In the Senate of the United States,
July 28, 2022.
Resolved, That the bill from the House of Representatives (H.R. 7776) entitled “An Act to provide for improvements to the rivers and harbors of the United States, to provide for the conservation and development of water and related resources, and for other purposes.”, do pass with the following
AMENDMENT:
(b) Table of contents.—The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
Sec. 101. Scope of feasibility studies.
Sec. 102. Shoreline and riverbank protection and restoration mission.
Sec. 103. Inland waterway projects.
Sec. 104. Protection and restoration of other Federal land along rivers and coasts.
Sec. 105. Policy and technical standards.
Sec. 106. Planning assistance to States.
Sec. 107. Floodplain management services.
Sec. 108. Workforce planning.
Sec. 109. Credit in lieu of reimbursement.
Sec. 110. Coastal cost calculations.
Sec. 111. Advance payment in lieu of reimbursement for certain Federal costs.
Sec. 112. Use of emergency funds.
Sec. 113. Research and development.
Sec. 114. Tribal and Economically Disadvantaged Communities Advisory Committee.
Sec. 115. Non-Federal Interest Advisory Committee.
Sec. 116. Underserved community harbor projects.
Sec. 117. Corps of Engineers Western Water Cooperative Committee.
Sec. 118. Updates to certain water control manuals.
Sec. 119. Sense of Congress on operations and maintenance of recreation sites.
Sec. 120. Relocation assistance.
Sec. 121. Reprogramming limits.
Sec. 122. Lease durations.
Sec. 123. Sense of Congress relating to post-disaster repairs.
Sec. 124. Payment of pay and allowances of certain officers from appropriation for improvements.
Sec. 125. Reforestation.
Sec. 126. Use of other Federal funds.
Sec. 127. National low-head dam inventory.
Sec. 128. Transfer of excess credit.
Sec. 129. National levee restoration.
Sec. 130. Inland waterways regional dredge pilot program.
Sec. 131. Funding to process permits.
Sec. 132. Non-Federal project implementation pilot program.
Sec. 133. Cost sharing for territories and Indian Tribes.
Sec. 134. Water supply conservation.
Sec. 135. Criteria for funding operation and maintenance of small, remote, and subsistence harbors.
Sec. 136. Protection of lighthouses.
Sec. 137. Expediting hydropower at Corps of Engineers facilities.
Sec. 138. Materials, services, and funds for repair, restoration, or rehabilitation of certain public recreation facilities.
Sec. 139. Dredged material management plans.
Sec. 140. Lease deviations.
Sec. 141. Columbia River Basin.
Sec. 142. Continuation of construction.
Sec. 201. Authorization of feasibility studies.
Sec. 202. Special rules.
Sec. 203. Expedited completion of studies.
Sec. 204. Studies for periodic nourishment.
Sec. 205. NEPA reporting.
Sec. 206. GAO audit of projects over budget or behind schedule.
Sec. 207. GAO study on project distribution.
Sec. 208. GAO audit of joint costs for operations and maintenance.
Sec. 209. GAO review of Corps of Engineers mitigation practices.
Sec. 210. Sabine–Neches Waterway Navigation Improvement project, Texas.
Sec. 211. Great Lakes recreational boating.
Sec. 212. Central and Southern Florida.
Sec. 213. Investments for recreation areas.
Sec. 214. Western infrastructure study.
Sec. 215. Upper Mississippi River and Illinois Waterway System.
Sec. 216. West Virginia hydropower.
Sec. 217. Recreation and economic development at Corps facilities in Appalachia.
Sec. 218. Automated fee machines.
Sec. 219. Lake Champlain Canal, Vermont and New York.
Sec. 220. Report on concessionaire practices.
Sec. 301. Additional assistance for critical projects.
Sec. 302. Southern West Virginia.
Sec. 303. Northern West Virginia.
Sec. 304. Local cooperation agreements, northern West Virginia.
Sec. 305. Special rule for certain beach nourishment projects.
Sec. 306. Coastal community flood control and other purposes.
Sec. 307. Modifications.
Sec. 308. Port Fourchon, Louisiana, dredged material disposal plan.
Sec. 309. Delaware shore protection and restoration.
Sec. 310. Great Lakes advance measures assistance.
Sec. 311. Rehabilitation of existing levees.
Sec. 312. Pilot program for certain communities.
Sec. 313. Rehabilitation of Corps of Engineers constructed pump stations.
Sec. 314. Chesapeake Bay environmental restoration and protection program.
Sec. 315. Evaluation of hydrologic changes in Souris River Basin.
Sec. 316. Memorandum of understanding relating to Baldhill Dam, North Dakota.
Sec. 317. Upper Mississippi River restoration program.
Sec. 318. Harmful algal bloom demonstration program.
Sec. 319. Colleton County, South Carolina.
Sec. 320. Arkansas River corridor, Oklahoma.
Sec. 321. Abandoned and inactive noncoal mine restoration.
Sec. 322. Asian carp prevention and control pilot program.
Sec. 323. Forms of assistance.
Sec. 324. Debris removal, New York Harbor, New York.
Sec. 325. Invasive species management.
Sec. 326. Wolf River Harbor, Tennessee.
Sec. 327. Missouri River mitigation, Missouri, Kansas, Iowa, and Nebraska.
Sec. 328. Invasive species management pilot program.
Sec. 329. Nueces County, Texas, conveyances.
Sec. 330. Mississippi Delta Headwaters, Mississippi.
Sec. 331. Ecosystem restoration, Hudson–Raritan Estuary, New York and New Jersey.
Sec. 332. Timely reimbursement.
Sec. 333. New Savannah Bluff Lock and Dam, Georgia and South Carolina.
Sec. 334. Lake Tahoe Basin restoration, Nevada and California.
Sec. 335. Additional assistance for Eastern Santa Clara Basin, California.
Sec. 336. Tribal partnership program.
Sec. 337. Surplus water contracts and water storage agreements.
Sec. 338. Copan Lake, Oklahoma.
Sec. 339. Enhanced development program.
Sec. 340. Ecosystem restoration coordination.
Sec. 341. Acequias irrigation systems.
Sec. 342. Rogers County, Oklahoma.
Sec. 343. Water supply storage repair, rehabilitation, and replacement costs.
Sec. 344. Non-Federal payment flexibility.
Sec. 345. North Padre Island, Corpus Christi Bay, Texas.
Sec. 346. Waiver of non-Federal share of damages related to certain contract claims.
Sec. 347. Algiers Canal Levees, Louisiana.
Sec. 348. Israel River ice control project, Lancaster, New Hampshire.
Sec. 349. City of El Dorado, Kansas.
Sec. 350. Upper Mississippi River protection.
Sec. 351. Regional Corps of Engineers Office, Corpus Christi, Texas.
Sec. 352. Pilot program for good neighbor authority on Corps of Engineers land.
Sec. 353. Southeast Des Moines, Southwest Pleasant Hill, Iowa.
Sec. 354. Middle Rio Grande flood protection, Bernalillo to Belen, New Mexico.
Sec. 355. Comprehensive Everglades Restoration Plan, Florida.
Sec. 356. Maintenance dredging permits.
Sec. 357. Puget Sound nearshore ecosystem restoration, Washington.
Sec. 358. Tribal assistance.
Sec. 359. Recreational opportunities at certain projects.
Sec. 360. Rehabilitation of Corps of Engineers constructed dams.
Sec. 361. South Florida Ecosystem Restoration Task Force.
Sec. 362. New Madrid County Harbor, Missouri.
Sec. 363. Trinity River and tributaries, Texas.
Sec. 364. Rend Lake, Carlyle Lake, and Lake Shelbyville, Illinois.
Sec. 365. Federal assistance.
Sec. 366. Land transfer and trust land for Choctaw Nation of Oklahoma.
Sec. 367. Lake Barkley, Kentucky, land conveyance.
Sec. 401. Project authorizations.
Sec. 402. Storm damage prevention and reduction, coastal erosion, and ice and glacial damage, Alaska.
Sec. 403. Expedited completion of projects.
Sec. 404. Special rules.
Sec. 405. Chattahoochee River program.
Sec. 406. Lower Mississippi River Basin demonstration program.
Sec. 407. Forecast-informed reservoir operations.
Sec. 408. Mississippi River mat sinking unit.
Sec. 409. Sense of Congress relating to Okatibbee Lake.
(a) Flood and coastal storm risk management.—In carrying out a feasibility study for a project for flood or coastal storm risk management, the Secretary, at the request of the non-Federal interest for the study, shall formulate alternatives to maximize net benefits from the reduction of the comprehensive flood risk that is identified through a holistic evaluation of the isolated and compound effects of—
(b) Water supply, water supply conservation, and drought risk reduction.—In carrying out a feasibility study for any purpose, the Secretary, at the request of the non-Federal interest for the study, shall formulate alternatives—
(a) Declaration of policy.—Congress declares that—
(1) consistent with the civil works mission of the Corps of Engineers, it is the policy of the United States to protect and restore the shorelines, riverbanks, and streambanks of the United States from the damaging impacts of extreme weather events and other factors contributing to the vulnerability of coastal and riverine communities and ecosystems;
(2) the Chief of Engineers shall give priority consideration to the protection and restoration of shorelines, riverbanks, and streambanks from erosion and other damaging impacts of extreme weather events in carrying out the civil works mission of the Corps of Engineers;
(3) to the maximum extent practicable, projects and measures for the protection and restoration of shorelines, riverbanks, and streambanks shall be formulated to increase the resilience of such shores and banks from the damaging impacts of extreme weather events and other factors contributing to the vulnerability of coastal and riverine communities and ecosystems using measures described in section 1184(a) of the Water Resources Development Act of 2016 (33 U.S.C. 2289a(a)); and
(4) to the maximum extent practicable, periodic nourishment shall be provided, in accordance with subsection (c) of the first section of the Act of August 13, 1946 (60 Stat. 1056, chapter 960; 33 U.S.C. 426e(c)), and subject to section 156 of the Water Resources Development Act of 1976 (42 U.S.C. 1962d–5f), for projects and measures carried out for the purpose of restoring and increasing the resilience of ecosystems to the same extent as periodic nourishment is provided for projects and measures carried out for the purpose of coastal storm risk management.
(b) Shoreline and riverine protection and restoration.—
(1) IN GENERAL.—Section 212 of the Water Resources Development Act of 1999 (33 U.S.C. 2332) is amended—
(A) in the section heading, by striking “Flood mitigation and riverine restoration program” and inserting “Shoreline and riverine protection and restoration”;
(C) in subsection (b)—
(i) by striking paragraph (1) and inserting the following:
(ii) in paragraph (3), by striking “flood damages” and inserting “flood and coastal storm damages, including the use of measures described in section 1184(a) of the Water Resources Development Act of 2016 (33 U.S.C. 2289a(a))”; and
(D) in subsection (c)—
(i) by striking paragraph (1) and inserting the following:
“(1) STUDIES.—
“(A) IN GENERAL.—Subject to subparagraph (B), the non-Federal share of the cost of a study under this section shall be—
“(ii) 10 percent, in the case of a study benefitting an economically disadvantaged community (as defined pursuant to section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116–260)).
(ii) in paragraph (2)—
(II) by striking subparagraph (A) and inserting the following:
“(A) IN GENERAL.—Design and construction of a nonstructural measure or project, a measure or project described in section 1184(a) of the Water Resources Development Act of 2016 (33 U.S.C. 2289a(a)), or for a measure or project for environmental restoration, shall be subject to cost sharing in accordance with section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213), except that the non-Federal share of the cost to design and construct a project benefitting an economically disadvantaged community (as defined pursuant to section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116–260)) shall be 10 percent.”; and
(iii) in paragraph (3)—
(I) in the paragraph heading, by striking “control” and inserting “and coastal storm risk management”;
(III) by striking “section 103(a) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(a))” and inserting “section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213), except that the non-Federal share of the cost to design and construct a project benefitting an economically disadvantaged community (as defined pursuant to section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116–260)) shall be 10 percent”;
(E) in subsection (d)—
(ii) by striking the subsection designation and heading and all that follows through “Notwithstanding” in paragraph (1) in the matter preceding subparagraph (A) and inserting the following:
(F) in subsection (e)—
(i) by redesignating paragraphs (1) through (33) as subparagraphs (A) through (GG), respectively, and indenting appropriately;
(ii) in the matter preceding subparagraph (A) (as so redesignated), by striking “In carrying out” and inserting the following:
(I) in subsection (f) (as so redesignated), by striking paragraph (2) and inserting the following:
“(2) PROJECTS REQUIRING SPECIFIC AUTHORIZATION.—The Secretary shall not carry out a project until Congress enacts a law authorizing the Secretary to carry out the project, if the Federal share of the cost to design and construct the project exceeds—
“(A) $26,000,000, in the case of a project benefitting an economically disadvantaged community (as defined pursuant to section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116–260));
“(B) $23,000,000, in the case of a project other than a project benefitting an economically disadvantaged community (as so defined) that—
“(ii) derives not less than 50 percent of the erosion, flood, or coastal storm risk reduction benefits from nonstructural measures or measures described in section 1184(a) of the Water Resources Development Act of 2016 (33 U.S.C. 2289a(a)); or
(c) Emergency streambank and shoreline protection.—Section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r) is amended by striking “$5,000,000” and inserting “$10,000,000”.
(a) In general.—Section 102(a) of the Water Resources Development Act of 1986 (33 U.S.C. 2212(a)) is amended—
(b) Application.—The amendments made by subsection (a) shall apply to new and ongoing projects beginning on October 1, 2022.
(c) Conforming amendment.—Section 109 of the Water Resources Development Act of 2020 (33 U.S.C. 2212 note; Public Law 116–260) is amended by striking “fiscal years 2021 through 2031” and inserting “fiscal years 2021 through 2022”.
(a) In general.—The Secretary is authorized to use funds made available to the Secretary for water resources development purposes to construct, at full Federal expense, a measure benefitting Federal land under the administrative jurisdiction of another Federal agency, if the measure—
(1) is included in a report of the Chief of Engineers or other decision document for a water resources development project that is specifically authorized by Congress;
(2) is included in a detailed project report (as defined in section 105(d) of the Water Resources Development Act of 1986 (33 U.S.C. 2215(d)); or
(b) Applicability.—This section shall apply to a measure for which construction is initiated after the date of enactment of this Act.
(d) Savings provisions.—Nothing in this section precludes—
(1) a Federal agency with administrative jurisdiction over Federal land from contributing funds for any portion of the cost of a measure described in subsection (a) that benefits that land; or
(2) the Secretary, at the request of the non-Federal interest for a study for a project for flood or coastal storm risk management, from using funds made available to the Secretary for water resources development investigations to formulate measures to reduce risk to a military installation, if the non-Federal interest shares in the cost to formulate those measures to the same extent that the non-Federal interest is required to share in the cost of the study.
(e) Repeal.—
(1) IN GENERAL.—Section 1025 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2226) is repealed.
Consistent with the 5-year administrative publication life cycle of the Department of the Army, the Secretary shall revise, rescind, or certify as current, as applicable, each publication for the civil works programs of the Corps of Engineers.
(a) In general.—Section 22 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–16) is amended—
(1) in subsection (a)—
(3) by inserting after subsection (a) the following:
(4) in subsection (d) (as so redesignated), by adding at the end the following:
“(3) OUTREACH.—There is authorized to be appropriated $30,000,000 for each fiscal year to carry out subsection (b).
