this passed the House of how someone might look at them and
rence Seaway Development Corporation’’ Representatives unanimously earlier say, Well you have got all this other
and inserting ‘‘Great Lakes St. Lawrence this year. This bill will continue the bi- money, so we are going to cut back on
Seaway Development Corporation’’; your regular amount of money. That is
partisan tradition restarted by Chair-
(B) in section 8103(g), by striking ‘‘Saint
Lawrence Seaway Development Corpora- man Shuster in 2014 of doing a Water not going to happen. This need is great.
tion’’ and inserting ‘‘Great Lakes St. Law- Resources Development Act every 2 This is a huge bipartisan success
rence Seaway Development Corporation’’; years. It is critical. with agreement by harbors all around
(C) in section 8503(c), by striking ‘‘Saint I am thankful to Ranking Member the country, large and small, emerging,
Lawrence Seaway Development Corpora- GRAVES, Chairwoman GRACE NAPOLI- developed, energy ports. It is critical to
tion’’ and inserting ‘‘Great Lakes St. Law- TANO, and Subcommittee Ranking the United States of America as a mar-
rence Seaway Development Corporation’’; Member BRUCE WESTERMAN for their itime Nation that we get this done and
(D) in section 55112(a)(3), by striking ‘‘St. we begin to do the work on a daily
hard work in developing the House
Lawrence Seaway Development Corpora- basis.
tion’’ and inserting ‘‘Great Lakes St. Law- version and helping us negotiate with
the Senate. I also thank our Senate Of our 58 largest harbors, 35 percent
rence Seaway Development Corporation’’;
(E) in section 55331(3), by striking ‘‘Saint colleagues, Committee on Environment are at their authorized depths. That
Lawrence Seaway Development Corpora- and Public Works Chairman JOHN BAR- means ships go around, that means
tion’’ and inserting ‘‘Great Lakes St. Law- RASSO, who has pushed very hard for ships have to pass too close to one an-
rence Seaway Development Corporation’’; this bill, and Ranking Member TOM other in order to navigate restricted
and CARPER, for their collaboration. channels. It means jetties that are be-
(F) in section 70032, by striking ‘‘Saint Madam Speaker, this builds on the ginning to fail don’t get fixed, and
Lawrence Seaway Development Corpora- every year that they fail they become
tion’’ and inserting ‘‘Great Lakes St. Law-
success of H.R. 7575, which, as I said,
passed the House of Representatives much, much more expensive to repair
rence Seaway Development Corporation’’ until the point of total failure, at
each place it appears. earlier this year unanimously. It au-
(7) TITLE 49.— thorizes construction of 46 reports of which point it becomes incredibly ex-
(A) IN GENERAL.—Title 49, United States the Chief of the Corps of Engineers. It pensive.
Code, is amended— is a record number of Chief’s Reports, Madam Speaker, should we access
(i) in section 110— almost matching the number author- the harbor maintenance trust fund
(I) in the heading, by striking ‘‘Saint Law- ized in 2016 and 2018. over the next 5 years at $2 billion a
rence Seaway Development Corporation’’
Now, that would only be made pos- year, plus the expected income, we
and inserting ‘‘Great Lakes St. Lawrence could bring all of our ports up to a
Seaway Development Corporation’’; and sible by the full utilization of the har-
bor maintenance trust fund. For dec- state of good repair in 5 years. What
(II) in subsection (a), by striking ‘‘Saint the Senate staff is insisting on would
Lawrence Seaway Development Corpora- ades, since Ronald Reagan was Presi-
dent, we have been assessing a tiny ad stretch that out for 20 years—and actu-
tion’’ and inserting ‘‘Great Lakes St. Law-
rence Seaway Development Corporation’’; ally, would stretch it out longer, be-
valorem tax on the value of goods and
and cause if you start doing things 18 years
containers flowing through the ports
(ii) in section 6314(c)(2)(G), by striking from now, they would have deterio-
coming into the United States of
‘‘Saint Lawrence Seaway Development Cor- rated even more and become more ex-
America.
poration’’ and inserting ‘‘Great Lakes St. pensive. So they would, essentially, in-
Lawrence Seaway Development Corpora-
Despite the pressing need to dredge
definitely put off bringing our harbors
tion’’. our harbors, to authorize steps to re-
to a state of good repair because of un-
(B) TABLE OF SECTIONS.—The table of sec- pair jetties before they fail totally and
founded concern.
tions for chapter 1 of subtitle I of title 49, become much more expensive to re- Madam Speaker, I am hopeful that
United States Code, is amended by amending place, for many years Congress refused common sense will prevail, if there is
the item relating to section 110 to read as to spend that full amount of money.
follows: any such thing on the other side of
There is now around $10 billion col- Capitol Hill.
‘‘110. Great Lakes St. Lawrence Seaway De- lected in taxes from the American peo-
velopment Corporation.’’. I want to go back to thanking mem-
ple for a specific purpose for which it bers of our committee and the staff
SEC. 513. DETERMINATION OF BUDGETARY EF-
FECTS. has not been spent. who did great work on this bill. It is an
The budgetary effects of this Act, for the I started working on this with Bud excellent bill.
purpose of complying with the Statutory Shuster—not Bill—Bud Shuster, his It also deals with inland waterways
Pay-As-You-Go Act of 2010, shall be deter- dad, back in 1996 to access the full on a cost-share basis. It deals with
mined by reference to the latest statement amount of the harbor maintenance building in resilience to deal with cli-
titled ‘‘Budgetary Effects of PAYGO Legisla- trust fund. It got out of that com-
tion’’ for this Act, submitted for printing in
mate change—even if you don’t believe
mittee twice under Chairman Shuster. in it—and will use natural systems as
the Congressional Record by the Chairman of
the House Budget Committee, provided that He was quite amazed it came out much as possible for these needs.
such statement has been submitted prior to unanimously, including Freedom Cau- Chairwoman GRACE NAPOLITANO, who
the vote on passage. cus members and others, but Paul did not travel here today, was dogged
The SPEAKER pro tempore. Pursu- Ryan saw fit to strip it from the bill in her support for the maintenance
ant to the rule, the gentleman from Or- because he didn’t think that we should needs and advocacy for her large har-
egon (Mr. DEFAZIO) and the gentleman maintain our harbors and our ports as bors. And ultimately, we came to an
from Missouri (Mr. GRAVES) each will a maritime Nation. I guess being in- agreement, as I said, between all sizes
control 20 minutes. land, he didn’t think that was so im- of harbors around the country.
The Chair recognizes the gentleman portant. Madam Speaker, I also thank my
from Oregon. We now have finally gotten to that ranking member, SAM GRAVES. He
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GENERAL LEAVE point where we are going to access the couldn’t have been a better partner in
Mr. DEFAZIO. Madam Speaker, I ask funds. There is one tiny remaining helping us deal with the other side of
unanimous consent that all Members problem—since the Senate seems to be Capitol Hill, and Mr. WESTERMAN for
may have 5 legislative days within totally incapable of passing any indi- his steadfast support and importance
which to revise and extend their re- vidual pieces of legislation and doing to the final bill. Today’s success would
marks, including extraneous material nothing individually except judges—we not have been possible without their
on S. 1811, as amended. are seeking to attach this to the Omni- great work.
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H6978 CONGRESSIONAL RECORD — HOUSE December 8, 2020
There are a number of members of efits, are considered in the formulation of fu- populations or sub-systems. Further, this title
the committee who were particularly ture projects. directs the Corps to examine and report back
crucial: DEBBIE MUCARSEL-POWELL, Title 1 of WRDA 2020 ensures that the on various Corps internal processes and as-
ABBY FINKENAUER, HARLEY ROUDA, Corps operates and executes projects to meet sets to identify additional opportunities for
CONOR LAMB, ANGIE CRAIG, CHRIS our Nation’s ever evolving 21st century needs. Corps expertise and improvement in work effi-
PAPPAS, ANTONIO DELGADO, LIZZIE This title supports our transportation infrastruc- cacy.