“(4) PRIORITIZATION.—To the maximum extent practicable, the Secretary shall prioritize the provision of assistance under this section to economically disadvantaged communities (as defined pursuant to section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116–260)).”.
(b) Conforming amendment.—Section 3014(b)(3)(B) of the Water Resources Reform and Development Act of 2014 (42 U.S.C. 4131(b)(3)(B)) is amended by striking section “22(b) of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–16(b))” and inserting “section 22(c) of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–16(c))”.
Section 206 of the Flood Control Act of 1960 (33 U.S.C. 709a) is amended—
(1) in subsection (a)—
(B) in the first sentence—
(C) by adding at the end the following:
“(3) IDENTIFICATION OF ASSISTANCE.—
“(A) IN GENERAL.—To the maximum extent practicable, in providing assistance under this subsection, the Secretary shall identify and communicate to States and non-Federal interests specific opportunities to partner with the Corps of Engineers to address flood hazards.
“(B) COORDINATION.—The Secretary shall coordinate activities under this paragraph with activities described in subsection (b) of section 22 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–16).”;
(a) Definition of historically Black college or university.—In this section, the term “historically Black college or university” has the meaning given the term “part B institution” in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).
(b) Authorization.—The Secretary is authorized to carry out activities, at full Federal expense—
(c) Partnering entities.—In carrying out activities under this section, the Secretary may enter into partnerships with—
(d) Prioritization.—The Secretary shall, to the maximum extent practicable, prioritize the recruitment of individuals under this section that are located in economically disadvantaged communities (as defined pursuant to section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116–260)).
(a) In general.—Section 1022 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2225) is amended—
(1) in subsection (a)—
(2) in each of subsections (b) and (c), by striking “flood damage reduction and coastal navigation” each place it appears and inserting “water resources development”; and
(3) by adding at the end the following:
“(d) Applicability.—With respect to a project constructed under section 204 of the Water Resources Development Act of 1986 (33 U.S.C. 2232), the Secretary shall exercise the authority under this section to apply credits and reimbursements related to the project in a manner consistent with the requirements of subsection (d) of that section.”.
(b) Treatment of credit between projects.—Section 7007(d) of the Water Resources Development Act of 2007 (121 Stat. 1277; 128 Stat. 1226) is amended by inserting “, or may be applied to reduce the amounts required to be paid by the non-Federal interest under the terms of the deferred payment agreements entered into between the Secretary and the non-Federal interest for the projects authorized by section 7012(a)(1)” before the period at the end.
Section 152(a) of the Water Resources Development Act of 2020 (33 U.S.C. 2213a(a)) is amended by inserting “or coastal storm risk management” after “flood risk management”.
The Secretary is authorized to provide in advance to the non-Federal interest the Federal share of funds required for the acquisition of land, easements, and rights-of-way and the performance of relocations for a project or separable element—
(2) described in section 103(b)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(b)(2)); or
Section 5(a) of the Act of August 18, 1941 (commonly known as the “Flood Control Act of 1941”) (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a)), is amended—
(1) in paragraph (1), in the first sentence, by inserting “, increase resilience, increase effectiveness in preventing damages from inundation, wave attack, or erosion,” after “address major deficiencies”; and
(2) by adding at the end the following:
“(6) WORK CARRIED OUT BY A NON-FEDERAL SPONSOR.—
“(A) GENERAL RULE.—The Secretary may authorize a non-Federal sponsor to plan, design, or construct repair or restoration work described in paragraph (1).
“(B) REQUIREMENTS.—
“(i) IN GENERAL.—To be eligible for a payment under subparagraph (C) for the Federal share of a planning, design, or construction activity for repair or restoration work described in paragraph (1), the non-Federal sponsor shall enter into a written agreement with the Secretary before carrying out the activity.
“(C) PAYMENT.—
“(D) ANNUAL LIMIT ON REIMBURSEMENTS NOT APPLICABLE.—Section 102 of the Energy and Water Development Appropriations Act, 2006 (33 U.S.C. 2221), shall not apply to an agreement under subparagraph (B).”.
(a) In general.—Section 7 of the Water Resources Development Act of 1988 (33 U.S.C. 2313) is amended—
(2) in subsection (b), by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately;
(4) by redesignating subsections (b), (c), (d), and (f) as paragraphs (2), (3), (4), and (5), respectively, and indenting appropriately;
(5) in subsection (a), by striking “of the Army Corps of Engineers, the Secretary is authorized to utilize Army” and inserting the following: “of the Corps of Engineers, the Secretary is authorized to engage in basic research, applied research, advanced research, and development projects, including such projects that are—
(6) in subsection (b) (as so redesignated)—
(A) in paragraph (2)(B) (as so redesignated), by striking “this section” and inserting “this subsection”;
(B) in paragraph (3) (as so redesignated), in the first sentence, by striking “this section” each place it appears and inserting “this subsection”;
(7) by adding at the end the following:
“(c) Other transactions.—
“(1) AUTHORITY.—The Secretary may enter into transactions (other than contracts, cooperative agreements, and grants) in order to carry out this section.
“(2) EDUCATION AND TRAINING.—The Secretary shall—
“(3) NOTIFICATION.—The Secretary shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives notice of a transaction under this subsection not less than 30 days before entering into the transaction.
“(4) REPORT.—Not later than 3 years and not later than 7 years after the date of enactment of the Water Resources Development Act of 2022, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the use of the authority under paragraph (1).
“(d) Report.—
“(1) IN GENERAL.—For fiscal year 2025, and annually thereafter, in conjunction with the annual budget submission of the President to Congress under section 1105(a) of title 31, United States Code, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on projects carried out under subsection (a).
“(e) Cost sharing.—
“(1) IN GENERAL.—Except as provided in subsection (b)(3) and paragraph (2), a project carried out under this section shall be at full Federal expense.
“(2) TREATMENT.—Nothing in this subsection waives applicable cost-share requirements for a water resources development project or feasibility study (as defined in section 105(d) of the Water Resources Development Act of 1986 (33 U.S.C. 2215(d))).
“(f) Savings clause.—Nothing in this section limits the ability of the Secretary to carry out a project requested by a district of the Corps of Engineers in support of a water resources development project or feasibility study (as defined in section 105(d) of the Water Resources Development Act of 1986 (33 U.S.C. 2215(d))).
(b) Forecasting models for the Great Lakes.—
(1) AUTHORIZATION.—There is authorized to be appropriated to the Secretary $10,000,000 to complete and maintain a model suite to forecast water levels, account for water level variability, and account for the impacts of extreme weather events and other natural disasters in the Great Lakes.
(2) SAVINGS PROVISION.—Nothing in this subsection precludes the Secretary from using funds made available under the Great Lakes Restoration Initiative established by section 118(c)(7) of the Federal Water Pollution Control Act (33 U.S.C. 1268(c)(7)) for activities described in paragraph (1) for the Great Lakes, if funds are not appropriated for such activities.
(c) Monitoring and assessment program for saline lakes in the Great Basin.—
(1) IN GENERAL.—The Secretary is authorized to carry out a program (referred to in this subsection as the “program”) to monitor and assess the hydrology of saline lake ecosystems in the Great Basin, including the Great Salt Lake, to inform and support Federal and non-Federal management and conservation activities to benefit those ecosystems.
(3) CONTRACTS, GRANTS, AND COOPERATIVE AGREEMENTS.—The Secretary is authorized to enter into contracts, grant agreements, and cooperative agreements with institutions of higher education and with entities described in paragraph (2) to implement the program.
(4) UPDATE.—Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress an update on the progress of the Secretary in carrying out the program.
(a) Definitions.—In this section:
(1) COMMITTEE.—The term “Committee” means the Tribal and Economically Disadvantaged Communities Advisory Committee established under subsection (b).
(2) ECONOMICALLY DISADVANTAGED COMMUNITY.—The term “economically disadvantaged community” has the meaning given the term pursuant to section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116–260).
(3) INDIAN TRIBE.—The term “Indian Tribe” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(b) Establishment.—Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a committee, to be known as the “Tribal and Economically Disadvantaged Communities Advisory Committee”, to develop and make recommendations to the Secretary and the Chief of Engineers on activities and actions that should be undertaken by the Corps of Engineers to ensure more effective delivery of water resources development projects, programs, and other assistance to economically disadvantaged communities and Indian Tribes.
(c) Membership.—The Committee shall be composed of members, appointed by the Secretary, who have the requisite experiential or technical knowledge needed to address issues related to the water resources needs and challenges of economically disadvantaged communities and Indian Tribes, including—
(d) Duties.—
(1) RECOMMENDATIONS.—The Committee shall provide advice and make recommendations to the Secretary and the Chief of Engineers to assist the Corps of Engineers in—
(A) efficiently and effectively delivering solutions to water resources development projects needs and challenges for economically disadvantaged communities and Indian Tribes;
(2) MEETINGS.—The Committee shall meet as appropriate to develop and make recommendations under paragraph (1).
(e) Independent judgment.—Any recommendation made by the Committee to the Secretary and the Chief of Engineers under subsection (d)(1) shall reflect the independent judgment of the Committee.
(f) Administration.—
(1) COMPENSATION.—Except as provided in paragraph (2), the members of the Committee shall serve without compensation.
(2) TRAVEL EXPENSES.—The members of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Committee.
(3) TREATMENT.—The members of the Committee shall not be considered to be Federal employees, and the meetings and reports of the Committee shall not be considered a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(a) In general.—Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a committee, to be known as the “Non-Federal Interest Advisory Committee” (referred to in this section as the “Committee”), to develop and make recommendations to the Secretary and the Chief of Engineers on activities and actions that should be undertaken by the Corps of Engineers to ensure more effective and efficient delivery of water resources development projects, programs, and other assistance.
(b) Membership.—
(1) IN GENERAL.—The Committee shall be composed of the members described in paragraph (2), who shall—
(c) Duties.—
(1) RECOMMENDATIONS.—The Committee shall provide advice and make recommendations to the Secretary and the Chief of Engineers to assist the Corps of Engineers in—
(B) improving the capability and capacity of the workforce of the Corps of Engineers to deliver projects and other assistance;
(2) MEETINGS.—The Committee shall meet as appropriate to develop and make recommendations under paragraph (1).
(d) Independent judgment.—Any recommendation made by the Committee to the Secretary and the Chief of Engineers under subsection (c)(1) shall reflect the independent judgment of the Committee.
(e) Administration.—
(1) IN GENERAL.—The Committee shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.).
(2) COMPENSATION.—Except as provided in paragraph (3), the members of the Committee shall serve without compensation.
(3) TRAVEL EXPENSES.—The members of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Committee.
(4) TREATMENT.—The members of the Committee shall not be considered to be Federal employees and the meetings and reports of the Committee shall not be considered a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(a) Definitions.—In this section:
(1) PROJECT.—The term “project” means a single cycle of dredging of an underserved community harbor and the associated placement of dredged material at a beneficial use placement site or disposal site.
(2) UNDERSERVED COMMUNITY HARBOR.—The term “underserved community harbor” means an emerging harbor (as defined in section 210(f) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(f))) for which—
(b) In general.—The Secretary may carry out projects to dredge underserved community harbors for purposes of sustaining water-dependent commercial and recreational activities at such harbors.
(c) Justification.—The Secretary may carry out a project under this section if the Secretary determines that the cost of the project is reasonable in relation to the sum of—
(d) Cost share.—The non-Federal share of the cost of a project carried out under this section shall be determined in accordance with—
(1) subsection (a), (b), (c), or (d), as applicable, of section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213), for any portion of the cost of the project allocated to flood or coastal storm risk management, ecosystem restoration, or recreation; and
(2) section 101(b)(1) of the Water Resources Development Act of 1986 (33 U.S.C. 2211(b)(1)), for the portion of the cost of the project other than a portion described in paragraph (1).
(e) Clarification.—The Secretary shall not require the non-Federal interest for a project carried out under this section to perform additional operation and maintenance activities at the beneficial use placement site or the disposal site for such project.
(f) Federal participation limit.—The Federal share of the cost of a project under this section shall not exceed $10,000,000.
(a) Findings.—Congress finds that—
(1) a bipartisan coalition of 19 Western Senators wrote to the Office of Management and Budget on September 17, 2019, in opposition to the proposed rulemaking entitled “Use of U.S. Army Corps of Engineers Reservoir Projects for Domestic, Municipal & Industrial Water Supply” (81 Fed. Reg. 91556 (December 16, 2016)), describing the rule as counter to existing law and court precedent;
(3) the Corps of Engineers should consult with Western States to ensure, to the maximum extent practicable, that operation of flood control projects in prior appropriation States is consistent with the principles of the first section of the Act of December 22, 1944 (commonly known as the “Flood Control Act of 1944”) (58 Stat. 887, chapter 665; 33 U.S.C. 701–1) and section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b).
(b) Establishment.—
(1) IN GENERAL.—Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a Western Water Cooperative Committee (referred to in this section as the “Cooperative Committee”).
(2) PURPOSE.—The purpose of the Cooperative Committee is to ensure that Corps of Engineers flood control projects in Western States are operated consistent with congressional directives by identifying opportunities to avoid or minimize conflicts between operation of Corps of Engineers projects and State water rights and water laws.
(3) MEMBERSHIP.—
(A) IN GENERAL.—The Cooperative Committee shall be composed of—
(iii) 1 representative from each of the States of Alaska, Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming, who may serve on the Western States Water Council, to be appointed by the Governor of each State;
(iv) 1 representative with legal experience from each of the States of Alaska, Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming, to be appointed by the Attorney General of each State; and
(4) MEETINGS.—
(A) IN GENERAL.—The Cooperative Committee shall meet not less than once each year in a State represented on the Cooperative Committee.
(5) DUTIES.—The Cooperative Committee shall develop and make recommendations to avoid or minimize conflicts between the operation of Corps of Engineers projects and State water rights and water laws, which may include recommendations for legislation or the promulgation of policy or regulations.
(6) STATUS UPDATES.—
(A) IN GENERAL.—On an annual basis, the Secretary shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written report that includes—
(7) COMPENSATION.—
(A) IN GENERAL.—Except as provided in subparagraph (B), the members of the Cooperative Committee shall serve without compensation.
(B) TRAVEL EXPENSES.—The members of the Cooperative Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Cooperative Committee.
On request of the Governor of State in which the Governor declared a statewide drought disaster in 2021, the Secretary is authorized to update water control manuals for waters in the State, with priority given to those waters that accommodate a water supply project.
It is the sense of Congress that the Secretary, as part of the annual work plan, should distribute amounts provided for the operations and maintenance of recreation sites of the Corps of Engineers so that each site receives an amount that is not less than 80 percent of the recreation fees generated by such site in a given year.
In the case of a water resources development project using nonstructural measures for the elevation or modification of a dwelling that is the primary residence of an owner-occupant and that requires the owner-occupant to relocate temporarily from the dwelling during the period of construction, the Secretary may include in the value of the land, easements, and rights-of-way required for the project or measure the documented reasonable living expenses, excluding food and personal transportation, incurred by the owner-occupant during the period of relocation.