FLETCHER, GREG STANTON, and SHARICE ture and ensures the efficient flow of domestic Title 3 addresses ongoing Corps operations
DAVIDS, all members of the committee and international commerce by reinstating the and opportunities to ensure efficient project
who contributed significantly to this. Federal commitment to our ports, harbors, and delivery as well as remove outdated or dupli-
And also, we did lose the language to inland waterways. It builds on the CARES Act cative Corps authorizations. Continuing in the
reauthorize the Clean Water State Re- (Pub. L. 116–136) by unlocking funds that tradition of the last three WRDAs, WRDA
volving Fund, which hasn’t been reau- have already been collected from shippers for 2020 directs the Corps to identify approxi-
thorized since 1987. I kind of thought it the purpose of harbor deepening and mainte- mately $10 billion in antiquated construction
was time but, apparently, that is right nance, and that have remained unspent, in the authorizations that can be deauthorized, which
now not on the radar of some people. Harbor Maintenance Trust Fund (HMTF) while is roughly equivalent to the cost of the new
Madam Speaker, the Water Resources De- there are unmet operation and maintenance Chiefs Reports authorized by this legislation.
velopment Act (WRDA) is legislation that is needs at ports and harbors. In addition, this In addition, the revisions and updates to
essential to everyday American life-supporting title establishes a new authorization framework projects in Title 3, on advisement from the
jobs and our economy, protecting American for the allocation of harbor maintenance funds Corps, will keep those projects on track for de-
lives and property, and restoring and pro- to ensure equitable expenditures to meet the livery and maintain the effectiveness and effi-
tecting our vital natural resources. The Water ongoing needs of the Nation’s largest ports, ciency of these Federal investments. This title
Resources Development Act of 2020 (WRDA Commercial Strategic Seaports, Great Lakes also makes modifications to existing programs
2020) modernizes and invests in our water re- Harbors, and emerging harbors. Title 1 also within the Corps to include a wider range of
sources infrastructure by: (1) authorizing crit- addresses critical needs to modernize our eligible regions for those programs and pro-
ical, locally driven U.S. Army Corps of Engi- Federal inland waterway system by author- vide them with sufficient authorization levels to
neers (Corps) projects and studies; (2) expe- izing additional funds from the General Fund achieve their central purposes.
diting the delivery of future projects; (3) in- of the Treasury towards the construction of
creasing water storage and supply; (4) pre- Further, Title 3 deauthorizes or transfers, in
projects on the Inland Waterway System,
venting, managing, and eradicating invasive part or in whole, certain projects which are no
which handles approximately half of all inland
species that reduce and degrade our water re- longer within the mission of the Corps or are
waterway freight and one-twelfth of all national
sources infrastructure and the environment; otherwise better suited as returned to the lo-
freight.
(5) building resiliency to increasing storm and Further, Title 1 of WRDA 2020 ensures that calities. These actions maintain Corps de-
flooding risks: (6) increasing community and future water resources development projects pendability and its relationships with non-Fed-
Tribal involvement and engagement; and (7) are designed and built with greater resiliency eral sponsors and stakeholders, while alle-
addressing communities with affordability con- to address the needs of the next century. For viating superfluous lands or projects that
cerns. WRDA 2020 strengthens our Nation’s example, this title directs the Corps to con- should be returned to states and localities and
security and economic competitiveness by sider nature-based and natural features while removed from Corps responsibilities.
deepening our ports and harbors, maintaining developing projects, and advocates for innova- Title 4 of WRDA 2020 affirms the Federal
our inland waterways, and providing protection tion that ensures the resiliency and longevity commitment to delivering water resources
from dangerous flooding, while remaining of Corps construction. Similarly, this title rec- projects and the continued improvement of
committed to economically and environ- ognizes the needs of communities that are American water infrastructure. Again, this title
mentally responsible development. currently facing repeat flooding events by pro- authorizes 46 Corps projects to move to con-
In WRDA bills, Congress authorizes studies viding critical assistance for the expedited con- struction and makes changes to projects cur-
and projects encompassing the key missions sideration of permanent measures to reduce rently underway to guarantee their accuracy
of the Corps, including supporting coastal and local flooding risks. and long-term value. Projects authorized
inland waterways infrastructure, effective and Moreover, Title 1 makes policy reforms to under WRDA 2020 will sustain jobs and our
targeted flood protection, environmental res- promote stronger local-level partnerships, de- economic competitiveness by maintaining the
toration, storm damage prevention, and cisionmaking, and effective, transparent flow of goods through our navigational chan-
proactive water supply initiatives. Each of the project development and implementation that nels and protecting American lives, land, and
46 completed feasibility study reports of the will overall improve water infrastructure devel- assets from flood or storm waters. The
Chief of Engineers (Chiefs Reports) authorized opment. Other provisions within this title en- projects will restore and enhance our natural
by WRDA 2020 were locally driven and cost- sure the protection of all communities through resources, ecosystems and environment, and
shared, rigorously studied, and determined by wider consideration of project benefits and prepare communities for increasingly wet or
the Corps to be economically justified, tech- greater flexibility and support for populations dry conditions. These essential projects will
nically sound, and environmentally acceptable. with affordability concerns. Title 1 also helps positively impact populations in all regions of
Since 2014, Congress has resumed the tra- communities respond faster to natural disas- the country and build smarter, more resilient
dition of biennial consideration of WRDAs, and ters, improves the safety of our dams and lev- infrastructure for the benefit of generations to
WRDA 2020 continues to deliver new authori- ees, addresses necessary updates to aging in- come.
ties on a predictable authorization cycle to frastructure, and supports critical work against Title 5 of this bill makes several changes to
meet the water resource needs of local com- invasive species and harmful algal blooms. Corps and other Federal agency authorities
munities and to provide appropriate oversight Lastly, this title recognizes the increasing role related to the control of invasive species or for
of, and policy direction to, the Administration the Corps plays in addressing the water sup- other purposes. Invasive species have a dev-
and the Corps. The transformative nature of ply and water conservation needs of local and astating impact on our Nation’s water infra-
the last three WRDA bills has provided the rural communities. structure, as well as on our water supply. In-
Corps and the non-Federal interests with new Title 2 of WRDA 2020 ensures continuity in creasingly, the Corps is required to partner
opportunities to advance projects more quickly addressing our water resources development with other Federal agencies to control the
and with greater effectiveness. WRDA 2020 needs. It authorizes feasibility studies for the spread of invasive species, both on land and
builds on these changes by ensuring that fu- development of future projects, while ensuring in the aquatic environment. The changes
ture water resources development projects are that studies currently underway are completed made by this title include the creation of new
developed in a resilient and more sustainable expeditiously. Title 2 also makes necessary pilot programs to address invasive species
manner, by targeting increased Federal assist- adjustments to existing studies or projects to such as Asian Carp, elodea, and quagga mus-
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ance to rural and economically-disadvantaged ensure they are forward-looking and encom- sels, as well as noxious weeds. This title also
communities and Tribes that have seen chal- pass as many potential benefits to the local- retains the traditional roles of the Corps and
lenges in implementing critical water resources ities as practicable. In addition, this title au- other Federal agencies in controlling the
infrastructure, and by modernizing the process thorizes the analysis of regional or watershed- spread or managing and reducing existing
for project development to ensure that all based systems which facilitates cohesive invasive species.