(a) Operations and maintenance.—In reprogramming funds made available to the Secretary for operations and maintenance—
The Secretary shall issue guidance on, in the case of a leasing decision pursuant to section 2667 of title 10, United States Code, or section 4 of the Act of December 22, 1944 (commonly known as the “Flood Control Act of 1944”) (58 Stat. 889, chapter 665; 16 U.S.C. 460d), instances in which a lease duration in excess of 25 years is appropriate.
It is the sense of Congress that in permitting and funding post-disaster repairs, the Secretary should, to the maximum extent practicable, repair assets—
Section 36 of the Act of August 10, 1956 (70A Stat. 634, chapter 1041; 33 U.S.C. 583a), is amended—
(1) by striking “Regular officers of the Corps of Engineers of the Army, and reserve officers of the Army who are assigned to the Corps of Engineers,” and inserting the following:
The Secretary is encouraged to consider measures to restore swamps and other wetland forests in studies for water resources development projects for ecosystem restoration and flood and coastal storm risk management.
Section 2007 of the Water Resources Development Act of 2007 (33 U.S.C. 2222) is amended—
(1) by striking “water resources study or project” and inserting “water resources development study or project, including a study or project under a continuing authority program (as defined in section 7001(c)(1)(D) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d(c)(1)(D))),”; and
The National Dam Safety Program Act (33 U.S.C. 467 et seq.) is amended by adding at the end the following:
“SEC. 15. National low-head dam inventory.
“(a) Definitions.—In this section:
“(1) INVENTORY.—The term ‘inventory’ means the national low-head dam inventory developed under subsection (b)(1).
“(b) National low-head dam inventory.—
“(1) IN GENERAL.—Not later than 18 months after the date of enactment of this section, the Secretary, in consultation with the heads of appropriate Federal and State agencies, shall—
“(A) develop an inventory of low-head dams in the United States that includes—
“(i) the location, ownership, description, current use, condition, height, and length of each low-head dam;
Section 1020 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2223) is amended—
(1) in subsection (a), by adding at the end the following:
“(3) STUDIES AND PROJECTS WITH MULTIPLE NON-FEDERAL INTERESTS.—A credit described in paragraph (1) for a study or project with multiple non-Federal interests may be applied to the required non-Federal cost share for a study or project of any of those non-Federal interests, subject to the condition that each non-Federal interest for the study or project for which the credit described in paragraph (1) is provided concurs in writing.”;
(2) in subsection (b), by adding at the end the following:
“(3) CONDITIONAL APPROVAL OF EXCESS CREDIT.—The Secretary may approve credit in excess of the non-Federal share for a study or project prior to the identification of each authorized study or project to which the excess credit will be applied, subject to the condition that the non-Federal interest agrees to submit for approval by the Secretary an amendment to the comprehensive plan prepared under paragraph (2) that identifies each authorized study or project in advance of execution of the feasibility cost sharing agreement or project partnership agreement for that authorized study or project.”;
(a) Definition of rehabilitation.—Section 9002(13) of the Water Resources Development Act of 2007 (33 U.S.C. 3301(13)) is amended—
(b) Levee rehabilitation assistance program.—Section 9005(h) of the Water Resources Development Act of 2007 (33 U.S.C. 3303a(h)) is amended—
(2) by adding at the end the following:
“(11) PRIORITIZATION.—To the maximum extent practicable, the Secretary shall prioritize the provision of assistance under this subsection to economically disadvantaged communities (as defined pursuant to section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116–260)).”.
Section 1111 of the America's Water Infrastructure Act of 2018 (33 U.S.C. 2326 note; Public Law 115–270) is amended by adding at the end the following:
“(e) Inland waterways regional dredge pilot program.—
“(1) IN GENERAL.—The Secretary is authorized to establish a pilot program (referred to in this subsection as the ‘pilot program’) to conduct a multiyear dredging demonstration program to award contracts with a duration of up to 5 years for projects on inland waterways.
“(2) PURPOSES.—The purposes of the pilot program shall be—
“(3) DEMONSTRATION.—
“(A) IN GENERAL.—The Secretary shall, to the maximum extent practicable, award contracts for projects on inland waterways that combine work across the Construction and Operation and Maintenance accounts of the Corps of Engineers.
“(4) SAVINGS CLAUSE.—Nothing in this subsection affects the responsibility of the Secretary with respect to the construction and operations and maintenance of projects on the inland waterways system.
“(5) REPORT TO CONGRESS.—Not later than 1 year after the date on which the first contract is awarded pursuant to the pilot program, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that evaluates, with respect to the pilot program and any contracts awarded under the pilot program—
Section 214(a)(2) of the Water Resources Development Act of 2000 (33 U.S.C. 2352(a)(2)) is amended—
(2) by adding at the end the following:
“(B) MULTI-USER MITIGATION BANK INSTRUMENT PROCESSING.—
“(i) IN GENERAL.—An activity carried out by the Secretary to expedite evaluation of a permit described in subparagraph (A) may include the evaluation of an instrument for a mitigation bank if—
“(ii) USE OF CREDITS.—The use of credits generated by the mitigation bank established using expedited processing under clause (i) shall be limited to current and future projects and activities of the entity, company, or carrier described in subclause (I) of that clause for a public purpose, except that in the case of a non-Federal public entity, not more than 25 percent of the credits may be sold to other public and private entities.”.
Section 1043(b) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2201 note; Public Law 113–121) is amended—
(1) in paragraph (3), by inserting “or discrete segment” after “separable element” each place it appears; and
(2) by adding at the end the following:
“(10) DEFINITION OF DISCRETE SEGMENT.—In this subsection, the term ‘discrete segment’ means a physical portion of a project or separable element that the non-Federal interest can operate and maintain, independently and without creating a hazard, in advance of final completion of the water resources development project, or separable element thereof.”.
Section 1156 of the Water Resources Development Act of 1986 (33 U.S.C. 2310) is amended by adding at the end the following:
Section 1116 of the WIIN Act (130 Stat. 1639) is amended—
(a) In general.—Not later than 180 days after the date of enactment of this Act, the Secretary shall develop specific criteria for the annual evaluation and ranking of maintenance dredging requirements for small, remote, and subsistence harbors, taking into account the criteria provided in the joint explanatory statement of managers accompanying division D of the Consolidated Appropriations Act, 2021 (Public Law 116–260; 134 Stat. 1352).
(b) Inclusion in guidance.—The Secretary shall include the criteria developed under subsection (a) in the annual Civil Works Direct Program Development Policy Guidance of the Secretary.
(c) Report to Congress.—For fiscal year 2024, and biennially thereafter, in conjunction with the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary shall submit to the Committees on Environment and Public Works and Appropriations of the Senate and the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives a report that identifies the ranking of projects in accordance with the criteria developed under subsection (a).
Section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r) is amended by inserting “lighthouses, including those lighthouses with historical value,” after “schools,”.
Section 1008 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2321b) is amended—
(1) in subsection (b)(1), by inserting “and to meet the requirements of subsection (b)” after “projects”;
(a) Definition of eligible public recreation facility.—In this section, the term “eligible public recreation facility” means a facility at a reservoir operated by the Corps of Engineers that—
(b) Authorization.—During a period of low water at an eligible public recreation facility, the Secretary is authorized—
(c) Requirement.—The Secretary may not reimburse a non-Federal interest for the use of materials or services accepted under this section unless the materials or services—
(2) comply with all applicable laws and regulations that would apply if the materials and services were acquired by the Secretary, including subchapter IV of chapter 31 and chapter 37 of title 40, United States Code, section 8302 of title 41, United States Code, and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(d) Agreement.—Before the acceptance of materials, services, or funds under this section, the Secretary and the non-Federal interest shall enter into an agreement that—
(1) specifies that the non-Federal interest shall hold and save the United States free from any and all damages that arise from use of materials or services of the non-Federal interest, except for damages due to the fault or negligence of the United States or its contractors;
(a) In general.—The Secretary shall prioritize implementation of section 125(c) of the Water Resources Development Act of 2020 (33 U.S.C. 2326h) at federally authorized harbors in the State of Ohio.
(b) Requirements.—Each dredged material management plan prepared by the Secretary under section 125(c) of the Water Resources Development Act of 2020 (33 U.S.C. 2326h) for a federally authorized harbor in the State of Ohio shall—
(1) include, in the baseline conditions, a prohibition on use of funding for open-lake disposal of dredged material consistent with section 105 of the Energy and Water Development and Related Agencies Appropriations Act, 2022 (Public Law 117–103; 136 Stat. 217) ; and
(2) maximize beneficial use of dredged material under the base plan and under section 204(d) of the Water Resources Development Act of 1992 (33 U.S.C. 2326(d)).
The Secretary shall fully implement the requirements of section 153 of the Water Resources Development Act of 2020 (134 Stat. 2658).
(a) Study of flood risk management activities.—
(1) IN GENERAL.—Using funds made available to carry out this section, the Secretary is authorized, at Federal expense, to carry out a study to determine the feasibility of a project for flood risk management and related purposes in the Columbia River basin and to report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate with recommendations thereon, including recommendations for a project to potentially reduce the reliance on Canada for flood risk management in the basin.
(b) Funds for Columbia River Treaty obligations.—
(1) IN GENERAL.—The Secretary is authorized to expend funds appropriated for the purpose of satisfying United States obligations under the Columbia River Treaty to compensate Canada for operating Canadian storage on behalf of the United States under such Treaty.
(2) NOTIFICATION.—If the U.S. entity calls upon Canada to operate Canadian reservoir storage for flood risk management on behalf of the United States, which operation may incur an obligation to compensate Canada under the Columbia River Treaty—
(A) the Secretary shall submit to the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Environment and Public Works and Appropriations of the Senate, by not later than 30 days after the initiation of the call, a written notice of the action and a justification, including a description of the circumstances necessitating the call;
(B) upon a determination by the United States of the amount of compensation that shall be paid to Canada, the Secretary shall submit to the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Environment and Public Works and Appropriations of the Senate a written notice specifying such amount and an explanation of how such amount was derived, which notification shall not delay or impede the flood risk management mission of the U.S. entity; and
(c) Definitions.—In this section:
(1) COLUMBIA RIVER BASIN.—The term “Columbia River basin” means the entire United States portion of the Columbia River watershed.
(a) In general.—The Secretary shall not include the amount of Federal obligations incurred and non-Federal contributions provided for an authorized water resources development project during the period beginning on the date of enactment of this Act and ending on September 30, 2025, for purposes of determining if the cost of the project exceeds the maximum cost of the project under section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280).
(b) Continuation of construction.—
(1) IN GENERAL.—The Secretary shall not, solely on the basis of section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280)—
(2) RESUMPTION OF CONSTRUCTION.—The Secretary shall resume construction of any water resources development project for which construction was deferred on the basis of section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280) during the period beginning on October 1, 2021, and ending on the date of enactment of this Act.
(c) Statutory construction.—Nothing in this section waives the obligation of the Secretary to submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a post-authorization change report recommending an increase in the authorized cost of a project if the project otherwise would exceed the maximum cost of the project under section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280).
(a) In general.—The Secretary is authorized to investigate the feasibility of the following projects:
(2) Project for flood risk management and ecosystem restoration, Tittabawassee River, Chippewa River, Pine River, and Tobacco River, Michigan.
(8) Project for flood risk management and ecosystem restoration, Thatchbed Island, Essex, Connecticut.
(11) Project for flood risk management and ecosystem restoration, the Resacas, Hidalgo and Cameron Counties, Texas.
(14) Project for flood risk management, navigation, and ecosystem restoration, Mohawk River Basin, New York.
(16) Project for ecosystem restoration and coastal storm risk management, Cumberland and Sea Islands, Georgia.
(21) Project for aquatic ecosystem restoration, including habitat for endangered salmon, Columbia River Basin.
(25) Project for flood and coastal storm risk management, navigation, and ecosystem restoration, South Shore, Long Island, New York.
(b) Project modifications.—The Secretary is authorized to investigate the feasibility of the following modifications to the following projects:
(1) Modifications to the project for navigation, South Haven Harbor, Michigan, for turning basin improvements.
(2) Modifications to the project for navigation, Rollinson Channel and channel from Hatteras Inlet to Hatteras, North Carolina, authorized by section 101 of the River and Harbor Act of 1962 (76 Stat. 1174), to incorporate the ocean bar.
(3) Modifications to the project for flood control, Saint Francis River Basin, Missouri and Arkansas, authorized by section 204 of the Flood Control Act of 1950 (64 Stat. 172, chapter 188), to provide flood risk management for the tributaries and drainage of Straight Slough, Craighead, Poinsett, and Cross Counties, Arkansas.
(4) Modifications to the project for flood risk management, Cedar River, Cedar Rapids, Iowa, authorized by section 7002(2) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1366), consistent with the City of Cedar Rapids, Iowa, Cedar River Flood Control System Master Plan.
(5) Modifications to the project for navigation, Savannah Harbor, Georgia, without evaluation of additional deepening.
(a) The studies authorized by paragraphs (12) and (13) of section 201(a) shall be considered a continuation of the study that resulted in the Chief’s Report for the project for Papillion Creek and Tributaries Lakes, Nebraska, signed January 24, 2022.
(b) The study authorized by section 201(a)(17) shall be considered a resumption and a continuation of the general reevaluation initiated on December 30, 2003.
(c) In carrying out the study authorized by section 201(a)(21), the Secretary shall only formulate measures and alternatives to be consistent with the authorized purposes of existing Federal projects while also maintaining the benefits of such projects.
(a) Feasibility reports.—The Secretary shall expedite the completion of a feasibility study for each of the following projects, and if the Secretary determines that the project is justified in a completed report, may proceed directly to preconstruction planning, engineering, and design of the project:
(1) Modifications to the project for flood risk management, North Adams, Massachusetts, authorized by section 5 of the Act of June 22, 1936 (commonly known as the “Flood Control Act of 1936”) (49 Stat. 1572, chapter 688; 33 U.S.C. 701h), and section 3 of the Act of August 18, 1941 (commonly known as the “Flood Control Act of 1941”) (55 Stat. 639, chapter 377), for flood risk management and ecosystem restoration.
(3) Project for flood and coastal storm risk management and ecosystem restoration, Boston North Shore, Revere, Saugus, Lynn, Maiden, and Everett, Massachusetts.
(7) Project for flood and coastal storm risk management, Chelsea, Massachusetts, authorized by a study resolution of the Committee on Public Works of the Senate dated September 12, 1969.
(8) Project for ecosystem restoration, Herring River Estuary, Barnstable County, Massachusetts, authorized by a study resolution of the Committee on Transportation and Infrastructure of the House of Representatives dated July 23, 1997.
(9) Project for coastal storm risk management, ecosystem restoration, and navigation, Nauset Barrier Beach and inlet system, Chatham, Massachusetts, authorized by a study resolution of the Committee on Public Works of the Senate dated September 12, 1969.
(11) Project for flood risk management, Rahway, New Jersey, authorized by section 336 of the Water Resources Development Act of 2020 (134 Stat. 2712).
(15) Project for ecosystem restoration, Fox River, Illinois, authorized by section 519 of the Water Resources Development Act of 2000 (114 Stat. 2653).
(b) Post-authorization change reports.—The Secretary shall expedite completion of a post-authorization change report for the following projects:
(1) Project for ecosystem restoration, Tres Rios, Arizona, authorized by section 101(b)(4) of the Water Resources Development Act of 2000 (114 Stat. 2577).