project benefits, including economical, re- projects and greater end results for the sys- The managers of the U.S. House of Rep-
gional, environmental, and other societal ben- tems without inadvertently segmenting out resentative and the U.S. Senate for WRDA
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December 8, 2020 CONGRESSIONAL RECORD — HOUSE H6979
2020 (‘‘the Managers’’) also highlight the fol- alike. The Managers intend this authority to be to Congress publicly available on the internet
lowing sections of this legislation and other used in conjunction with the Gulf Coast Re- and is directed to submit the report to Con-
matters related to the Corps: gional Dredge Demonstration Program created gress along with its annual report pursuant to
Section 109 addresses the critical need to in P.L. 116–94, the Further Consolidated Ap- section 7001 of Water Resources Reform and
modernize our Federal Inland Waterway Sys- propriations Act, 2020. Development Act of 2014, P.L. 113–121
tem. This section authorizes additional funds Section 161 makes changes to the study (WRRDA 2014).
from the General Fund of the Treasury to- process pursuant to section 203 of WRDA The Managers intend for the Corps to expe-
wards the construction of authorized inland 1986. As required by this section, this new ditiously develop implementation guidance for
waterways projects. The Managers have au- policy does not apply to any project being au- the provisions contained in WRDA 2020, as
thorized this change to the current 50–50 cost thorized by this Act. Further these changes do well as provisions from prior WRDAs that have
share for inland projects to resolve the back- not apply to any feasibility study submitted to yet to be developed. Section 223 of WRDA
log in these critical projects, and intend that the Corps during the one-year period prior to 2020 directs the Corps to expeditiously com-
any inland project that received construction the date of enactment of this section, such as plete these actions, and consistent with sec-
assistance prior to fiscal year 2030 utilize the the Raymondville Drain Project, Lower Rio tion 1105 of WRDA 2018, to involve stake-
new 75–25 cost share authorized by this sec- Grande Basin, Texas. holders in the development of guidance mate-
tion through completion of the project. The Subsection 201(b) states that the Corps is rials. In addition, the Managers direct the Sec-
Managers also expect that this additional sup- to consider any study carried out by the Corps retary to directly engage and consult with, and
port will be prioritized for those projects identi- for Port Arthur and Orange County, Texas, provide briefings for, the Committee on Trans-
fied by inland users as most essential in the flood control project, to be a continuation of portation and Infrastructure and the Committee
20-year capital development plan required the study authorized under Sabine Pass to on Environment on Public Works on these ac-
under section 302(d) of WRDA 1986, including Galveston Bay, Texas. While subsection (a) tions.
the Upper Ohio navigation system, the Navi- explicitly authorizes a study for Port Arthur Section 229 amends section 1104(b) of
gation and Ecosystem Sustainability Program and Orange County, Texas, the Managers in- WRDA 2018 to require that the Corps provide
for the Upper Mississippi River, and the Three tend that nothing in subsection 201(b) will the Committee on Environment and Public
Rivers project in Southeast Arkansas. It is the slow down the construction of the project for Works of the Senate and the Committee on
intention of the Managers that current Sabine Pass to Galveston Bay, Texas. Transportation and Infrastructure of the House
prioritization plans be followed by the Corps in Section 213 directs the Corps to conduct a of Representatives an annual written update
its funding of inland waterway projects. comprehensive study of the Lower Mississippi on the Corps’ implementation of non-Federal
Section 112 directs the Corps to ensure River. The Managers note that the Mississippi outreach requirements associated with devel-
meaningful participation and consultation by River has been at flood stage at record length opment of section 7001 annual reports. This
economically disadvantaged communities and and frequency in recent years. The Managers section also requires that the Corps issue
Indian Tribes in the development of future intend this study to provide reconsideration of guidance for the uniform implementation of the
water resources projects. During formulation of the operations of existing assets by operating 7001 process by Corps districts and ensure
WRDA 2020, the Managers heard concerns structures throughout the Lower Mississippi annual compliance with that guidance. The
from economically disadvantaged communities River holistically and, potentially, for multiple Managers continue to be concerned with the
and Indian Tribes of a lack of transparency purposes per asset, as well as identifying new agency’s ability to consistently implement
and meaningful communication with these projects and utilizing existing Federal and non- these policies nationwide.
communities. Managers expect that contin- Federal assets, such as river reintroduction Section 310 clarifies that any Federal funds
uous commitment to, and review of, Corps projects, new or existing reservoirs, water sup- used to carry out construction of the McClel-
policies surrounding community engagement ply projects, or other measures. In completing lan-Kerr Arkansas River Navigation System
and tribal consultation will minimize adverse the study, the Managers intend for the Corps (MKARNS) are considered as initiating con-
impacts to these populations, including detri- to collaborate with all levels of government, as struction of the project such that future funds
mental impacts to their health, property, and well as with non-governmental entities to im- will not require a new start designation. With
livelihoods. It is the Managers’ intention that prove the management of one of the largest initial construction of the MKARNS completed
the Corps complete reviews and make adjust- watersheds in the world. 50 years ago, modernization of the entire
ments, if warranted, to procedures expedi- Section 216 includes studies for the Lower channel was authorized by Congress in 2003
tiously to ameliorate concerns and avoid con- and Upper Missouri River. With a General In- and funds were subsequently provided in
flict with existing and future water resources vestigations study of the Lower Missouri River 2004. Since that time, the 12-foot deepening
projects. Basin already underway, the Managers intend project has stalled, but this section will allow
Section 125 renews the Congressional com- this section to build off this existing authority construction of the project to resume without
mitment to beneficial use of dredged material. and to expeditiously review both a comprehen- the requirement to obtain a New Start, a re-
While carrying out the beneficial use of sive plan and site-specific solutions to combat quirement not contemplated when the deep-
dredged material pilot program pursuant to flooding in communities across the Lower Mis- ening project was authorized and funded. This
section 1122 of WRDA 2016, the Corps is di- souri River Basin. While this Act specifically section will ensure the project is formally con-
rected to carry out at least one project utilizing and preemptively waives 3x3x3 requirements, sidered as a project resumption for budgetary
thin layer placement of dredged fine and the Managers strongly encourage the Corps to and appropriations purposes.
coarse grain sediment. This demonstration complete its studies as expeditiously as pos- Section 348 allows a local government enti-
program is also authorized to be expanded to sible. ty, such as a city, with existing water supply
apply to recovering lost storage capacity in Section 222 requires the Corps to issue an storage in a Federal or non-Federal hydro-
reservoirs due to sediment accumulation, if the annual report that identifies all authorized power lake within the Arkansas Basin, to ac-
project meets the other criteria within the pro- studies or projects meeting certain criteria, in- cess that water supply at a cost of not more
gram. The Corps is directed to carry out at cluding local support and the Corps’ capability than 110 percent of initial principal cost for the
least one project to recover lost storage ca- for executing the work. The Managers expect acre-feet sought for a new covered contract
pacity under the program as well. With this this annual report will provide greater trans- for that lake. This section makes clear that the
section, Managers expect the Corps to select parency in the Administration’s development of Managers do not expect the Corps to under-
projects that encompass a wide range of re- both its annual budget and its project selection take any formal reallocation process. Rather,
gional areas, economic status, and utilization process. the Managers expect that the Corps will work
methods. In completing this report, the Corps must only with a local government entity that cur-
Additionally, this section further encourages describe specific benefits for each authorized rently holds the rights to access water supply
the Corps to coordinate planning for the de- study and authorized water resources devel- storage.