(2) Project for coastal storm risk management, Surf City and North Topsail Beach, North Carolina, authorized by section 7002(3) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1367).
(c) Watershed and river basin assessments.—The Secretary shall expedite the completion of the following assessments under section 729 of the Water Resources Development Act of 1986 (33 U.S.C. 2267a):
(d) Disposition study.—The Secretary shall expedite the completion of the disposition study for the Los Angeles County Drainage Area under section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a).
(a) In general.—Section 156 of the Water Resources Development Act of 1976 (42 U.S.C. 1962d–5f)) is amended—
(b) Indian River Inlet Sand Bypass Plant.—For purposes of the project for coastal storm risk management, Delaware Coast Protection, Delaware (commonly known as the “Indian River Inlet Sand Bypass Plant”), authorized by section 869 of the Water Resources Development Act of 1986 (100 Stat. 4182), a study carried out under section 156(b) of the Water Resources Development Act of 1976 (42 U.S.C. 1962d–5f(b)) shall consider as an alternative for periodic nourishment continued reimbursement of the Federal share of the cost to the non-Federal interest for the project to operate and maintain a sand bypass plant.
(a) Definitions.—In this section:
(1) CATEGORICAL EXCLUSION.—The term “categorical exclusion” has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation).
(2) ENVIRONMENTAL ASSESSMENT.—The term “environmental assessment” has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation).
(3) ENVIRONMENTAL IMPACT STATEMENT.—The term “environmental impact statement” means a detailed written statement required under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
(4) FINDING OF NO SIGNIFICANT IMPACT.—The term “finding of no significant impact” has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation).
(5) NEPA PROCESS.—
(A) IN GENERAL.—The term “NEPA process” has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation).
(B) PERIOD.—For purposes of subparagraph (A), the NEPA process—
(ii) ends on the date on which the Secretary issues, with respect to the project study—
(III) a categorical exclusion under title I of the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.).
(6) PROJECT STUDY.—The term “project study” means a feasibility study for a project carried out pursuant to section 905 of the Water Resources Development Act of 1986 (33 U.S.C. 2282) for which a categorical exclusion, an environmental assessment, or an environmental impact statement is required pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(b) Reports.—
(1) NEPA DATA.—
(A) IN GENERAL.—The Secretary shall carry out a process to track, and annually submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing, the information described in subparagraph (B).
(B) INFORMATION DESCRIBED.—The information referred to in subparagraph (A) is, with respect to the Corps of Engineers—
(i) the number of project studies for which a categorical exclusion was used during the reporting period;
(ii) the number of project studies for which the decision to use a categorical exclusion, to prepare an environmental assessment, or to prepare an environmental impact statement is pending on the date on which the report is submitted;
(iii) the number of project studies for which an environmental assessment was issued during the reporting period, broken down by whether a finding of no significant impact, if applicable, was based on mitigation;
(iv) the length of time the Corps of Engineers took to complete each environmental assessment described in clause (iii);
(v) the number of project studies pending on the date on which the report is submitted for which an environmental assessment is being drafted;
(vi) the number of project studies for which an environmental impact statement was issued during the reporting period;
(a) In general.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a review of the factors and conditions for each ongoing water resources development project carried out by the Secretary for which—
(a) In general.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct an analysis of the geographic distribution of annual and supplemental funding for water resources development projects carried out by the Secretary over the previous 10 fiscal years and the factors that have led to that distribution.
(a) In general.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a review of the practices of the Corps of Engineers with respect to the determination of joint costs associated with operations and maintenance of reservoirs owned and operated by the Secretary.
(b) Report.—The Comptroller General of the United States shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the review under subsection (a) and any recommendations that result from the review.
(a) In general.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall carry out a review of the water resources development project mitigation practices of the Corps of Engineers.
(b) Content.—The review under subsection (a) shall include an evaluation of—
(1) the implementation by the Corps of Engineers of the final rule issued on April 10, 2008, entitled “Compensatory Mitigation for Losses of Aquatic Resources” (73 Fed. Reg. 19594), including, at a minimum—
(c) Report.—The Comptroller General of the United States shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the review under subsection (a) and any recommendations that result from the review.
(d) Definition of performance-based contract.—In this section, the term “performance-based contract” means a procurement mechanism by which the Corps of Engineers contracts with a public or private non-Federal entity for a specific mitigation outcome requirement, with payment to the entity linked to delivery of verifiable and successful mitigation performance.
The Secretary shall expedite the review and coordination of the feasibility study for the project for navigation, Sabine–Neches Waterway, Texas, under section 203(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2231(b)).
Not later than 1 year after the date of enactment of this Act, the Secretary shall prepare, at full Federal expense, and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report updating the findings of the report on the economic benefits of recreational boating in the Great Lakes basin prepared under section 455(c) of the Water Resources Development Act of 1999 (42 U.S.C. 1962d–21(c)).
(a) Evaluation and report.—
(1) EVALUATION.—On request and at the expense of the St. Johns River Water Management District, the Secretary shall evaluate the effects of deauthorizing the southernmost 3.5-mile reach of the L–73 levee, Section 2, Osceola County, Florida, on the functioning of the project for flood control and other purposes, Upper St. Johns River Basin, Central and Southern Florida, authorized by section 203 of the Flood Control Act of 1948 (62 Stat. 1176).
(2) REPORT.—In carrying out the evaluation under paragraph (1), the Secretary shall—
(B) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the report under subparagraph (A) as part of the annual report submitted to Congress pursuant to section 7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d).
(b) Comprehensive Central and Southern Florida study.—
(1) IN GENERAL.—The Secretary is authorized to carry out a feasibility study for resiliency and comprehensive improvements or modifications to existing water resources development projects in central and southern Florida, for the purposes of flood risk management, water supply, ecosystem restoration (including preventing saltwater intrusion), recreation, and related purposes.
(2) REQUIREMENTS.—In carrying out the feasibility study under paragraph (1), the Secretary—
(A) is authorized—
(B) shall ensure the study and any projects recommended under subparagraph (A)(ii) will not interfere with the efforts undertaken to carry out the Comprehensive Everglades Restoration Plan pursuant to section 601 of the Water Resources Development Act of 2000 (114 Stat. 2680; 121 Stat. 1268; 132 Stat. 3786).
(a) Findings.—Congress finds the following:
(1) The Corps of Engineers operates more recreation areas than any other Federal or State agency, apart from the Department of the Interior.
(b) Sense of Congress.—It is the sense of Congress that the Corps of Engineers should use all available authorities to promote and enhance development and recreational opportunities at lakes that are part of authorized civil works projects under the administrative jurisdiction of the Corps of Engineers.
(c) Report.—Not later than 180 days after the enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on investments needed to support recreational activities that are part of authorized water resources development projects under the administrative jurisdiction of the Corps of Engineers.
(d) Requirements.—The report under subsection (c) shall include—
(1) a list of deferred maintenance projects, including maintenance projects relating to recreational facilities, sites, and associated access roads;
(2) a plan to fund the projects described in paragraph (1) over the 5-year period following the date of enactment of this Act;
(a) Definitions of natural feature and nature-based feature.—In this section, the terms “natural feature” and “nature-based feature” have the meanings given those terms in section 1184(a) of the WIIN Act (33 U.S.C. 2289a(a)).
(b) Comprehensive study.—The Secretary shall conduct a comprehensive study (referred to in this section as the “study”) to evaluate the effectiveness of carrying out additional measures, including measures that utilize natural features or nature-based features at or upstream of reservoirs for the purposes of—
(c) Study focus.—In conducting the study, the Secretary shall include all reservoirs owned and operated by the Secretary and reservoirs for which the Secretary has flood control responsibilities under section 7 of the Act of December 22, 1944 (commonly known as the “Flood Control Act of 1944”) (58 Stat. 890, chapter 665; 33 U.S.C. 709), in the South Pacific Division of the Corps of Engineers.
(d) Consultation and use of existing data.—
Section 8004(g) of the Water Resources Development Act of 2007 (33 U.S.C. 652 note; Public Law 110–114) is amended—
(2) by inserting after paragraph (1) the following:
“(2) REPORT ON WATER LEVEL MANAGEMENT.—Not later than 1 year after the date of completion of the comprehensive plan for Mississippi River water level management under section 22 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–16), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an implementation report on opportunities identified in the comprehensive plan to expand the use of water level management on the Upper Mississippi River and Illinois Waterway System for the purpose of ecosystem restoration.”.
(a) In general.—For water resources development projects described in subsection (b), the Secretary is authorized—
(1) to evaluate the feasibility of modifications to such projects for the purposes of adding Federal hydropower or energy storage development; and
(2) to grant approval for the use of such projects for non-Federal hydropower or energy storage development in accordance with section 14 of the Act of March 3, 1899 (commonly known as the “Rivers and Harbors Act of 1899”) (30 Stat. 1152, chapter 425; 33 U.S.C. 408).
(b) Projects described.—The projects referred to in subsection (a) are the following:
(1) Sutton Dam, Braxton County, West Virginia, authorized by section 5 of the Act of June 22, 1936 (49 Stat. 1586, chapter 688).
(2) Hildebrand Lock and Dam, Monongahela County, West Virginia, authorized by section 101 of the River and Harbor Act of 1950 (64 Stat. 166, chapter 188).
(3) Bluestone Lake, Summers County, West Virginia, authorized by section 5 of the Act of June 22, 1936 (49 Stat. 1586, chapter 688).
(4) R.D. Bailey Dam, Wyoming County, West Virginia, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1188).
(5) Stonewall Jackson Dam, Lewis County, West Virginia, authorized by section 203 of the Flood Control Act of 1966 (80 Stat. 1421).
(a) In general.—Not later than 1 year after the date of enactment of this Act, the Secretary shall prepare and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a plan to implement the recreational and economic development opportunities identified by the Secretary in the report prepared under section 206 of the Water Resources Development Act of 2020 (134 Stat. 2680) at Corps of Engineers facilities located within a distressed or at-risk county (as described in subsection (a)(1) of that section) in Appalachia.
For the purpose of mitigating adverse impacts to public access to outdoor recreation, to the maximum extent practicable, the Secretary shall consider alternatives to the use of automated fee machines for the collection of fees for the use of developed recreation sites and facilities in West Virginia.
Section 5146 of the Water Resources Development Act of 2007 (121 Stat. 1255) is amended by adding at the end the following:
“(c) Clarifications.—
“(1) IN GENERAL.—At the request of the non-Federal interest for the study of the Lake Champlain Canal Aquatic Invasive Species Barrier carried out under section 542 of the Water Resources Development Act of 2000 (114 Stat. 2671; 121 Stat. 1150; 134 Stat. 2652), the Secretary shall scope the phase II portion of that study to satisfy the feasibility determination under subsection (a).
(a) In general.—Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on concessionaire lease practices by the Corps of Engineers.
(a) Atlanta, Georgia.—Section 219(e)(5) of the Water Resources Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 334) is amended by striking “$25,000,000” and inserting “$75,000,000”.
(b) Eastern Shore and Southwest Virginia.—Section 219(f)(10)(A) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1255) is amended—
(c) Lakes Marion and Moultrie, South Carolina.—Section 219(f)(25) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 130 Stat. 1677; 134 Stat. 2719) is amended by striking “$110,000,000” and inserting “$151,500,000”.
(d) Lake County, Illinois.—Section 219(f)(54) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 114 Stat. 2763A–221) is amended—
(e) Madison and St. Clair Counties, Illinois.—Section 219(f)(55) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 114 Stat. 2763A–221; 134 Stat. 2718) is amended by striking “$45,000,000” and inserting “$100,000,000”.
(f) Calaveras County, California.—Section 219(f)(86) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1259) is amended by striking “$3,000,000” and inserting “$13,280,000”.
(g) Los Angeles County, California.—Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1259) is amended by striking paragraph (93) and inserting the following:
(h) Michigan.—Section 219(f)(157) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1262) is amended—
(2) by adding at the end the following:
“(B) ADDITIONAL PROJECTS.—Amounts made available under subparagraph (A) may be used for design and construction projects for water-related environmental infrastructure and resource protection and development projects in Michigan, including for projects for wastewater treatment and related facilities, water supply and related facilities, environmental restoration, and surface water resource protection and development.”.
(i) Myrtle Beach and vicinity, South Carolina.—Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1267) is amended by striking paragraph (250) and inserting the following:
(j) North Myrtle Beach and vicinity, South Carolina.—Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1267) is amended by striking paragraph (251) and inserting the following:
(k) Horry County, South Carolina.—Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) is amended by adding at the end the following:
(l) Lane County, Oregon.—Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (k)) is amended by adding at the end the following:
(m) Placer County, California.—Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (l)) is amended by adding at the end the following:
(n) Alameda County, California.—Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (m)) is amended by adding at the end the following:
(o) Temecula City, California.—Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (n)) is amended by adding at the end the following:
(p) Yolo County, California.—Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (o)) is amended by adding at the end the following:
(q) Clinton, Mississippi.—Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (p)) is amended by adding at the end the following:
(r) Oxford, Mississippi.—Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (q)) is amended by adding at the end the following:
(s) Madison County, Mississippi.—Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (r)) is amended by adding at the end the following:
(t) Rankin County, Mississippi.—Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (s)) is amended by adding at the end the following:
(u) Meridian, Mississippi.—Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (t)) is amended by adding at the end the following:
(v) Delaware.—Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (u)) is amended by adding at the end the following:
(w) Queens, New York.—Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (v)) is amended by adding at the end the following:
(x) Georgia.—Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (w)) is amended by adding at the end the following:
“(287) GEORGIA.—$75,000,000 for environmental infrastructure, Baldwin County, Bartow County, Floyd County, Haralson County, Jones County, Gilmer County, Towns County, Warren County, Lamar County, Lowndes County, Troup County, Madison County, Toombs County, Dade County, Bulloch County, Gordon County, Walker County, Dooly County, Butts County, Clarke County, Crisp County, Newton County, Bibb County, Baker County, Barrow County, Oglethorpe County, Peach County, Brooks County, Carroll County, Worth County, Jenkins County, Wheeler County, Calhoun County, Randolph County, Wilcox County, Stewart County, Telfair County, Clinch County, Hancock County, Ben Hill County, Jeff Davis County, Chattooga County, Lanier County, Brantley County, Charlton County, Tattnall County, Emanuel County, Mitchell County, Turner County, Bacon County, Terrell County, Macon County, Ware County, Bleckley County, Colquitt County, Washington County, Berrien County, Coffee County, Pulaski County, Cook County, Atkinson County, Candler County, Taliaferro County, Evans County, Johnson County, Irwin County, Dodge County, Jefferson County, Appling County, Taylor County, Wayne County, Clayton County, Decatur County, Schley County, Sumter County, Early County, Webster County, Clay County, Upson County, Long County, Twiggs County, Dougherty County, Quitman County, Meriwether County, Stephens County, Wilkinson County, Murray County, Wilkes County, Elbert County, McDuffie County, Heard County, Marion County, Talbot County, Laurens County, Montgomery County, Echols County, Pierce County, Richmond County, Chattahoochee County, Screven County, Habersham County, Lincoln County, Burke County, Liberty County, Tift County, Polk County, Glascock County, Grady County, Jasper County, Banks County, Franklin County, Whitfield County, Treutlen County, Crawford County, Hart County, Georgia.”.