ployment of Federal and non-Federal dredges. opment project included in the annual report. Section 351 allows the Corps, at the request
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In sequencing dredging work to benefit mul- This section also requires the Secretary to in- of a non-Federal interest, to renegotiate the
tiple mission sets and providing consistent clude an appendix in the annual report that terms and conditions of deferred payment
navigational certainty, especially in areas of lists any submitted proposals that were not in- agreements under Section 103(k) of WRDA
high maritime traffic in our Nation’s harbors cluded in the annual report and a description 1986 and to accept, without interest, the pre-
and waterways, the Managers believe proper of why the Corps determined that those pro- payment of non-Federal contributions. The
implementation of this program will benefit the posals did not meet the criteria for inclusion. Managers anticipate that the non-Federal
American economy and restoration efforts The Corps shall also make the annual report sponsors of the West Bank and Vicinity, Lake
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H6980 CONGRESSIONAL RECORD — HOUSE December 8, 2020
Pontchartrain and Vicinity, and Southeast Lou- consideration of the bill as to provisions that Madam Speaker, WRDA 2020 author-
isiana Urban Flood Damage Reduction fall within the Rule X jurisdiction of the izes—and, again, as has been pointed
Projects are expected to seek relief under this Committee on Natural Resources. out—60 critical water resource
The Committee on Natural Resources
section in order to continue large-scale invest- takes this action with the mutual under-
projects. This is the most authoriza-
ments to support resiliency in both their infra- standing that, in doing so, we do not waive tions in recent history. These projects
structure and regional ecosystems. any jurisdiction over the subject matter con- are going to strengthen our global
Section 401 authorizes 46 Chief’s Reports, tained in this or similar legislation, and that competitiveness, they are going to
including a project for navigation improve- the Committee will be appropriately con- grow the economy, they are going to
ments for the Port of Nome in Nome, Alaska. sulted and involved as the bill or similar leg- provide flood protection for our com-
Nome will be America’s first Arctic deep draft islation moves forward so that we may ad- munities, they are going to safeguard
port, enhancing our strategic and economic dress any remaining issues within our juris- the environment, and create jobs.
diction. Our Committee also reserves the
competitiveness in the Arctic region. The Man- Additionally, WRDA is fiscally re-
right to seek appointment of conferees to
agers note the complementary and important any House-Senate conference involving this sponsible and deauthorizes old projects
role that modest improvements at Port Clar- or similar legislation. to fully offset new authorizations. It
ence/Point Spencer can play relative to the Thank you for agreeing to include our ex- advances inland waterway improve-
project at Nome, Alaska, and for safe Arctic change of letters in the Congressional ments by adjusting the Inland Water-
transportation generally, and therefore, the Record. I appreciate your cooperation re- ways Trust Fund cost-share; it includes
Managers encourage the Corps of Engineers garding this legislation and look forward to important considerations and set-
to expedite its consideration of the use of Sec- continuing to work with you as this measure asides for rural communities; and it
moves through the legislative process.
tion 107 Continuing Authorities Program fund- provides relief to communities, such as
Sincerely,
ing to help install and make operational the RAÚL M. GRIJALVA, those in my home State of Missouri
two 30-ton and one 60-ton industrial grade Chair, House Natural Resources Committee. that have experienced repetitive losses
buoy systems at Port Clarence to serve mari- as a result of flood events.
time safety needs for the Bering Strait as well COMMITTEE ON TRANSPORTATION AND Madam Speaker, I thank Chairman
as the greater Arctic region. The Managers INFRASTRUCTURE, DEFAZIO, Chair NAPOLITANO, Ranking
also encourage the potential use of unobli- U.S. HOUSE OF REPRESENTATIVES Member WESTERMAN, and committee
gated prior-year funds to facilitate the imple- Washington, DC, December 4, 2020. members and staff on both sides for
mentation of the mooring buoy project as soon Hon. RAÚL GRIJALVA,
their efforts in this very important
Chair, Committee on Natural Resources,
as possible and note that the Corps was in- House of Representatives, Washington, DC. piece of legislation.
strumental in completing a similar project for DEAR CHAIR GRIJALVA: Thank you for your On the Republican staff, I particu-
the placement and use of commercial-grade letter regarding S. 1811, A bill to make tech- larly want to thank the Subcommittee
mooring buoys in the Columbia River. nical corrections to the America’s Water In- on Water Resources and Environment
Various sections under Title 5 of WRDA frastructure Act of 2018, and for other pur- staff: Ian Bennitt, Jon Pawlow, and
2020 protect American assets and resources poses. I appreciate your decision to waive Victor Sarmiento. These folks have
by working to prevent the spread and promote formal consideration of the bill. worked over weekends, they have
the eradication of certain invasive species. I agree that the Committee on Natural Re-
worked over the recent holidays to
sources has valid jurisdictional claims to
The Managers intend that work conducted as certain provisions in this important legisla- help ensure that our priorities were in-
a result of this Title remain within the jurisdic- tion, and I further agree that by forgoing tact, and we could move this bill prior
tion of the involved agencies and encourage a formal consideration of the bill, the Com- to the end of Congress—at least this
collaborative approach to solutions that allows mittee on Natural Resources is not waiving year’s Congress.
each agency to utilize its expertise. Specifi- any jurisdiction over any relevant subject I thank my general counsel, Corey
cally, under section 508, the Managers intend matter. Additionally, I will support the ap- Cooke, Tara Hupman, Tyler Micheletti,
that, for those authorities which address mur- pointment of conferees from the Committee Justin Harclerode, Abby Camp, Nick
der hornets as an invasive species, the De- on Natural Resources should a House-Senate
Christensen, Jack Ruddy, and my full
conference be convened on this legislation.
partment of the Interior shall work in conjunc- Finally, this exchange of letters will be in- committee staff director, Paul Sass,
tion with the Department of Agriculture. cluded in the Congressional Record when the for their hard work on this and getting
The Managers believe lessees of rec- bill is considered on the floor. it done.
reational and other facilities at water resource Thank you again, and I look forward to Madam Speaker, I strongly urge my
development projects should have more pre- continuing to work collaboratively with the colleagues to support this bill, S. 1811,
dictability and stability with regard to their re- Committee on Natural Resources on this im- and I reserve the balance of my time.
spective lease agreements with the Corps. portant issue. Mr. DEFAZIO. Madam Speaker, I in-
The Managers are, in conjunction with enact- Sincerely,
clude in the RECORD a list of the orga-
PETER A. DEFAZIO,
ment of WRDA 2020, requesting the U.S. nizations supporting S. 1811, the Water
Chair.
Government Accountability Office (GAO) to Resources Development Act of 2020.
analyze Corps of Engineers policies related to Mr. GRAVES of Missouri. Madam
LIST OF ORGANIZATIONS SUPPORTING S. 1811,
the length of commercial concessionaire con- Speaker, I yield myself such time as I
THE WATER RESOURCES DEVELOPMENT ACT
tracts. In the interim, the Managers believe may consume. OF 2020
that the Corps should consider the use of con- Madam Speaker, some of what I say
American Association of Port Authorities,
cessionaire lease agreements for a period of today is going to be a little redundant, American Farm Bureau Federation, Amer-
not less than 25 years and not more than 50 but I think it does bear repeating. ican Great Lakes Port Association, Amer-
years, unless otherwise agreed to by the les- I do stand here in strong support of ican Petroleum Institute, American Road &
see. This effective tool will provide greater the amended version of S. 1811, which is Transportation Builders Association, Amer-
the Water Resources Development Act ican Shore and Beach Preservation Associa-
predictability and stability in the use of Corps
2020 or WRDA. The bill represents a bi- tion, American Society of Civil Engineers,
lands by the lessee. American Waterways Operators, Associated
Madam Speaker, I reserve the bal- partisan, bicameral compromise. It re-
General Contractors of America, Association
ance of my time. news our commitment to regularly
of State Floodplain Managers, California As-
HOUSE OF REPRESENTATIVES, consider water resources infrastructure sociation of Port Authorities, Coastal States
COMMITTEE ON NATURAL RESOURCES, legislation. Organization, Everglades Foundation, Flor-
Washington, DC, December 4, 2020. And I remind my House colleagues ida Department of Environmental Protec-
Hon. PETER A. DEFAZIO, and reiterate what the chairman said, tion, Grain and Feed Association of Illinois,
Chair, Committee on Transportation and Infra- we unanimously passed a bipartisan Growmark, Healing Our Waters-Great Lakes
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structure, WRDA bill out of the Committee on Coalition, Illinois Corn Growers Association,
House of Representatives, Washington, DC. Transportation and Infrastructure, and Illinois Farm Bureau, Illinois Fertilizer and
DEAR CHAIR DEFAZIO: In recognition of the Chemical Association, Illinois Soybean
we unanimously passed it on the floor
goal of expediting consideration of S. 1811, Growers, International Federation of Profes-
‘‘A bill to make technical corrections to the of the House in July. And now, 5 sional and Technical Engineers, Interstate
America’s Water Infrastructure Act of 2018, months later, we hope to do the very Council on Water Policy, Metropolitan
and for other purposes’’ the Committee on same thing after successfully negoti- Water District of Southern California, Na-
Natural Resources agrees to waive formal ating with the Senate. tional Association of Counties, National
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December 8, 2020 CONGRESSIONAL RECORD — HOUSE H6981
Conference of State Legislatures, National President Dwight David Eisenhower final Water Resources Development
Corn Growers Association, National Associa- understood that this seaway is the Act for 2020. This is a wonderful bill.
tion of Flood and Stormwater Management shortest distance to Europe, and we We have $10 billion in new water in-
Agencies, National Grain and Feed Associa-
must remember that today. frastructure authorizations in this bill.
tion, National Governors Association, Na-
tional League of Cities, National Marine Madam Speaker, I urge support for It authorizes all of the pending Chief’s
Manufacturers Association, National Parks this bipartisan bill. reports. That includes two very impor-
Conservation Association, National Stone, b 1415 tant flood risk management projects in
Sand, and Gravel Association, National my district, which has been severely
Water Resources Association, National Mr. GRAVES of Missouri. Madam harmed by persistent flooding in recent
Water Supply Alliance, National Wildlife Speaker, I yield 3 minutes to the gen- years, as evidenced by the damage from
Federation, Northwest Seaport Alliance, Or- tleman from Arkansas (Mr. Hurricanes Irma and Maria.
egon Public Ports Association, Pacific WESTERMAN), the ranking member of I would like to take this opportunity
Northwest Waterways Association, Port of the Subcommittee on Water Resources
Los Angeles, Port of Redwood City, Portland
to remind the Army Corps that it may
and the Environment. fund the construction of these projects
Cement Association, The Fertilizer Insti-
tute, The Nature Conservancy, Transpor-
Mr. WESTERMAN. Madam Speaker, out of remaining funds provided in the
tation Trades, Dept., AFL–CIO, United Asso- I thank the distinguished ranking Bipartisan Budget Act of 2018 and that
ciation of Union Plumbers and Pipefitters, member from Missouri for his leader- construction of such projects in the
United Steelworkers, U.S. Chamber of Com- ship on continuing the biennial consid- Virgin Islands, as well as in Puerto
merce, U.S. Conference of Mayors, Water- eration for the Water Resources Devel- Rico, with funds provided under that
ways Council, Inc. opment Act. act shall be conducted at full Federal
Mr. DEFAZIO. Madam Speaker, I Today, I rise in strong support of S. expense.
yield 2 minutes to the gentlewoman 1811, the Water Resources Development This bill also contains a long-sought
from Ohio (Ms. KAPTUR), the chair of Act of 2020. WRDA 2020 will strengthen reauthorization of projects for naviga-
the Energy and Water Development, our Nation’s ability to withstand se- tion in the harbors of St. Thomas and
and Related Agencies. vere weather and flood events, author- Christiansted, St. Croix. The reauthor-
Ms. KAPTUR. Madam Speaker, I ize the construction of key water infra- ization of these projects for navigation
thank Chair DEFAZIO. structure projects throughout the Na- will provide the harbors access to Fed-
Madam Speaker, I rise in strong sup- tion, create jobs here at home, and di- eral resources for maintenance dredg-
port of the Water Resources Develop- rectly contribute to our economic ing and improvements to navigational
ment Act. growth and competitiveness. systems, which will allow them to ac-
There is no question that Chairman All 60 project authorizations con- commodate more and larger cruise
DEFAZIO and Chairwoman NAPOLITANO tained in WRDA 2020 were proposed by ships over the long term, thereby bet-
have worked tirelessly over the last non-Federal sponsors and underwent a ter competing in a competitive Carib-
year—and probably longer—to get this rigorous planning process before con- bean market. This is a very strong bill
bill to the finish line. This bill delivers gressional review. for the ports and harbors of the United
for our Nation’s crumbling water infra- This WRDA bill focuses on building States.
structure. more resilient infrastructure, increas- Lastly, this bill is probably the most
Madam Speaker, S. 1811 enjoys broad ing rural flood protection, addressing progressive bill in a generation in
bipartisan support because it pays at- the maintenance backlog at our Na- terms of directing the Army Corps to-
tention to the unique and particular tion’s ports and harbors, and ward greater resiliency of future water
needs of the different regions of our di- prioritizing our Nation’s inland water- resources development projects. It in-
verse Nation. The package includes ways. cludes several provisions to modernize
provisions to protect 90 percent of The House passed WRDA by voice how the Corps develops future projects
North America’s surface fresh water on vote nearly 5 months ago, continuing to make sure that it is better able to
our Great Lakes. This includes a spe- the strong bipartisan tradition that deal with issues of climate change and
cific authorization of the invasive spe- WRDA enjoys. extreme wet weather events.
cies control system at Brandon Road After negotiations with the Senate, I All in all, this is a significant invest-
Lock and Dam. The project serves a am glad to support this compromise ment in water resources infrastructure,
unique national role, and once com- bill, which contains nearly all of our and I urge my colleagues to support
pleted, will serve as a bulwark for pre- Chamber’s priorities. this legislation.
venting Asian carp and other invasive S. 1811 is fiscally responsible, with Mr. GRAVES of Missouri. Madam
species from threatening the fragile new project authorizations fully offset Speaker, I yield 1 minute to the gen-
ecosystem of our Great Lakes and its by deauthorizations of projects that tleman from Texas (Mr. BABIN).
$7 billion fishery. are outdated or no longer viable. Mr. BABIN. Madam Speaker, if
Madam Speaker, today’s authoriza- Again, I want to stress that this leg- southeast Texas is going to continue as
tion marks an important milestone for islation represents the continuing com- the global leader in creating reliable,
protecting the Great Lakes rec- mitment to regular order for consider- affordable energy, we must modernize
reational fishing industry. Our region ation of water resources projects. Reg- and improve our water infrastructure.
has advocated to include this author- ularly overseeing the improvement of My district has four ports, including
ization for nearly a decade. And since our Nation’s infrastructure is one of the main terminal of the Port of Hous-
2010, when Congress authorized the the most important responsibilities of ton, as well as the Houston Ship Chan-
Great Lakes Interbasin Study, our del- Congress. nel, which is the busiest U.S. deep-
egation searched for a long-term and This is a good, commonsense, and bi- draft waterway and the top exporting
basin-wide solution to the predatory partisan bill. I want to recognize the port in the Nation.
Asian carp. great work of our subcommittee staff, The provisions of 2020’s WRDA to
I commend the committee for embed- Ian, John, and Victor. I also want to dredge, widen, and improve two-way
ding resiliency into the Corps planning thank Chairman DEFAZIO and Chair- traffic on the Houston Ship Channel is
processes and for investing to rebuild man NAPOLITANO for their partnership a product of hard work and collabora-
and advance the Nation’s water infra- in its creation. tion over the last several years. This
structure for the 21st century. I urge all Members to support S. 1811. major accomplishment is the corner-
Finally, the bill adds the words Mr. DEFAZIO. Madam Speaker, I stone for a more efficient, safe, and
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‘‘Great Lakes’’ to the name of the yield 2 minutes to the gentlewoman productive waterway for everyone.