(y) Maryland.—Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (x)) is amended by adding at the end the following:
(z) Milwaukee metropolitan area, Wisconsin.—Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (y)) is amended by adding at the end the following:
(aa) Hawaii.—Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (z)) is amended by adding at the end the following:
(bb) Alabama.—Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by subsection (aa)) is amended by adding at the end the following:
(cc) Mississippi.—Section 592(g) of the Water Resources Development Act of 1999 (113 Stat. 380; 123 Stat. 2851) is amended by striking “$200,000,000” and inserting “$300,000,000”.
(dd) Central New Mexico.—Section 593(h) of the Water Resources Development Act of 1999 (113 Stat. 381; 119 Stat. 2255) is amended by striking “$50,000,000” and inserting “$100,000,000”.
(ee) North Dakota and Ohio.—Section 594 of the Water Resources Development Act of 1999 (113 Stat. 381; 121 Stat. 1140; 121 Stat. 1944) is amended by adding at the end the following:
(ff) Western rural water.—Section 595(i) of the Water Resources Development Act of 1999 (113 Stat. 383; 134 Stat. 2719) is amended—
(gg) Lake Champlain Watershed, Vermont and New York.—Section 542 of the Water Resources Development Act of 2000 (114 Stat. 2671; 121 Stat. 1150) is amended—
(hh) Texas.—Section 5138 of the Water Resources Development Act of 2007 (121 Stat. 1250) is amended—
(4) by inserting after subsection (f) the following:
(a) In general.—Section 340 of the Water Resources Development Act of 1992 (106 Stat. 4856) is amended—
(1) in the section heading, by striking “environmental restoration infrastructure and resource protection development pilot program”; and
(2) by striking subsection (f) and inserting the following:
“(f) Definition of southern West Virginia.—In this section, the term ‘southern West Virginia’ means the counties of Boone, Braxton, Cabell, Calhoun, Clay, Fayette, Gilmer, Greenbrier, Jackson, Kanawha, Lincoln, Logan, Mason, McDowell, Mercer, Mingo, Monroe, Nicholas, Pendleton, Pocahontas, Putnam, Raleigh, Roane, Summers, Wayne, Webster, Wirt, and Wyoming, West Virginia.”.
(a) In general.—Section 571 of the Water Resources Development Act of 1999 (113 Stat. 371; 121 Stat. 1257; 134 Stat. 2719) is amended—
(2) by striking subsection (a) and inserting the following:
“(a) Definition of northern West Virginia.—In this section, the term ‘northern West Virginia’ means the counties of Barbour, Berkeley, Brooke, Doddridge, Grant, Hampshire, Hancock, Hardy, Harrison, Jefferson, Lewis, Marion, Marshall, Mineral, Morgan, Monongalia, Ohio, Pleasants, Preston, Randolph, Ritchie, Taylor, Tucker, Tyler, Upshur, Wetzel, and Wood, West Virginia.”;
Section 219(f)(272) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) is amended—
(2) by adding at the end the following:
“(B) LOCAL COOPERATION AGREEMENTS.—Notwithstanding subsection (a), at the request of a non-Federal interest for a project or a separable element of a project that receives assistance under this paragraph, the Secretary may adopt a model agreement developed in accordance with section 571(e) of the Water Resources Development Act of 1999 (113 Stat. 371).”.
(a) In general.—In the case of a water resources development project described in subsection (b), the Secretary shall—
(b) Authorized water resources development projects described.—An authorized water resources development project referred to in subsection (a) is any of the following:
(1) The Townsends Inlet to Cape May Inlet, New Jersey, coastal storm risk management project, authorized by section 101(a)(26) of the Water Resources Development Act of 1999 (113 Stat. 278).
(2) The Folly Beach, South Carolina, coastal storm risk management project, authorized by section 501(a) of the Water Resources Development Act of 1986 (100 Stat. 4136) and modified by section 108 of the Energy and Water Development Appropriations Act, 1992 (105 Stat. 520).
(3) The Carolina Beach and Vicinity, North Carolina, coastal storm risk management project, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1182) and modified by section 401(7) of the Water Resources Development Act of 2020 (134 Stat. 2741).
(4) The Wrightsville Beach, North Carolina, coastal storm risk management project, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1182) and modified by section 401(7) of the Water Resources Development Act of 2020 (134 Stat. 2741).
(5) A project for coastal storm risk management for any shore included in a project described in this subsection that is specifically authorized by Congress on or after the date of enactment of this Act.
(6) Emergency repair and restoration of any project described in this subsection under section 5 of the Act of August 18, 1941 (commonly known as the “Flood Control Act of 1941”) (55 Stat. 650, chapter 377; 33 U.S.C. 701n).
Section 103(k)(4) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(k)(4)) is amended—
(1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately;
(2) in the matter preceding clause (i) (as so redesignated), by striking “Notwithstanding” and inserting the following:
(3) in subparagraph (A) (as so redesignated)—
(4) by adding at the end the following:
(a) In general.—The following modifications to studies and projects are authorized:
(1) MISSISSIPPI RIVER GULF OUTLET, LOUISIANA.—The Federal share of the cost of the project for ecosystem restoration, Mississippi River Gulf Outlet, Louisiana, authorized by section 7013(a)(4) of the Water Resources Development Act of 2007 (121 Stat. 1281), shall be 90 percent.
(2) GREAT LAKES AND MISSISSIPPI RIVER INTERBASIN PROJECT, BRANDON ROAD, WILL COUNTY, ILLINOIS.—Section 402(a)(1) of the Water Resources Development Act of 2020 (134 Stat. 2742) is amended by striking “80 percent” and inserting “90 percent”.
(3) LOWER MISSISSIPPI RIVER COMPREHENSIVE MANAGEMENT STUDY.—Section 213 of the Water Resources Development Act of 2020 (134 Stat. 2687) is amended by adding at the end the following:
(4) PORT OF NOME, ALASKA.—
(5) CHICAGO SHORELINE PROTECTION.—The project for storm damage reduction and shore protection, Lake Michigan, Illinois, from Wilmette, Illinois, to the Illinois–Indiana State line, authorized by section 101(a)(12) of the Water Resources Development Act of 1996 (110 Stat. 3664), is modified to authorize the Secretary to provide 65 percent of the cost of the locally preferred plan, as described in the Report of the Chief of Engineers dated April 14, 1994, for the construction of the following segments of the project:
(6) LOWER MUD RIVER, MILTON, WEST VIRGINIA.—
(A) IN GENERAL.—Notwithstanding section 3170 of the Water Resources Development Act of 2007 (121 Stat. 1154), the Federal share of the cost of the project for flood control, Milton, West Virginia, authorized by section 580 of the Water Resources Development Act of 1996 (110 Stat. 3790), and modified by section 340 of the Water Resources Development Act of 2000 (114 Stat. 2612) and section 3170 of the Water Resources Development Act of 2007 (121 Stat. 1154), shall be 90 percent.
(B) LAND, EASEMENTS, AND RIGHTS-OF-WAY.—For the project described in subparagraph (A), the Secretary shall include in the cost of the project, and credit toward the non-Federal share of that cost, the value of land, easements, and rights-of-way provided by the non-Federal interest for the project, including the value of land, easements, and rights-of-way required for the project that are owned or held by the non-Federal interest or other non-Federal public body.
(C) ADDITIONAL ELIGIBILITY.—Unless otherwise directed in an Act making annual appropriations for the Corps of Engineers for a fiscal year in which the Secretary has determined an additional appropriation is required to continue or complete construction of the project described in subparagraph (A), the project shall be eligible for additional funding appropriated by that Act in the Construction account of the Corps of Engineers—
(7) SOUTH SHORE STATEN ISLAND, NEW YORK.—The Federal share of any portion of the cost to design and construct the project for coastal storm risk management, South Shore Staten Island, New York, authorized by section 401(3), that exceeds the estimated total project cost specified in the project partnership agreement for the project, signed by the Secretary on February 15, 2019, shall be 90 percent.
(b) Agreements.—
(1) STUDIES AND PROJECTS WITH MULTIPLE NON-FEDERAL INTERESTS.—At the request of the applicable non-Federal interests for the project described in section 402(a) of the Water Resources Development Act of 2020 (134 Stat. 2742) and for the studies described in subsection (j) of section 213 of that Act (134 Stat. 2687), the Secretary shall not require those non-Federal interests to be jointly and severally liable for all non-Federal obligations in the project partnership agreement for the project or in the feasibility cost share agreements for the studies.
(2) SOUTH SAN FRANCISCO BAY SHORELINE, CALIFORNIA.—
(A) IN GENERAL.—Except for funds required for a betterment or for a locally preferred plan, the Secretary shall not require the non-Federal interest for the project for flood risk management, ecosystem restoration, and recreation, South San Francisco Bay Shoreline, California, authorized by section 1401(6) of the Water Resources Development Act of 2016 (130 Stat. 1714), to contribute funds under an agreement entered into prior to the date of enactment of this Act in excess of the total cash contribution required from the non-Federal interest for the project under section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213).
(B) REQUIREMENT.—The Secretary shall not, at any time, defer, suspend, or terminate construction of the project described in subparagraph (A) solely on the basis of a determination by the Secretary that an additional appropriation is required to cover the Federal share of the cost to complete construction of the project, if Federal funds in an amount determined by the Secretary to be sufficient to continue construction of the project remain available in the allocation for the project under the Long-Term Disaster Recovery Investment Plan for amounts appropriated under the heading “Construction” under the heading “Corps of Engineers—Civil—Department of the Army” in title IV of subdivision 1 of division B of the Bipartisan Budget Act of 2018 (Public Law 115–123; 132 Stat. 76).
The Secretary shall determine that the dredged material disposal plan recommended in the document entitled “Port Fourchon Belle Pass Channel Deepening Project Section 203 Feasibility Study (January 2019, revised January 2020)” is the least cost, environmentally acceptable dredged material disposal plan for the project for navigation, Port Fourchon Belle Passe Channel, Louisiana, authorized by section 403(a)(4) of the Water Resources Development Act of 2020 (134 Stat. 2743).
(a) Delaware beneficial use of dredged material for the Delaware River, Delaware.—
(1) IN GENERAL.—The project for coastal storm risk management, Delaware Beneficial Use of Dredged Material for the Delaware River, Delaware, authorized by section 401(3) of the Water Resources Development Act of 2020 (134 Stat. 2736) (referred to in this subsection as the “project”), is modified—
(A) to direct the Secretary to implement the project using alternative borrow sources to the Delaware River, Philadelphia to the Sea, project, Delaware, New Jersey, Pennsylvania, authorized by the Act of June 25, 1910 (chapter 382, 36 Stat. 637; 46 Stat. 921; 52 Stat. 803; 59 Stat. 14; 68 Stat. 1249; 72 Stat. 297); and
(B) until the Secretary implements the modification under subparagraph (A), to authorize the Secretary, at the request of a non-Federal interest, to carry out initial construction or periodic nourishments at any site included in the project under—
(i) section 1122 of the Water Resources Development Act of 2016 (33 U.S.C. 2326 note; Public Law 114–322); or
(ii) section 204(d) of the Water Resources Development Act of 1992 (33 U.S.C. 2326(d)).
(b) Indian River Inlet Sand Bypass Plant, Delaware.—
(1) IN GENERAL.—The Indian River Inlet Sand Bypass Plant, Delaware, coastal storm risk management project (referred to in this subsection as the “project”), authorized by section 869 of the Water Resources Development Act of 1986 (100 Stat. 4182), is modified to authorize the Secretary, at the request of a non-Federal interest, to provide periodic nourishment through dedicated dredging or other means to maintain or restore the functioning of the project when—
(2) REQUIREMENTS.—A cycle of periodic nourishment provided pursuant to paragraph (1) shall be subject to the following requirements:
(A) COST-SHARE.—The non-Federal share of the cost of a cycle shall be the same percentage as the non-Federal share of the cost to operate the sand bypass plant.
(c) Delaware emergency shore restoration.—
(1) IN GENERAL.—The Secretary is authorized to repair or restore any beach or any federally authorized hurricane or shore protective structure or project located in the State of Delaware pursuant to section 5(a) of the Act of August 18, 1941 (commonly known as the “Flood Control Act of 1941”) (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a)), if—
(2) BENEFIT-COST ANALYSIS.—The Secretary shall determine that the benefits attributable to the objectives set forth in section 209 of the Flood Control Act of 1970 (42 U.S.C. 1962–2) and section 904(a) of the Water Resources Development Act of 1986 (33 U.S.C. 2281(a)) exceed the cost for work carried out under this subsection.
(3) SAVINGS PROVISION.—The authority provided by this subsection shall be in addition to any authority provided by section 5(a) of the Act of August 18, 1941 (commonly known as the “Flood Control Act of 1941”) (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a)) to repair or restore a beach or federally authorized hurricane or shore protection structure or project located in the State of Delaware damaged or destroyed by wind, wave, or water action of other than an ordinary nature.
(d) Indian River Inlet and Bay, Delaware.—In carrying out major maintenance of the project for navigation, Indian River Inlet and Bay, Delaware, authorized by the Act of August 26, 1937 (50 Stat. 846, chapter 832), and section 2 of the Act of March 2, 1945 (59 Stat. 14, chapter 19), the Secretary shall repair, restore, or relocate any non-Federal facility or other infrastructure, that has been damaged, in whole or in part, by the deterioration or failure of the project.
(e) Reprogramming for coastal storm risk management project at Indian River Inlet.—
(1) IN GENERAL.—Notwithstanding any other provision of law, for each fiscal year, the Secretary may reprogram amounts made available for a coastal storm risk management project to use such amounts for the project for coastal storm risk management, Indian River Inlet Sand Bypass Plant, Delaware, authorized by section 869 of the Water Resources Development Act of 1986 (100 Stat. 4182).
Section 5(a) of the Act of August 18, 1941 (commonly known as the “Flood Control Act of 1941”) (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a)) (as amended by section 112(2)), is amended by adding at the end the following:
Section 3017(e) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 3303a note; Public Law 113–121) is amended—
(a) Pilot programs on the formulation of corps of engineers projects in rural communities and economically disadvantaged communities.—Section 118 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116–260) is amended—
(2) in subsection (c)—
(A) in paragraph (2), in the matter preceding subparagraph (A), by striking “make a recommendation to Congress on up to 10 projects” and inserting “recommend projects to Congress”; and
(B) by adding at the end the following:
“(5) RECOMMENDATIONS.—In recommending projects under paragraph (2), the Secretary shall include such recommendations in the next annual report submitted to Congress under section 7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d) after the date of enactment of the Water Resources Development Act of 2022”..”.
(b) Pilot program for caps in small or disadvantaged communities.—Section 165(a) of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116–260) is amended—
Section 133 of the Water Resources Development Act of 2020 (33 U.S.C. 2327a) is amended—
(1) in subsection (a), by striking paragraph (1) and inserting the following:
Section 510(a)(2) of the Water Resources Development Act of 1996 (110 Stat. 3759; 128 Stat. 1317) is amended—
The Secretary is authorized to evaluate hydrologic changes affecting the agreement entitled “Agreement Between the Government of Canada and the United States of America for Water Supply and Flood Control in The Souris River Basin”, signed in 1989.
The Secretary may enter into a memorandum of understanding with the non-Federal interest for the Red River Valley Water Supply Project to accommodate flows for downstream users through Baldhill Dam, North Dakota.