Saint Lawrence Seaway Development from the Virgin Islands (Ms. However, I recognize that there is
Corporation, and I look forward to PLASKETT). still more work to be done. It is not an
working with my colleagues to shine a Ms. PLASKETT. Madam Speaker, I exaggeration to say that by spending a
light on the Seaway’s unique role in extend my congratulations to the com- million dollars today on hurricane and
unleashing the economic potential of mittee leaders for successfully reach- flood prevention infrastructure, we are
the region and the Nation. ing an agreement with the Senate on a saving a billion dollars in damages
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H6982 CONGRESSIONAL RECORD — HOUSE December 8, 2020
down the road from another storm like Mr. GRAVES of Missouri. Madam Mr. ZELDIN. Madam Speaker, I rise
Hurricane Harvey. Speaker, I yield 1 minute to the gen- in strong support of this measure,
Thankfully, this bill contains numer- tleman from Florida (Mr. MAST). which prioritizes six key projects for
ous provisions for me and my col- Mr. MAST. Madam Speaker, I thank New York’s First Congressional Dis-
leagues on both sides of the aisle that Ranking Member GRAVES and Chair- trict, a district almost completely sur-
address these critical needs. man DEFAZIO for their work and the rounded by water.
I wish to thank Ranking Member committee staff for their work on this On the east end of Long Island, we
GRAVES as well as Chairman DEFAZIO, piece of legislation. have a unique responsibility to safe-
Mr. WESTERMAN, and Mrs. NAPOLITANO. Water is the lifeblood of Florida, and guard our local waterways, from bol-
Passing legislation like this one today there is not a more important piece of stering our local maritime infrastruc-
will bring great benefit to southeast legislation to our State or to our com- ture to managing future storm risks.
Texas and the entire country. munity, my community specifically, Working with my colleagues on both
Mr. DEFAZIO. Madam Speaker, I because of the work that this bill does. sides of the aisle and the Army Corps
yield 1 minute to the gentleman from The Water Resources Development
team at its New York district office,
Texas (Mr. CUELLAR). Act demands that the Army Corps of
this bill prioritizes local projects that
Mr. CUELLAR. Madam Speaker, I Engineers rewrite protocols that they
are vital to my congressional district.
want to thank Chairman DEFAZIO for have that allow them to poison my
community, demands that they accel- The Fire Island to Montauk Point
his leadership, his staff for working project includes essential dredging and
hard on this particular bill, and the erate construction of the hugely impor-
tant EAA Reservoir, demands that shoreline projects over 83 miles of
ranking member and his staff for doing coastline. Coastal storm risk manage-
this. they move more water into Florida’s
Everglades where it is needed because ment for Hashamomuck Cove in
I want to talk about one project that Southold is included, where, right now,
got added, and that is the Chacon they are dying because of lack of
water. local residents, businesses, and first re-
Creek in Laredo, Texas. This is a sponders are paralyzed even during a
project that we have been working on This piece of legislation is vital to
our State. I would absolutely argue severe thunderstorm.
for many years with the city of Laredo. Additionally, this legislation author-
Now, this will provide the flood con- there is nothing more important to our
State, and I couldn’t thank enough the izes a feasibility study for a project at
trol, the work that we need to do, that Wading River Creek in Riverhead and
starts off from Lake Casa Blanca all chairman, the ranking member, and all
the staff for all of their work on this expedites feasibility studies for
the way to the Rio Grande, miles of projects at Reel Point Preserve and
area that will provide not only for the very important piece of legislation.
Mr. DEFAZIO. Madam Speaker, I re- Shelter Island, Goldsmith Inlet in
environment but also for the quality of Southold, and Lake Montauk Harbor in
serve the balance of my time.
life for Laredo. Mr. GRAVES of Missouri. Madam Montauk.
I want to thank Chairman DEFAZIO Continuing to safeguard and invest in
Speaker, I yield 2 minutes to the gen-
so much for his great work, and we ap- our maritime infrastructure will help
tlewoman from Puerto Rico (Miss
preciate him in Laredo, Texas. preserve Long Island’s way of life for
GONZÁLEZ-COLÓN).
Mr. GRAVES of Missouri. Madam Miss GONZÁLEZ-COLÓN of Puerto generations to come.
Speaker, I yield 1 minute to the gen- Rico. Madam Speaker, I rise in strong Madam Speaker, I urge my col-
tleman from North Carolina (Mr. support of WRDA 2020. leagues to support this legislation, and
ROUZER). This bill increases the authorized I thank the chair and ranking member
Mr. ROUZER. Madam Speaker, I rise cost of the Cano Martin Pena Eco- for their leadership in making this a
in support of the Water Resources De- system Restoration Project, rep- reality.
velopment Act of 2020. resenting the fully funded cost esti-
Our Nation’s inlets, waterways, har- Mr. DEFAZIO. Madam Speaker, I re-
mate at fiscal year 2020 levels. This serve the balance of my time.
bors, ports, and beaches are critical project was authorized in 2007, prior to
components of our national infrastruc- Mr. GRAVES of Missouri. Madam
completing the feasibility phase and Speaker, I yield 1 minute to the gen-
ture, supporting countless local econo- without updated costs. That is the rea-
mies all across the country. tleman from New York (Mr. JACOBS).
son it is so important for me. This Mr. JACOBS. Madam Speaker, I rise
My district, which includes the change reflects the reality of costs and
southern portion of the North Carolina in support of the Water Resources De-
supports the project moving forward. velopment Act, which is critical to dis-
coast, relies on this biennial, bipar- This bill also authorizes flood risk
tisan bill to maintain and improve our tricts with significant shorelines, like
management projects for Rio mine.
resource projects. Culebrinas, Rio Guayanilla, and Rio
I would like to thank the Army Corps I am especially pleased to see the
Grande de Manati in the municipalities
of Engineers for their work in support Great Lakes Coastal Resiliency Study
of Aguada, Aguadilla, Guayanilla, and
of the coastal storm damage reduction included in this bill. High water levels
Ciales. Authorization is a firm step in
projects at Wrightsville Beach, as well on Lake Erie, and especially on Lake
the right direction as we work with
as Carolina and Kure Beaches. Their Ontario, are a major concern to com-
stakeholders to restore these rivers
team and mine work together con- munities in our region. Homeowners
and improve flood protection and the
stantly to ensure that the right deci- and business owners along Lake On-
health and economic opportunities of
sions are made and executed. tario have suffered significant flooding
island residents.
I want to especially thank the chair- I would like to thank Chairman and devastating property damage over
man and the ranking member for their DEFAZIO and Ranking Member GRAVES the last few years. This study will in-
work and commitment to keep this leg- and their staff for working alongside form those projects and policies that
islation a good, bipartisan product of my office to secure those provisions. will mitigate high water levels and,
the committee. I particularly appre- I also want to thank them for includ- hopefully, prevent future flooding of
ciate their willingness to work with me ing the current mapping of all coasts the kind suffered recently.
to address the needs of our coastal that are experiencing rapid change. I would also like to thank our leaders
communities and the infrastructure so That means that Alaska, Hawaii, and in the House, Ranking Member SAM
important to North Carolina’s econ- many of the territories are going to be GRAVES and Chairman PETER DEFAZIO,
omy. I also want to thank the staff of included in that provision. for the bipartisan work they have done
SSpencer on DSK126QN23PROD with HOUSE
the majority and minority for the Madam Speaker, I urge my col- on this legislation. The bipartisan
many hours they have worked to make leagues to vote in favor of the bill. work in the committee on WRDA is al-
this day possible. Mr. DEFAZIO. Madam Speaker, I re- ways welcome and a strong example of
Madam Speaker, I urge my col- serve the balance of my time. the way business can be conducted
leagues to support the bill. Mr. GRAVES of Missouri. Madam here.
Mr. DEFAZIO. Madam Speaker, I re- Speaker, I yield 2 minutes to the gen- Madam Speaker, I urge my col-
serve the balance of my time. tleman from New York (Mr. ZELDIN). leagues to vote in favor of S. 1811.
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December 8, 2020 CONGRESSIONAL RECORD — HOUSE H6983
b 1430 strong principles and priorities from neers (Corps) for their funding of the Dallas
Mr. GRAVES of Missouri. Madam the House bill. Flood way, Dallas Flood way Extension flood
Speaker, I yield 3 minutes to the gen- Madam Speaker, I would just like to risk management projects and Lewisville Dam
tleman from Illinois (Mr. RODNEY say, as well, that it has been a pleasure repairs and their continued efforts to complete
DAVIS). working with Chairman DEFAZIO and these projects quickly. I look forward to con-
Mr. RODNEY DAVIS of Illinois. his staff in this process, and this is the tinuing to hear good reports on the progress of
Madam Speaker, I thank my good way that the Committee on Transpor- these projects. I am pleased that the Corp is
friend, the ranking member. I didn’t re- tation and Infrastructure usually moving forward with these projects.
alize I was delaying his closing state- works; and when it does work this way, Please allow me to note that it is helpful for
ment. I am interested in hearing it, we produce really good products. the Corps to accept input from non-federal
This is a good piece of legislation, sponsors in the development of WRDA guid-
too.
And then we are going to compare and, hopefully, we will see much more ance. The Corps, working with local non-fed-
beards together after this; right? I am of that in the future. I know I am com- eral sponsors instead of developing guidance
going to lose, I know, because he is the mitted to it, and I think it makes a big independently, will result in more resilient
ranking member. That is what hap- difference. projects with multiple benefits. The role of re-
Madam Speaker, I urge all Members siliency in the construction, operation and
pens.
to join me in supporting this bipartisan maintenance of projects carried out by the
Madam Speaker, I do want to say a
legislation, and I yield back the bal- U.S. Army Corps of Engineers (Corps) must
heartfelt thank-you and congratula-
ance of my time. continue to be a priority.
tions to Ranking Member GRAVES. This Mr. DEFAZIO. Madam Speaker, I
is a testament to his leadership for our The Dallas area falls within the South-
yield myself such time as I may con- western Division of the Army Corps of Engi-
side on this committee that we have sume.
come here to see such bipartisanship neers. Flooding and flood control continue to
Madam Speaker, as has been said and
when it comes to the Water Resources be issues that are ever-present on the minds
doesn’t need to be repeated, this is a
Development Act. of residents along the Trinity River. I have
fully bipartisan bill, and it does make
Madam Speaker, I do also want to held several meetings on flooding in the Dal-
essential investments in water infra-
thank Chairman DEFAZIO for his hard structure that will impact virtually las area to address this issue and hope to
work. This is something that we have every State and territory of the United continue to work with the Corp to combat
seen over my time in Congress. My States of America. flooding in Dallas.
first term, I was blessed enough to be As a great maritime nation, we can’t Other parts of North Texas have also bene-
appointed to the conference committee afford not to make these investments; fited from projects included in previous
that got us on track for getting WRDA and hopefully it will be added, without versions of WRDA legislation. The projects ad-
together on a biennial process. change, to the omnibus year-end deal, dressing pump stations and levy heights in
Chairman DEFAZIO and Ranking or the Senate could perhaps take it up Dallas, along with bridge projects in Ft. Worth
Member GRAVES, these are the guys under unanimous consent since I don’t would not be where they are today without the
who helped lead the teams to put this think anyone would object to it over Corps and this legislation.
successful effort together. there. One way or another, hopefully, Madam Speaker, the Dallas-Fort Worth
And the chairman, I am sure, is prob- it will get done. Metroplex is growing at a quite rapid pace and
ably surprised. I haven’t been one to Madam Speaker, I would like to be this updated legislation will help to provide
stand up and talk about bipartisanship more specific in thanking staff for this adequate water and wastewater infrastructure
in this Congress as much as I would legislation. There was quite a lengthy to meet the demands, given the rapid pace of
have liked, but today is that day to negotiation. growth and development in our area. Further-
celebrate, and he needs to be com- The Senate never individually passed more, the bill will help in addressing mainte-
mended for his leadership, and I am ex- the bill. We had to negotiate the whole nance needs, replacing aging infrastructure,
cited that we see this success when it bill with the Senate, and Ryan Seiger and help in accounting for human behavior in
comes to WRDA. led the team—he did a great job— all aspects of our water system—from sewer
This legislation is important to my Camille Touton, Navis Bermudez, and overflows, to promoting water conservation
district because I represent the Illinois Alexa Williams; and on the Republican through drought tolerant outdoor landscaping.
and Mississippi waterways, the naviga- side, Ian Bennitt, Jon Pawlow, and Vic- Lastly, I want to thank the committee for
tion projects that make sure that glob- tor Sarmiento. working with me to include language in the bill
al commerce gets from my district out Then the unseen heroes behind all regarding the embankment of Lake Waco, on
into the global marketplace. the good work here in the House are which Lake Shore Drive is located, so that we
Without proper policies governing those who work in the Office of Legis- may keep the public safe from danger. We
the Corps of Engineers and projects lative Counsel, and too often we over- were able to work with the Senate on lan-
that are so important to my district, look how critical they are to writing guage that was direct and clear. It is very en-
we wouldn’t be able to be as successful, good legislation. couraging to know that we can continue to
economically. This is the reason why I Sometimes I am amazed at the work in a bipartisan way to work with the com-
am so excited that we see this bipar- things that are introduced and that are mittee to ensure that Lakeshore Drive is not a
tisan effort. gibberish, to put it mildly. Kakuti Lin safety hazard.
Madam Speaker, I urge a hearty and all her colleagues, thank you very Madam Speaker, the projects I just men-
‘‘yes’’ vote and passage on this bill, and much for your tremendous work on tioned are a tiny piece of the multitude of
I thank every one of my colleagues who this, and it will be a great benefit to projects the Army Corps of Engineers works
helped get us to this point. Madam the Nation. on to help address the water needs of the
Speaker, I certainly look forward to an Madam Speaker, I yield back the bal- United States and its residents. Every Amer-
overwhelming vote in the House today ance of my time. ican is impacted by this legislation and I urge
or later this week. Ms. JOHNSON of Texas. Madam Speaker, my colleagues to support it.
Mr. GRAVES of Missouri. Madam I rise in strong support of S 1811, the Water Mrs. NAPOLITANO. Madam Speaker, I rise
Speaker, I yield myself such time as I Resources Development Act. I would like to in strong support of S. 1811, the Water Re-
may consume. thank Chairman DEFAZIO and my fellow col- sources Development Act of 2020. Today’s
Madam Speaker, in closing, let me leagues on the House Transportation and In- vote is on the bipartisan, bicameral WRDA
note that WRDA 2020 will make Amer- frastructure Committee, along with my col- agreement by House and Senate Committee
ica more competitive, grow jobs, foster leagues in the Senate, for their diligent work to leaders. I want to particularly thank Chairman
SSpencer on DSK126QN23PROD with HOUSE
a more robust economy, and, very im- produce this much needed water resources DEFAZIO, Ranking Member GRAVES, Sub-
portantly, it is going to protect our bill. Everyone is the U.S. is impacted by the committee Ranking Member WESTERMAN and
communities for years to come. need for clean water and I believe this bill the Members of the Transportation and Infra-
We passed a very similar bill by voice takes a giant step forward to ensuring this be- structure Committee for their important work
vote earlier this year, and this version comes a reality for every American. over the past 2 years on this bill.
reflects negotiations with the Senate Within my district, The City of Dallas is ap- The Water Resources Development Act is
that successfully maintained those preciative to the U.S. Army Corps of Engi- our legislative commitment to investing in
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H6984 CONGRESSIONAL RECORD — HOUSE December 8, 2020
Corps projects that help to protect our commu- committee Vice Chair DEBBIE MUCARSEL-POW- the San Francisco Bay to Stockton Navigation
nities from flooding events, restore our envi- ELL, for her leadership on WRDA and espe- Improvement Project, Lower Cache Creek
ronment and ecosystems, and keep our na- cially all things Florida. Flood Risk Management Project, and Sutter
tion’s competitiveness by investing in our ports Thank you to the leadership at the U.S. Bypass and Sacramento River Basin Flood-
and harbors. Army Corps of Engineers, ASA James, Gen- plain Management Project. I look forward to
The projects considered in this legislation eral Spellmon, Retired General Semonite, Al securing Congressional authorization for these
are truly from Sea to Shining Sea—from the Lee and the Senior Executive Service team, projects once the Army Corps completes the
Unalaska (Dutch Harbor) Project in Alaska, to and Corps Counsel. I would especially like to requisite feasibility studies.