Section 1103(e)(3) of the Water Resources Development Act of 1986 (33 U.S.C. 652(e)(3)) is amended by striking “$40,000,000” and inserting “$75,000,000”.
Section 128(c) of the Water Resources Development Act of 2020 (33 U.S.C. 610 note; Public Law 116–260) is amended by inserting “the Upper Mississippi River and its tributaries,” after “New York,”.
Section 221(a)(4)(C)(i) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)(C)(i)) shall not apply to construction carried out by the non-Federal interest before the date of enactment of this Act for the project for hurricane and storm damage risk reduction, Colleton County, South Carolina, authorized by section 1401(3) of the Water Resources Development Act of 2016 (130 Stat. 1711).
Section 3132 of the Water Resources Development Act of 2007 (121 Stat. 1141) is amended by striking subsection (b) and inserting the following:
“(b) Authorized cost.—The Secretary is authorized to carry out construction of a project under this section at a total cost of $128,400,000, with the cost shared in accordance with section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213).
“(c) Additional feasibility studies authorized.—
Section 560 of the Water Resources Development Act of 1999 (33 U.S.C. 2336) is amended—
Section 509(a)(2) of the Water Resources Development Act of 2020 (33 U.S.C. 610 note; Public Law 116–260) is amended—
Section 592(b) of the Water Resources Development Act of 1999 (113 Stat. 379) is amended by striking “and surface water resource protection and development” and inserting “surface water resource protection and development, stormwater management, drainage systems, and water quality enhancement”.
(a) In general.—Beginning on the date of enactment of this Act, the project for New York Harbor collection and removal of drift, authorized by section 91 of the Water Resources Development Act of 1974 (88 Stat. 39), and deauthorized pursuant to section 6001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 579b) (as in effect on the day before the date of enactment of the WIIN Act (130 Stat. 1628)), is authorized to be carried out by the Secretary.
(b) Feasibility study.— The Secretary shall carry out, and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of, a feasibility study for the project described in subsection (a).
Section 104 of the River and Harbor Act of 1958 (33 U.S.C. 610) is amended—
Beginning on the date of enactment of this Act, the project for navigation, Wolf River Harbor, Tennessee, authorized by title II of the Act of June 16, 1933 (48 Stat. 200, chapter 90) (commonly known as the “National Industrial Recovery Act”), and modified by section 203 of the Flood Control Act of 1958 (72 Stat. 308), is modified to reduce the authorized dimensions of the project, such that the remaining authorized dimensions are a 250-foot-wide, 9-foot-depth channel with a center line beginning at a point 35.139634, -90.062343 and extending approximately 8,500 feet to a point 35.160848, -90.050566.
The matter under the heading “Missouri River Mitigation, Missouri, Kansas, Iowa, and Nebraska” in section 601(a) of the Water Resources Development Act of 1986 (100 Stat. 4143; 121 Stat. 1155), as modified by section 334 of the Water Resources Development Act of 1999 (113 Stat. 306), is amended by adding at the end the following: “When acquiring land to meet the requirements of fish and wildlife mitigation, the Secretary may consider incidental flood risk management benefits.”.
Section 104(f)(4) of the River and Harbor Act of 1958 (33 U.S.C. 610(f)(4)) is amended by striking “2024” and inserting “2026”.
(a) In general.—On receipt of a written request of the Port of Corpus Christi, the Secretary shall—
(1) review the land owned and easements held by the United States for purposes of navigation in Nueces County, Texas; and
(2) convey to the Port of Corpus Christi or, in the case of an easement, release to the owner of the fee title to the land subject to such easement, without consideration, all such land and easements described in paragraph (1) that the Secretary determines are no longer required for project purposes.
As part of the authority of the Secretary to carry out the project for flood damage reduction, bank stabilization, and sediment and erosion control, Yazoo Basin, Mississippi Delta Headwaters, Mississippi, authorized by the matter under the heading “Enhancement of water resource benefits and for emergency disaster work” in title I of Public Law 98–8 (97 Stat. 22), the Secretary may carry out emergency maintenance activities, as the Secretary determines to be necessary, for features of the project completed before the date of enactment of this Act.
(a) In general.—The Secretary may carry out additional feasibility studies for ecosystem restoration, Hudson–Raritan Estuary, New York and New Jersey, including an examination of measures and alternatives at Baisley Pond Park and the Richmond Terrace Wetlands.
(b) Treatment.—A feasibility study carried out under subsection (a) shall be considered a continuation of the study that formulated the project for ecosystem restoration, Hudson–Raritan Estuary, New York and New Jersey, authorized by section 401(5) of the Water Resources Development Act of 2020 (134 Stat. 2740).
(a) Definition of covered project.—In this section, the term “covered project” means a project for navigation authorized by section 1401(1) of the WIIN Act (130 Stat. 1708).
(b) Reimbursement required.—In the case of a covered project for which the non-Federal interest has advanced funds for construction of the project, the Secretary shall reimburse the non-Federal interest for advanced funds that exceed the non-Federal share of the cost of construction of the project as soon as practicable after the completion of each individual contract for the project.
Section 1319(c) of the WIIN Act (130 Stat. 1704) is amended by striking paragraph (2) and inserting the following:
“(2) COST-SHARE.—
“(A) IN GENERAL.—The costs of construction of a Project feature constructed pursuant to paragraph (1) shall be determined in accordance with section 101(a)(1)(B) of the Water Resources Development Act of 1986 (33 U.S.C. 2211(a)(1)(B)).
“(B) SAVINGS PROVISION.—Any increase in costs for the Project due to the construction of a Project feature described in subparagraph (A) shall not be included in the total project cost for purposes of section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280).”.
(a) Definition.—In this section, the term “Lake Tahoe Basin” means the entire watershed drainage of Lake Tahoe including that portion of the Truckee River 1,000 feet downstream from the United States Bureau of Reclamation dam in Tahoe City, California.
(b) Establishment of program.—The Secretary may establish a program for providing environmental assistance to non-Federal interests in Lake Tahoe Basin.
(c) Form of assistance.—Assistance under this section may be in the form of planning, design, and construction assistance for water-related environmental infrastructure and resource protection and development projects in Lake Tahoe Basin—
(d) Public ownership requirement.—The Secretary may provide assistance for a project under this section only if the project is publicly owned.
(e) Local cooperation agreement.—
(1) IN GENERAL.—Before providing assistance under this section, the Secretary shall enter into a local cooperation agreement with a non-Federal interest to provide for design and construction of the project to be carried out with the assistance.
(2) REQUIREMENTS.—Each local cooperation agreement entered into under this subsection shall provide for the following:
(3) COST SHARING.—
(A) IN GENERAL.—The Federal share of project costs under each local cooperation agreement entered into under this subsection shall be 75 percent. The Federal share may be in the form of grants or reimbursements of project costs.
(B) CREDIT FOR DESIGN WORK.—The non-Federal interest shall receive credit for the reasonable costs of planning and design work completed by the non-Federal interest before entering into a local cooperation agreement with the Secretary for a project.
(C) LAND, EASEMENTS, RIGHTS-OF-WAY, AND RELOCATIONS.—The non-Federal interest shall receive credit for land, easements, rights-of-way, and relocations provided by the non-Federal interest toward the non-Federal share of project costs (including all reasonable costs associated with obtaining permits necessary for the construction, operation, and maintenance of the project on publicly owned or controlled land), but not to exceed 25 percent of total project costs.
(f) Applicability of other Federal and State laws.—Nothing in this section waives, limits, or otherwise affects the applicability of any provision of Federal or State law that would otherwise apply to a project to be carried out with assistance provided under this section.
(g) Authorization of appropriations.—There is authorized to be appropriated to carry out this section for the period beginning with fiscal year 2005, $50,000,000, to remain available until expended.
Section 111 of title I of division B of the Miscellaneous Appropriations Act, 2001 (as enacted by section 1(a)(4) of the Consolidated Appropriations Act, 2001 (114 Stat. 2763; 114 Stat. 2763A–224; 121 Stat. 1209)), is amended—
Section 203 of the Water Resources Development Act of 2000 (33 U.S.C. 2269) is amended—
(1) in subsection (a), by striking “(25 U.S.C. 450b)” and inserting “(25 U.S.C. 5304)”;
(2) in subsection (b)—
(D) by adding at the end the following:
“(5) PROJECT JUSTIFICATION.—Notwithstanding any other provision of law or requirement for economic justification established under section 209 of the Flood Control Act of 1970 (42 U.S.C. 1962–2) for a project (other than a project for ecosystem restoration), the Secretary may implement a project under this section if the Secretary determines that the project will—
Section 1046(c) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1254; 132 Stat. 3784; 134 Stat. 2715) is amended—
(a) In general.—The Secretary shall amend Contract DACW56-81-C-0114 between the United States and the Copan Public Works Authority (referred to in this section as the “Authority”), entered into on June 22, 1981, for the utilization by the Authority of storage space for water supply in Copan Lake, Oklahoma (referred to in this section as the “project”)—
(b) Requirement.—During the 2-year period beginning on the effective date of execution of the contract amendment under subsection (a), the Secretary shall—
The Secretary shall fully implement opportunities for enhanced development at Oklahoma Lakes under the authorities provided in section 3134 of the Water Resources Development Act of 2007 (121 Stat. 1142; 130 Stat. 1671) and section 164 of the Water Resources Development Act of 2020 (134 Stat. 2668).
(a) In general.—In carrying out the project for ecosystem restoration, South Fork of the South Branch of the Chicago River, Bubbly Creek, Illinois, authorized by section 401(5) of the Water Resources Development Act of 2020 (134 Stat. 2740), the Secretary shall coordinate to the maximum extent practicable with the Administrator of the Environmental Protection Agency, State environmental agencies, and regional coordinating bodies responsible for the remediation of toxics.
Section 1113 of the Water Resources Development Act of 1986 (100 Stat. 4232) is amended—
(1) in subsection (b)—
(A) by striking “(b) Subject to section 903(a) of this Act, the Secretary is authorized and directed to undertake” and inserting the following:
(3) by inserting after subsection (b) the following:
“(c) Inclusions.—The measures described in subsection (b) shall, to the maximum extent practicable—
“(d) Costs.—
“(1) TOTAL COST.—The measures described in subsection (b) shall be carried out at a total cost of $80,000,000.
“(2) COST SHARING.—
“(A) IN GENERAL.—Except as provided in subparagraph (B), the non-Federal share of the cost of carrying out the measures described in subsection (b) shall be 25 percent.
“(B) SPECIAL RULE.—In the case of a project benefitting an economically disadvantaged community (as defined pursuant to section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116–260)), the Federal share of the cost of carrying out the measures described in subsection (b) shall be 90 percent.”; and
(a) Conveyance.—The Secretary is authorized to convey to the City of Tulsa–Rogers County Port Authority (referred to in this section as the “Port Authority”), for fair market value, all right, title, and interest of the United States in and to the Federal land described in subsection (b).
(b) Federal land described.—
(1) IN GENERAL.—The Federal land to be conveyed under this section is the approximately 176 acres of Federal land located on the following 3 parcels in Rogers County, Oklahoma:
(2) DETERMINATION REQUIRED.—
(A) IN GENERAL.—Subject to paragraph (1) and subparagraphs (B), (C), and (D), the Secretary shall determine the exact property description and acreage of the Federal land to be conveyed under this section.
(B) REQUIREMENT.—In making the determination under subparagraph (A), the Secretary shall reserve from conveyance such easements, rights-of-way, and other interests as the Secretary determines to be necessary and appropriate to ensure the continued operation of the McClellan-Kerr Arkansas River navigation project, including New Graham Lock and Dam 18 as a part of that project, as authorized under the comprehensive plan for the Arkansas River Basin by section 3 of the Act of June 28, 1938 (52 Stat. 1218, chapter 795), and section 10 of the Flood Control Act of 1946 (60 Stat. 647, chapter 596) and where applicable the provisions of the River and Harbor Act of 1946 (60 Stat. 634, chapter 595) and modified by section 108 of the Energy and Water Development Appropriation Act, 1988 (Public Law 100–202; 101 Stat. 1329–112), and section 136 of the Energy and Water Development Appropriations Act, 2004 (Public Law 108–137; 117 Stat. 1842).
(C) OBSTRUCTIONS TO NAVIGABLE CAPACITY.—A conveyance under this section shall not affect the jurisdiction of the Secretary under section 10 of the Act of March 3, 1899 (commonly known as the “Rivers and Harbors Act of 1899”) (30 Stat. 1151, chapter 425; 33 U.S.C. 403) with respect to the Federal land conveyed.
(c) Applicability.—Section 2696 of title 10, United States Code, shall not apply to the conveyance under this section.
(d) Costs.—The Port Authority shall be responsible for all reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with the conveyance.
Section 301(b) of the Water Supply Act of 1958 (43 U.S.C. 390b(b)) is amended, in the fourth proviso, by striking the second sentence and inserting the following: “For Corps of Engineers projects, all annual operation and maintenance costs for municipal and industrial water supply storage under this section shall be reimbursed from State or local interests on an annual basis, and all repair, rehabilitation, and replacement costs shall be reimbursed from State or local interests (1) without interest, during construction of the repair, rehabilitation, or replacement, (2) with interest, in lump sum on the completion of the repair, rehabilitation, or replacement, or (3) at the request of the State or local interest, with interest, over a period of not more than 25 years beginning on the date of completion of the repair, rehabilitation, or replacement, with repayment contracts providing for recalculation of the interest rate at 5-year intervals. At the request of the State or local interest, the Secretary of the Army shall amend a repayment contract entered into under this section on or before the date of enactment of this sentence for the purpose of incorporating the terms and conditions described in paragraph (3) of the preceding sentence.”.
Section 103(l) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(l)) is amended—
(1) by striking the subsection designation and heading and all that follows through “At the request of” in the first sentence and inserting the following:
(2) by adding at the end the following:
“(2) INTEREST.—
“(A) IN GENERAL.—At the request of any non-Federal interest, the Secretary may waive the accrual of interest on any non-Federal cash contribution under this section or section 101 for a project for a period of not more than 1 year if the Secretary determines that—
The project for ecosystem restoration, North Padre Island, Corpus Christi Bay, Texas, constructed by the Secretary prior to the date of enactment of this Act under section 556 of the Water Resources Development Act of 1999 (113 Stat. 353), shall not be eligible for repair and restoration assistance under section 5(a) of the Act of August 18, 1941 (commonly known as the “Flood Control Act of 1941”) (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a)).
In a case in which the Armed Services Board of Contract Appeals or a court of competent jurisdiction rendered a decision on a date that was at least 20 years before the date of enactment of this Act awarding damages to a contractor relating to the adjudication of claims arising from the construction of general navigation features of a project carried out under section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577), notwithstanding the terms of the Project Partnership Agreement, the Secretary shall waive payment of the share of the non-Federal interest of such damages, including attorney's fees, if the Secretary—
In accordance with section 328 of the Water Resources Development Act of 1999 (113 Stat. 304; 121 Stat. 1129), the Secretary shall resume operation, maintenance, repair, rehabilitation, and replacement of the Algiers Canal Levees, Louisiana, at full Federal expense.
Beginning on the date of enactment of this Act, the project for flood control, Israel River, Lancaster, New Hampshire, authorized by section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) is no longer authorized.