the Yuba River Ecosystem Restoration in Cali- thank Corps Futures Team—David Working with Rep. DORIS O. MATSUI (CA–
fornia, the Matagorda Ship Channel project in Wethington, Laura Powell, and Andrea Busch, 06), I secured inclusion of our ‘‘Yolo Bypass
Texas, to the New York and New Jersey An- for their time and partnership in answering our System Improvement Act’’ in WRDA 2020 to
chorages. questions to the nearly 1,100 submissions we improve coordinated planning for all restora-
Through biennial enactment of WRDA legis- received for WRDA 2020. tion projects and federal permitting in the Yolo
lation, the Congress has addressed local, re- I am very fortunate to have some of the Bypass.
gional, and national needs through authoriza- best water and port leaders in the country in Lastly, I am very pleased that the new Army
tion of new Corps projects, studies, and poli- my district and Southern California who pro- Corps harmful algal bloom program estab-
cies that benefit every corner of the nation. vided valuable input for this bill, including Col. lished under WRDA 2020 includes the Cali-
WRDA 2020 is no exception. Julie Balten, Col. Aaron Barta and David Van fornia Delta as a focus area. This will better
I would particularly like to recognize Chair- Dorpe of the Los Angeles District, Los Ange- protect the Delta’s precious ecosystem from
man DEFAZIO for his continued efforts to les County Supervisor Hilda Solis, Los Ange- toxic algal blooms.
unlock the Harbor Maintenance Trust Fund les County Public Works Director Mark The House report for WRDA 2020 includes
and his partnership in ensuring that all ports Pestrella, Los Angeles City Mayor Eric my amendment directing the Army Corps to
receive the tools they need in the future. Garcetti, Los Angeles Port Director Gene report to Congress on implementation of the
My region is home to the largest ports in the Seroka, Long Beach Port Director Mario Small Business Act across all the Corps’ mis-
nation, the Port of Los Angeles and the Port Cordero, Metropolitan Water District Board sions. This strengthens Congressional over-
of Long Beach. These ports handle over 40 Chair Gloria Grey, and San Gabriel Basin sight over the Corps’ contracting process and
percent of the exports and imports into the Watermaster Tony Zampiello. ensures that the Small Business Act is imple-
United States. Los Angeles and Long Beach Madam Speaker, I would particularly like to mented fully in an equitably distributed man-
have invested billions of dollars of their own thank the Subcommittee Ranking Member ner, as intended by Congress.
money to upgrade their infrastructure for the BRUCE WESTERMAN for his friendship and I want to extend a special appreciation to
benefit of the entire nation. But the success of collegiality through the hearings, meetings and my colleague Rep. GRACE F. NAPOLITANO
the Ports of Los Angeles and Long Beach are roundtables which led to this bipartisan ac- (CA–32), chairwoman of the Subcommittee on
only as strong as their partnership with the complishment. And most importantly, I would Water Resources and Environment, for her
federal government. like to thank the incredible water sub- tireless work in this WRDA for the entire Cali-
As part of this legislation, donor ports like committee staff, including Alexa Williams, fornia delegation. WRDA 2020 ensures that
the Ports of Los Angeles and Long Beach will Camille Touton, Navis Bermudez, Ryan Army Corps projects in California requiring
benefit from a greater share of the Harbor Seiger, Victor Sarmiento, Jon Pawlow, and Ian earthquake-resistance and other seismic safe-
Maintenance Trust Fund. Expanded in-water Bennitt. ty costs remain equally competitive for federal
uses that are crucial to the navigation of the I urge my colleagues to support WRDA funding compared to projects in other states.
federal channel are now eligible. Seismic im- 2020. I urge all Members of Congress to support
pacts will also be considered as part of the Mr. GARAMENDI. Madam Speaker, I rise in this bipartisan WRDA 2020, which is expected
benefit-cost ratio for navigation projects. strong support of the final ‘‘Water Resources to be signed into law this year. This two-year
I am also proud of the provisions in WRDA Development Act of 2020’’ (S. 1811). Working authorization bill provides the federal support
that look to study water supply as a primary with other members of the Committee on and certainty needed to keep Army Corps
purpose of the Corps. We in the West are in Transportation and Infrastructure, I am very projects across California on time and on
a continuous fight against drought, and we pleased to reach agreement with the Senate budget.
have remarkable Corps reservoirs that were on a truly bipartisan bill and the fourth biennial The SPEAKER pro tempore. The
built for flood control but can be used more ef- Water Resources Development Act (WRDA) to question is on the motion offered by
fectively for local water supply. The Corps is be passed by Congress since 2014. the gentleman from Oregon (Mr. DEFA-
adapting to these local needs in the West, and My Congressional district includes 200 miles ZIO) that the House suspend the rules
this bill will give the Corps more ability and of the Sacramento River and is adjacent to and pass the bill, S. 1811, as amended.
focus on addressing long-term water reliability several major ports. WRDA 2020 includes key The question was taken; and (two-
of arid communities. provisions for the California Delta and Central thirds being in the affirmative) the
The bill also includes important assistance Valley to authorize and expedite construction rules were suspended and the bill, as
to socio-economically disadvantaged urban of flood protection and aquatic ecosystem res- amended, was passed.
and rural areas by requiring the Corps to work The title of the bill was amended so
toration projects, address harmful algal
more directly with local leaders and residents as to read: ‘‘A bill to provide for im-
blooms, and give local agencies greater flexi-
on Corps projects and provide positive im- provements to the rivers and harbors of
bility in using federal Army Corps funds to bet-
pacts to these communities. This will build the United States, to provide for the
ter meet local needs. Under Chairman DEFA-
long-term resiliency for economic develop- conservation and development of water
ZIO’s leadership, the bill finally fixes the Harbor
ment, environmental and health improve- and related resources, and for other
Maintenance Trust Fund to ensure that re-
ments, and clean and safe water resource purposes.’’.
gional dredging and navigation projects are A motion to reconsider was laid on
projects. fully funded. the table.
Lastly, this bill includes language necessary I secured Congressional authorization for
for my district and wildfire prone regions of the the Delta Islands and Levees Ecosystem Res- f
country to improve efforts by the Corps to re- toration Project, Yuba River Ecosystem Res- ROUTE 66 CENTENNIAL
move unauthorized, human-made flammable toration Project, and Sacramento Regional COMMISSION ACT
equipment and materials from Corps property. Groundwater Bank in WRDA 2020. These Mr. DEFAZIO. Madam Speaker, I
This year there was an illegal fire on Corps projects provide critical flood protection and move to suspend the rules and pass the
property in my district that led to a major wild- make local communities across the Central bill (S. 1014) to establish the Route 66
fire evacuating hundreds of residents and Valley more resilient to climate change.
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Centennial Commission, and for other
coming close to damaging property and harm- I also secured deauthorization of the Sac- purposes.
ing our community. The language in this bill, ramento Riverbed Gradient Restoration Facil- The Clerk read the title of the bill.
in addition to efforts to increase Corps fund- ity and Western Pacific Interceptor Canal, re- The text of the bill is as follows:
ing, will go a long way to helping the Corps re- turning these former Army Corps projects to S. 1014
move these fire hazards. full local control. Be it enacted by the Senate and House of Rep-
I would like to thank the many people who WRDA 2020 also expedites completion of resentatives of the United States of America in
have helped this bill become a reality: Sub- the Army Corps’ feasibility studies needed for Congress assembled,
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