The Secretary shall amend Contract DACW56–72–C–0220, between the United States and the City of El Dorado, Kansas, entered into on June 30, 1972, for the utilization by the City of storage space for water supply in El Dorado Lake, Kansas, to change the method of calculation of the interest charges that began accruing on June 30, 1991, on the investment costs for the 72,087 acre-feet of future use storage space, from compounding interest annually to charging simple interest annually on the principal amount, until—
Section 2010 of the Water Resources Reform and Development Act of 2014 (128 Stat. 1270; 132 Stat. 3812) is amended by adding at the end the following:
(a) In general.—At such time as new facilities are available to the Corps of Engineers, and subject to this section, the Secretary shall convey to the Port of Corpus Christi Authority, by deed and without warranty, all right, title, and interest of the United States in and to the property described in subsection (c).
(b) Consideration.—Consideration for the conveyance under subsection (a) shall be determined by an appraisal, satisfactory to the Secretary, of the market value of the property conveyed.
(c) Description of property.—The property referred to in subsection (a) is the land known as “Tract 100” and “Tract 101”, including improvements on that land, in Corpus Christi, Texas, and described as follows:
(1) TRACT 100.— The 1.89 acres, more or less, as conveyed by the Nueces County Navigation District No. 1 of Nueces County, Texas, to the United States by instrument dated October 16, 1928, and recorded at Volume 193, pages 1 and 2, in the Deed Records of Nueces County, Texas.
(2) TRACT 101.—The 0.53 acres as conveyed by the City of Corpus Christi, Nueces County, Texas, to the United States by instrument dated September 24, 1971, and recorded at Volume 318, pages 523 and 524, in the Deed Records of Nueces County, Texas.
(d) Terms and conditions.—
(1) IN GENERAL.—Before conveying the land described in subsection (c) to the Port of Corpus Christi Authority, the Secretary shall ensure that the conditions of buildings and facilities meet applicable requirements under Federal law, as determined by the Secretary.
(2) IMPROVEMENTS.—Improvements to conditions of buildings and facilities on the land described in subsection (c), if any, shall be incorporated into the consideration required under subsection (b).
(3) COSTS OF CONVEYANCE.—In addition to the fair market value for property rights conveyed, the Port of Corpus Christi Authority shall be responsible for all reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with the conveyance under subsection (a).
(a) Definitions.—In this section:
(1) AUTHORIZED RESTORATION SERVICES.—The term “authorized restoration services” means similar and complementary forest, rangeland, and watershed restoration services carried out—
(2) FEDERAL LAND.—
(A) IN GENERAL.—The term “Federal land” means land within the State that is administered by the Corps of Engineers.
(3) FOREST, RANGELAND, AND WATERSHED SERVICES.—
(B) EXCLUSIONS.—The term “forest, rangeland, and watershed restoration services” does not include—
(4) GOOD NEIGHBOR AGREEMENT.—The term “good neighbor agreement” means a cooperative agreement or contract (including a sole source contract) entered into between the Secretary and Governor under subsection (b)(1)(A) to carry out authorized restoration services under this section.
(5) GOVERNOR.—The term “Governor” means the Governor or any other appropriate executive official of the State.
(b) Good neighbor agreements.—
(1) GOOD NEIGHBOR AGREEMENTS.—
(A) IN GENERAL.—The Secretary may carry out a pilot program to enter into good neighbor agreements with the Governor to carry out authorized restoration services in the State in accordance with this section.
(B) PUBLIC AVAILABILITY.—The Secretary shall make each good neighbor agreement available to the public.
(2) TIMBER SALES.—
(A) APPROVAL OF SILVICULTURE PRESCRIPTIONS AND MARKING GUIDES.—The Secretary shall provide or approve all silviculture prescriptions and marking guides to be applied on Federal land in all timber sale projects conducted under this section.
(B) TREATMENT OF REVENUE.—Except as provided in subparagraph (C), funds received from the sale of timber by the Governor under a good neighbor agreement shall be retained and used by the Governor to carry out authorized restoration services under the good neighbor agreement.
(C) EXCESS REVENUE.—
(i) IN GENERAL.—Any funds remaining after carrying out subparagraph (B) that are in excess of the amount provided by the Governor to the Secretary under paragraph (1)(C) shall be returned to the Secretary.
(ii) APPLICABILITY OF CERTAIN PROVISIONS.—Funds returned to the Secretary under clause (i) shall be subject to the first part of section 5 of the Act of June 13, 1902 (commonly known as the “Rivers and Harbors Appropriations Act of 1902”) (32 Stat. 373, chapter 1079; 33 U.S.C. 558).
(3) RETENTION OF NEPA RESPONSIBILITIES.—Any decision required to be made under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any authorized restoration services to be provided under this section on Federal land shall not be delegated to the Governor.
(a) Project modifications.—The project for flood risk management and other purposes, Red Rock Dam and Lake, Des Moines River, Iowa (referred to in this section as the “Red Rock Dam Project”), authorized by section 10 of the Act of December 22, 1944 (commonly known as the “Flood Control Act of 1944”) (58 Stat. 896, chapter 665), and the project for flood risk management, Des Moines Local Flood Protection, Des Moines River, Iowa (referred to in this section as “Flood Protection Project”), authorized by section 10 of that Act (58 Stat. 896, chapter 665), shall be modified as follows, subject to a new or amended agreement between the Secretary and the non-Federal interest for the Flood Protection Project, the City of Des Moines, Iowa (referred to in this section as the “City”), in accordance with section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b):
(b) Federal easement conveyances.—
(1) The Secretary is authorized to convey the following easements, acquired by the Federal Government for the Red Rock Dam Project, to the City to become part of the Flood Protection Project in accordance with subsection (a):
(2) On counter-execution of the new or amended agreement pursuant to the Federal easement conveyances under paragraph (1), the Secretary is authorized to convey the following easements, by quitclaim deed, without consideration, acquired by the Federal Government for the Red Rock Dam project, to the City or to the Des Moines Metropolitan Wastewater Reclamation Authority and no longer required for the Red Rock Dam Project or for the Des Moines Local Flood Protection Project:
(3) All real property interests conveyed under this subsection shall be subject to the standard release of easement disposal process. All administrative fees associated with the transfer of the subject easements to the City or to the Des Moines Metropolitan Wastewater Reclamation Authority will be borne by the transferee.
In the case of the project for flood risk management, Middle Rio Grande, Bernalillo to Belen, New Mexico, authorized by section 401(2) of the Water Resources Development Act of 2020 (134 Stat. 2735), the non-Federal share of the cost of the project shall be the percentage described in section 103(a)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(a)(2)) (as in effect on the day before the date of enactment of the Water Resources Development Act of 1996 (110 Stat. 3658)).
(a) In general.—Section 601(e)(5) of the Water Resources Development Act of 2000 (114 Stat. 2685; 132 Stat. 3786) is amended by striking subparagraph (E) and inserting the following:
“(E) PERIODIC MONITORING.—
“(i) IN GENERAL.—To ensure that the contributions of the non-Federal sponsor equal 50 percent proportionate share for projects in the Plan, during each period of 5 fiscal years, beginning on October 1, 2022, the Secretary shall, for each project—
“(ii) OTHER MONITORING.—The Secretary shall conduct monitoring under clause (i) separately for the preconstruction engineering and design phase and the construction phase for each project in the Plan.
“(iii) CLARIFICATION.—Not later than 90 days after the end of each fiscal year, the Secretary shall provide to the non-Federal sponsor a financial accounting of non-Federal contributions under clause (i)(I) for such fiscal year.
“(iv) LIMITATION.—As applicable, and after including consideration of all expenditures and obligations incurred by the non-Federal sponsor for land and in-kind services for an authorized project for which a project partnership agreement has not been executed, the Secretary shall only require a cash contribution from the non-Federal sponsor to satisfy the cost share requirements of this subsection on the last day of each period of 5 fiscal years under clause (i).”.
(b) Update.—The Secretary and the South Florida Water Management District shall revise the Master Agreement for the Comprehensive Everglades Restoration Plan, executed in 2009 pursuant to section 601 of the Water Resources Development Act of 2000 (114 Stat. 2680), to reflect the amendment made by subsection (a).
(a) In general.—The Secretary shall, to the maximum extent practicable and appropriate, prioritize the reissuance of any regional general permit for maintenance dredging that expired prior to May 1, 2021.
(b) Savings provision.—Nothing in this section affects, preempts, or interferes with any obligation to comply with the provisions of any Federal or State environmental law, including—
(1) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(2) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and
(3) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
In carrying out the project for ecosystem restoration, Puget Sound, Washington, authorized by section 1401(4) of the Water Resources Development Act of 2016 (130 Stat. 1713), the Secretary shall consider the removal and replacement of the Highway 101 causeway and bridges at the Duckabush River Estuary site to be a project feature the costs of which are shared as construction.
(a) Clarification of existing authority.—
(1) IN GENERAL.—Subject to paragraph (2), the Secretary, in consultation with the heads of relevant Federal agencies, the Confederated Tribes of the Warm Springs Indian Reservation of Oregon, the Confederated Tribes and Bands of the Yakama Nation, Nez Perce Tribe, and the Confederated Tribes of the Umatilla Indian Reservation, shall revise and carry out the village development plan for Dalles Dam, Columbia River, Washington and Oregon, as authorized by section 204 of the Flood Control Act of 1950 (64 Stat. 179, chapter 188) to address adverse impacts to Indian villages, housing sites, and related structures as a result of the construction of Bonneville Dam, McNary Dam, and John Day Dam, Washington and Oregon.
(2) EXAMINATION.—Before carrying out the requirements of paragraph (1), the Secretary shall conduct an examination and assessment of the extent to which Indian villages, housing sites, and related structures were displaced or destroyed by the construction of the following projects:
(A) Bonneville Dam, Oregon, as authorized by the first section of the Act of August 30, 1935 (49 Stat. 1038, chapter 831) and the first section and section 2(a) of the Act of August 20, 1937 (50 Stat. 731, chapter 720; 16 U.S.C. 832, 832a(a)).
(b) Provision of assistance on Federal land.—The Secretary may construct housing or provide related assistance on land owned by the United States under the village development plan under subsection (a)(1).
(c) Acquisition and disposal of land.—
(1) IN GENERAL.—Subject to subsection (d), the Secretary may acquire land or interests in land for the purpose of providing housing and related assistance under the village development plan under subsection (a)(1).
(2) ADVANCE ACQUISITION.—Acquisition of land or interests in land under paragraph (1) may be carried out in advance of completion of all required documentation and clearances for the construction of housing or related improvements on the land or on the interests in land.
(3) DISPOSAL OF UNSUITABLE LAND.—If the Secretary determines that any land or interest in land acquired by the Secretary under this section in advance of completion of all required documentation for the construction of housing or related improvements is unsuitable for that housing or for those related improvements, the Secretary may—
(a) Definitions.—In this section:
(b) Sense of Congress.—It is the sense of Congress that the Secretary should—
Section 1177 of the Water Resources Development Act of 2016 (33 U.S.C. 467f–2 note; Public Law 114–322) is amended by adding at the end the following:
“(g) Special rule.—Notwithstanding subsection (c), the non-Federal share of the cost to rehabilitate Waterbury Dam, Washington County, Vermont, under this section, including the cost of any required study, shall be the same share assigned to the non-Federal interest for the cost of initial construction of Waterbury Dam.”.
Section 528(f)(1)(J) of the Water Resources Development Act of 1996 (110 Stat. 3771) is amended—
Section 509(a) of the Water Resources Development Act of 1996 (110 Stat. 3759; 113 Stat. 339; 114 Stat. 2679) is amended by adding at the end the following:
Section 1201(7) of the Water Resources Development Act of 2018 (132 Stat. 3802) is amended by inserting “flood risk management, and ecosystem restoration,” after “navigation,”.
(a) In general.—Not later than 90 days after the date on which the Secretary receives a request from the Governor of Illinois to terminate a contract described in subsection (c), the Secretary shall amend the contract to release to the United States all rights of the State of Illinois to utilize water storage space in the reservoir project to which the contract applies.
(b) Relief of certain obligations.—On execution of an amendment described in subsection (a), the State of Illinois shall be relieved of the obligation to pay the percentage of the annual operation and maintenance expense, the percentage of major replacement cost, and the percentage of major rehabilitation cost allocated to the water supply storage specified in the contract for the reservoir project to which the contract applies.
(c) Contracts.—Subsection (a) applies to the following contracts between the United States and the State of Illinois:
(1) Contract DACW43–88–C–0088, entered into on September 23, 1988, for utilization of storage space for water supply in Rend Lake, Illinois.
(2) Contract DA–23–065–CIVENG–65–493, entered into on April 28, 1965, for utilization of storage space for water supply in Rend Lake, Illinois.
Section 1328(c) of the America’s Water Infrastructure Act of 2018 (132 Stat. 3826) is amended by striking “4 years” and inserting “8 years”.
(a) Transfer.—
(1) IN GENERAL.—Subject to paragraph (2) and for the consideration described in subsection (c), the Secretary shall transfer to the Secretary of the Interior the land described in subsection (b) to be held in trust for the benefit of the Choctaw Nation.
(2) CONDITIONS.—The land transfer under this subsection shall be subject to the following conditions:
(A) The transfer—
(b) Land description.—
(1) IN GENERAL.—The land to be transferred pursuant to subsection (a) is the approximately 247 acres of land located in Sections 18 and 19 of T2N R18E, and Sections 5 and 8 of T2N R19E, Pushmataha County, Oklahoma, generally depicted as “USACE” on the map entitled “Sardis Lake – Choctaw Nation Proposal” and dated February 22, 2022.
(c) Consideration.—The Choctaw Nation shall pay—
(1) to the Secretary an amount that is equal to the fair market value of the land transferred under subsection (a), as determined by the Secretary, which funds may be accepted and expended by the Secretary; and
(2) all costs and administrative expenses associated with the transfer of land under subsection (a), including the costs of—
(B) compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(a) In general.—The Secretary is authorized to convey to the Eddyville Riverport Authority (referred to in this section as the “Authority”), for fair market value, all right, title, and interest of the United States in and to approximately 2.2 acres of land adjacent to the southwestern boundary of the port facilities of the Authority at the Barkley Dam and Lake Barkley, Kentucky, project, authorized by the River and Harbor Act of 1946 (60 Stat. 636, Public Law 79–525).
(b) Conditions.—
The following projects for water resources development and conservation and other purposes, as identified in the reports titled “Report to Congress on Future Water Resources Development” submitted to Congress pursuant to section 7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed by Congress, are authorized to be carried out by the Secretary substantially in accordance with the plans, and subject to the conditions, described in the respective reports or decision documents designated in this section:
(1) NAVIGATION.—
A. State | B. Name | C. Date of Report or Decision Document | D. Estimated Costs |
1. AK | Elim Subsistence Harbor | March 12, 2021 | Federal: $74,905,000Non-Federal: $1,896,000Total: $76,801,000 |
2. CA | Port of Long Beach Deep Draft Navigation, Los Angeles | October 14, 2021; May 31, 2022 | Federal: $73,533,500Non-Federal: $74,995,500Total: $148,529,000 |
3. WA | Tacoma Harbor Navigation Improvement | May 26, 2022 | Federal: $120,701,000Non-Federal: $174,627,000Total: $295,328,000 |
4. NY, NJ | New Jersey Harbor Deepening Channel Improvement | June 3, 2022 | Federal: $2,124,561,500Non-Federal: $3,439,337,500Total: $5,563,899,000 |
(2) FLOOD RISK MANAGEMENT.—
A. State | B. Name | C. Date of Report or Decision Document | D. Estimated Costs |
1. AL | Selma | October 7, 2021 | Federal: $15,533,100Non-Federal: $8,363,900Total: $23,897,000 |
2. CA | Lower Cache Creek, Yolo County, Woodland, and Vicinity | June 21, 2021 | Federal: $215,152,000Non-Federal: $115,851,000Total: $331,003,000 |
3. OR | Portland Metro Levee System | August 20, 2021 | Federal: $77,111,100Non-Federal: $41,521,300Total: $118,632,400 |
4. NE | Papillion Creek and Tributaries Lakes | January 24, 2022 | Federal: $91,491,400Non-Federal: $52,156,300Total: $143,647,700 |
5. AL | Valley Creek, Bessemer and Birmingham | October 29, 2021 | Federal: $17,725,000Non-Federal: $9,586,000Total: $27,311,000 |
6. PR | Rio Guanajibo | May 24, 2022 | Federal: $110,974,500Non-Federal: $59,755,500Total: $170,730,000 |
(3) HURRICANE AND STORM DAMAGE RISK REDUCTION.—
A. State | B. Name | C. Date of Report or Decision Document | D. Estimated Costs |
1. CT | Fairfield and New Haven Counties | January 19, 2021 | Federal: $92,937,000Non-Federal: $50,043,000Total: $142,980,000 |
2. PR | San Juan Metro | September 16, 2021 | Federal: $245,418,000Non-Federal: $131,333,000Total: $376,751,000 |
3. FL | Florida Keys, Monroe County | September 24, 2021 | Federal: $1,513,531,000Non-Federal: $814,978,000Total: $2,328,509,000 |
4. FL | Okaloosa County | October 7, 2021 | Initial Federal: $19,822,000Initial Non-Federal: $11,535,000Initial Total: $31,357,000Renourishment Federal: $71,045,000Renourishment Non-Federal: $73,787,000Renourishment Total: $144,832,000 |
5. SC | Folly Beach | October 26, 2021 | Initial Federal: $45,490,000Initial Non-Federal: $5,054,000Initial Total: $50,544,000Renourishment Federal: $164,424,000Renourishment Non-Federal: $26,767,000Renourishment Total: $191,191,000 |
6. FL | Pinellas County | October 29, 2021 | Initial Federal: $8,627,000Initial Non-Federal: $5,332,000Initial Total: $13,959,000Renourishment Federal: $92,000,000Renourishment Non-Federal: $101,690,000Renourishment Total: $193,690,000 |
7. NY | South Shore of Staten Island, Fort Wadsworth to Oakwood Beach | October 27, 2016 | Federal: $371,310,000Non-Federal: $199,940,000Total: $571,250,000 |
8. LA | Upper Barataria Basin | January 28, 2022 | Federal: $1,005,001,000Non-Federal: $541,155,000Total: $1,546,156,000 |
9. LA | South Central Coast, St. Martin, St. Mary, and Iberia Parishes | June 23, 2022 | Federal: $594,600,000Non-Federal: $320,169,000Total: $914,769,000 |
(4) HURRICANE AND STORM DAMAGE REDUCTION AND ECOSYSTEM RESTORATION.—
A. State | B. Name | C. Date of Report or Decision Document | D. Estimated Costs |
1. TX | Coastal Texas Protection and Restoration Feasibility Study | September 16, 2021 | Federal: $19,237,894,000Non-Federal: $11,668,393,000Total: $30,906,287,000 |
(5) ECOSYSTEM RESTORATION.—
A. State | B. Name | C. Date of Report or Decision Document | D. Estimated Costs |
1. CA | Prado Basin Ecosystem Restoration, San Bernardino, Riverside and Orange Counties | April 22, 2021 | Federal: $33,976,000Non-Federal: $18,294,000Total: $52,270,000 |
2. KY | Three Forks of Beargrass Creek | May 24, 2022 | Federal: $72,138,000Non-Federal: $48,998,000Total: $121,135,000 |
(6) MODIFICATIONS AND OTHER PROJECTS.—
A. State | B. Name | C. Date of Report or Decision Document | D. Estimated Costs |
1. LA | Lake Pontchartrain and Vicinity | December 16, 2021 | Federal: $807,000,000Non-Federal: $434,000,000Total: $1,241,000,000 |
2. LA | West Bank and Vicinity | December 17, 2021 | Federal: $431,000,000Non-Federal: $232,000,000Total: $663,000,000 |
3. GA | Brunswick Harbor, Glynn County | March 11, 2022 | Federal: $10,774,500Non-Federal: $3,594,500Total: $14,369,000 |
4. DC | Washington, DC and Vicinity | July 22, 2021 | Federal: $17,740,000Non-Federal: $0Total: $17,740,000 |
5. MI | Soo Locks, Sault Ste. Marie | June 6, 2022 | Federal: $2,932,116,000Non-Federal: $0Total: $2,932,116,000 |
6. WA | Howard A. Hanson Dam Additional Water Storage | May 19, 2022 | Federal: $815,207,000Non-Federal: $39,979,000Total: $855,185,000 |
7. MO | Critical Infrastructure Cyber Security – Mandatory Center of Expertise Lab and Office Facility | January 13, 2020 | Federal: $5,956,404Non-Federal: $0Total: $5,956,404 |
8. FL | Central and Southern Florida, Indian River Lagoon | May 31, 2022 | Federal: $2,500,686,000Non-Federal: $2,500,686,000Total: $5,001,372,000 |
(a) In general.—The Secretary shall establish a program to carry out structural and nonstructural projects for storm damage prevention and reduction, coastal erosion, and ice and glacial damage in the State of Alaska, including—
(b) Cost share.—The non-Federal interest shall share in the cost to study, design, and construct a project carried out under this section in accordance with sections 103 and 105 of the Water Resources Development Act of 1986 (33 U.S.C. 2213, 2215), except that, in the case of a project benefitting an economically disadvantaged community (as defined pursuant to section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116–260)), the non-Federal share shall be 10 percent.
The Secretary shall expedite completion of the following projects:
(1) Project for flood risk management, Cumberland, Maryland, restoration and rewatering of the Chesapeake and Ohio Canal, authorized by section 580 of the Water Resources Development Act of 1999 (113 Stat. 375).
(2) Project for flood risk management, Tulsa and West–Tulsa Levee System, Tulsa County, Oklahoma, authorized by section 401(2) of the Water Resources Development Act of 2020 (134 Stat. 2735).
(3) Project for flood risk management, Little Colorado River at Winslow, Navajo County, Arizona, authorized by section 401(2) of the Water Resources Development Act of 2020 (134 Stat. 2735).
(4) Project for flood risk management, Rio De Flag, Flagstaff, Arizona, authorized by section 101(b)(3) of the Water Resources Development Act of 2000 (114 Stat. 2576).
(5) Project for flood risk management, Rose and Palm Garden Washes, Arizona, authorized by section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s).
(6) Project for ecosystem restoration, El Corazon, Arizona, authorized by section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330).
(7) Projects for ecosystem restoration, Chesapeake Bay Comprehensive Water Resources and Restoration Plan, Chesapeake Bay Environmental Restoration and Protection Program, authorized by section 510 of the Water Resources Development Act of 1996 (110 Stat. 3759).
(8) Projects authorized under section 219 of the Water Resources Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 334; 121 Stat. 1258).
(9) Projects authorized under section 8004 of the Water Resources Development Act of 2007 (33 U.S.C. 652 note; Public Law 110–114).
(10) Projects authorized under section 519 of the Water Resources Development Act of 2000 (114 Stat. 2653).
(11) Project for flood risk management, Lower Santa Cruz River, Arizona, authorized by section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s).
(12) Project for flood risk management, McCormick Wash, Arizona, authorized by section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s).
(13) Project for navigation, including maintenance and channel deepening, McClellan–Kerr Arkansas River Navigation System.
(15) Maintenance dredging and other authorized activities to address the impacts of shoaling affecting the project for navigation, Branford Harbor and Branford River, Branford, Connecticut, authorized by the first section of the Act of June 13, 1902 (32 Stat. 333, chapter 1079).
(16) Maintenance dredging and other authorized activities to address the impacts of shoaling affecting the project for navigation, Guilford Harbor and Sluice Channel, Connecticut.
(17) Maintenance dredging and other authorized activities to address the impacts of shoaling affecting the project for navigation, Milford Harbor, Connecticut.
(18) Assistance for ecosystem restoration, Lower Yellowstone Intake Diversion Dam, Montana, authorized by section 3109 of the Water Resources Development Act of 2007 (121 Stat. 1135).
(19) Project for mitigation of shore damage from navigation works, Camp Ellis Beach, Saco, Maine, pursuant to section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i).
(20) Project for ecosystem restoration, Lower Blackstone River, Rhode Island, pursuant to section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330).
(22) Maintenance dredging of the Federal channel for the project for navigation, Columbia, Snake, and Clearwater Rivers, Oregon, Washington, and Idaho, authorized by section 2 of the Act of March 2, 1945 (59 Stat. 21, chapter 19), at the Port of Clarkston, Washington, and the Port of Lewiston, Idaho.
(23) Maintenance dredging and other authorized activities to address the impacts of shoaling affecting the project for navigation, Portsmouth Back Channels and Sagamore Creek, Portsmouth, New Castle, and Rye, New Hampshire, authorized by section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577).
(24) Maintenance dredging and other authorized activities to address the impacts of shoaling affecting the project for navigation, Portsmouth Harbor and Piscataqua River, Portsmouth, New Castle, and Newington, New Hampshire, and Kittery and Elliot, Maine, authorized by section 101 of the River and Harbor Act of 1962 (76 Stat. 1173).
(a) The following conditions apply to the project described in section 403(19):
(1) The project is authorized to be carried out under section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i) at a Federal cost of $45,000,000.
(3) For purposes of subsection (b) of section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i), the Secretary shall determine that the navigation works to which the shore damages are attributable were constructed at full Federal expense.
(b) The following conditions apply to the project described in section 403(20):
(1) The project is authorized to be carried out under section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330) at a Federal cost of $15,000,000.
(2) If the Secretary includes in the project a measure on Federal land under the jurisdiction of another Federal agency, the Secretary may enter into an agreement with the Federal agency that provides for the Secretary—
(3) If the Secretary includes in the project a measure for fish passage at a dam licensed for hydropower, the Secretary shall include in the project costs all costs for the measure, except that those costs that are in excess of the costs to provide fish passage at the dam if hydropower improvements were not in place shall be a 100 percent non-Federal expense.
(a) Establishment.—
(1) IN GENERAL.—The Secretary shall establish a program to provide environmental assistance to non-Federal interests in the Chattahoochee River Basin.
(b) Comprehensive plan.—
(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Secretary, in cooperation with State and local governmental officials and affected stakeholders, shall develop a comprehensive Chattahoochee River Basin restoration plan to guide the implementation of projects under subsection (a)(2).
(c) Agreement.—
(1) IN GENERAL.—Before providing assistance under this section, the Secretary shall enter into an agreement with a non-Federal interest for the design and construction of a project carried out pursuant to the comprehensive Chattahoochee River Basin restoration plan described in subsection (b).
(2) REQUIREMENTS.—Each agreement entered into under this subsection shall provide for—
(d) Cost sharing.—
(1) FEDERAL SHARE.—Except as provided in paragraph (2)(B), the Federal share of the total project costs of each agreement entered into under this section shall be 75 percent.
(2) NON-FEDERAL SHARE.—
(A) VALUE OF LAND, EASEMENTS, RIGHTS-OF-WAY, AND RELOCATIONS.—In determining the non-Federal contribution toward carrying out an agreement entered into under this section, the Secretary shall provide credit to a non-Federal interest for the value of land, easements, rights-of-way, and relocations provided by the non-Federal interest, except that the amount of credit provided for a project under this paragraph may not exceed 25 percent of the total project costs.
(e) Cooperation.—In carrying out this section, the Secretary shall cooperate with—
(f) Protection of resources.—A project established under this section shall be carried out using such measures as are necessary to protect environmental, historic, and cultural resources.
(g) Project cap.—The total cost of a project carried out under this section may not exceed $15,000,000.
(a) Definition.—In this section, the term “Lower Mississippi River Basin” means the portion of the Mississippi River that begins at the confluence of the Ohio River and flows to the Gulf of Mexico, and its tributaries and distributaries.
(b) Establishment.—
(1) IN GENERAL.—The Secretary shall establish a program to provide assistance to non-Federal interests in the Lower Mississippi River Basin.
(2) FORM.—
(A) IN GENERAL.—The assistance under paragraph (1) shall be in the form of design and construction assistance for flood or coastal storm risk management or aquatic ecosystem restoration projects in the Lower Mississippi River Basin, based on the comprehensive plan under subsection (c).
(c) Comprehensive plan.—
(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Secretary, in cooperation with State and local governmental officials and affected stakeholders, shall develop a comprehensive Lower Mississippi River Basin plan to guide the implementation of projects under subsection (b)(2).
(2) COORDINATION.—The plan described in paragraph (1) shall, to the maximum extent practicable, consider and avoid duplication of any ongoing or planned actions of other Federal, State, and local agencies and nongovernmental organizations.
(3) PRIORITIZATION.—To the maximum extent practicable, the plan described in paragraph (1) shall give priority to projects eligible under subsection (b)(2) that will also improve water quality, reduce hypoxia in the Lower Mississippi River or Gulf of Mexico, or use a combination of structural and nonstructural measures.
(d) Agreement.—
(e) Cost sharing.—
(1) FEDERAL SHARE.—The Federal share of the cost to design and construct a project under each agreement entered into under this section shall be 75 percent.
(2) NON-FEDERAL SHARE.—
(A) VALUE OF LAND, EASEMENTS, RIGHTS-OF-WAY, AND RELOCATIONS.—In determining the non-Federal contribution toward carrying out an agreement entered into under this section, the Secretary shall provide credit to a non-Federal interest for the value of land, easements, rights-of-way, and relocations provided by the non-Federal interest, except that the amount of credit provided for a project under this paragraph may not exceed 25 percent of the cost to design and construct the project.
(f) Cooperation.—In carrying out this section, the Secretary shall cooperate with—
(g) Project cap.—The total cost of a project carried out under this section may not exceed $15,000,000.
(h) Report.—Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the results of the program under this section, including a recommendation on whether the program should be reauthorized.
(a) In general.—The Secretary is authorized to carry out a research study pilot program at 1 or more dams owned and operated by the Secretary in the North Atlantic Division of the Corps of Engineers to assess the viability of forecast-informed reservoir operations in the eastern United States.
(b) Report.—Not later than 1 year after completion of the research study pilot program under subsection (a), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the study pilot program.
The Secretary shall expedite the replacement of the Mississippi River mat sinking unit.
It is the sense of Congress that—
(1) there is significant shoreline sloughing and erosion at the Okatibbee Lake portion of the project for flood protection, Chunky Creek, Chickasawhay and Pascagoula Rivers, Mississippi, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1183), which has the potential to impact infrastructure, damage property, and put lives at risk; and
Attest:
Secretary
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