Shoreline Health Oversight, Restoration, Resilience, and Enhancement Act
This bill provides for the development of water and water-related resources projects and activities with a particular emphasis on those carried out by the U.S. Army Corps of Engineers.
Among other things, the bill
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3624 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 3624
To provide for improvements to the rivers and harbors of the United
States, to provide for the conservation and development of water and
related resources, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 10, 2022
Mr. Carper (for himself and Mr. Cassidy) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
A BILL
To provide for improvements to the rivers and harbors of the United
States, to provide for the conservation and development of water and
related resources, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Shoreline Health
Oversight, Restoration, Resilience, and Enhancement Act''.
(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. 3. Shoreline and riverbank protection and restoration mission.
Sec. 4. Project authorizations.
Sec. 5. Modifications.
Sec. 6. Reauthorization of certain beach nourishment projects.
Sec. 7. Special rule for certain beach nourishment projects.
Sec. 8. Protection and restoration of other Federal land along rivers
and coasts.
Sec. 9. Flood and coastal storm risk management feasibility studies.
Sec. 10. Credit in lieu of reimbursement.
Sec. 11. Coastal cost calculations.
Sec. 12. Advance payment in lieu of reimbursement for certain Federal
costs.
Sec. 13. Cost sharing for nonstructural projects.
Sec. 14. Coastal community flood control and other purposes.
Sec. 15. Port Fourchon, Louisiana, dredged material disposal plan.
Sec. 16. Delaware shore protection and restoration.
Sec. 17. Great Lakes advance measures assistance.
Sec. 18. Forecasting models for the Great Lakes.
Sec. 19. Chattahoochee River program.
Sec. 20. Mississippi River mat sinking unit.
Sec. 21. Rehabilitation of existing levees.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of the
Army.
SEC. 3. SHORELINE AND RIVERBANK PROTECTION AND RESTORATION MISSION.
(a) Declaration of Policy.--Congress declares that--
(1) it is the policy of the United States to protect and
restore the shorelines of the United States, which include each
beach and shore of the Atlantic and Pacific Oceans, the Gulf of
Mexico, the Great Lakes, and lakes, estuaries, and bays
directly connected to those bodies of water, from the damaging
impacts of climate change and other factors contributing to the
vulnerability of coastal communities and ecosystems;
(2) the protection and restoration of shores, and of the
banks of rivers and streams, from erosion and other damaging
forces exacerbated by climate change shall be restored to a
primary mission of the Corps of Engineers in carrying out water
resources development projects;
(3) projects and measures for the protection and
restoration of shores, and of the banks of rivers and streams,
shall be formulated to increase the resilience of such shores,
and of such banks, from the damaging impacts of climate change
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)) to the maximum extent
practicable; and
(4) periodic nourishment shall be provided, in accordance
with subsection (c) of the first section of the Act of August
13, 1946 (60 Stat. 1056, chapter 960; 33 U.S.C. 426e(c)), and
subject to section 156 of the Water Resources Development Act
of 1976 (42 U.S.C. 1962d-5f), for projects and measures carried
out for the purpose of restoring and increasing the resilience
of ecosystems to the same extent as periodic nourishment is
provided for projects and measures carried out for the purpose
of coastal storm risk management.
(b) Shoreline and Riverine Protection and Restoration.--
(1) In general.--Section 212 of the Water Resources
Development Act of 1999 (33 U.S.C. 2332) is amended--
(A) in the section heading, by striking ``flood
mitigation and riverine restoration program'' and
inserting ``shoreline and riverine protection and
restoration'';
(B) in subsection (a)--
(i) by striking ``undertake a program for
the purpose of conducting'' and inserting
``carry out'';
(ii) by striking ``to reduce flood
hazards'' and inserting ``to reduce erosion and
flood and coastal storm hazards''; and
(iii) by inserting ``and shorelines'' after
``rivers'';
(C) in subsection (b)--
(i) in paragraph (1)--
(I) by striking ``In carrying out
the program, the'' and inserting
``The'';
(II) by inserting ``and coastal
storm'' after ``flood''; and
(III) by inserting ``erosion
mitigation,'' after ``reduction,'';
(ii) in paragraph (3), by striking ``flood
damages'' and inserting ``flood and coastal
storm damages, including the use of measures
described in section 1184(a) of the Water
Resources Development Act of 2016 (33 U.S.C.
2289a(a))''; and
(iii) in paragraph (4)--
(I) by inserting ``and coastal
storm'' after ``flood'';
(II) by inserting ``, shoreline,''
after ``riverine''; and
(III) by inserting ``and coastal
barriers'' after ``floodplains'';
(D) in subsection (c)--
(i) by striking paragraph (1) and inserting
the following:
``(1) Studies.--The non-Federal share of the cost of a
study under this section shall be--
``(A) 20 percent; and
``(B) 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)).''; and
(ii) in paragraph (2)--
(I) in the paragraph heading, by
striking ``flood control''; and
(II) by striking subparagraph (A)
and inserting the following:
``(A) In general.--Design and construction of a
nonstructural measure or project, a measure or project
described in section 1184(a) of the Water Resources
Development Act of 2016 (33 U.S.C. 2289a(a)), or for a
measure or project for environmental restoration, shall
be subject to cost sharing in accordance with section
103(b) of the Water Resources Development Act of 1986
(33 U.S.C. 2213(b)).''; and
(iii) in paragraph (3)--
(I) in the paragraph heading, by
inserting ``or hurricane and storm
damage reduction'' after ``flood
control'';
(II) by inserting ``or hurricane
and storm damage reduction'' after
``flood control''; and
(III) by striking ``section 103(a)
of the Water Resources Development Act
of 1986 (33 U.S.C. 2213(a))'' and
inserting ``section 103 of the Water
Resources Development Act of 1986 (33
U.S.C. 2213), except that the non-
Federal share of the cost to design and
construct a project benefitting an
economically disadvantaged community
(as defined pursuant to section 160 of
the Water Resources Development Act of
2020 (33 U.S.C. 2201 note; Public Law
116-260)) shall be 10 percent'';
(E) in subsection (d)--
(i) by striking paragraph (2);
(ii) by striking the subsection designation
and heading and all that follows through
``Notwithstanding'' in paragraph (1) in the
matter preceding subparagraph (A) and inserting
the following:
``(d) Project Justification.--Notwithstanding'';
(iii) by redesignating subparagraphs (A)
through (C) as paragraphs (1) through (3),
respectively, and indenting appropriately; and
(iv) in paragraph (1) (as so redesignated),
by striking ``flood damages'' and inserting
``flood, coastal storm, or erosion damages'';
(F) in subsection (e)--
(i) by redesignating paragraphs (1) through
(33) as subparagraphs (A) through (GG),
respectively, and indenting appropriately;
(ii) in the matter preceding subparagraph
(A) (as so redesignated), by striking ``In
carrying out'' and inserting the following:
``(1) In general.--In carrying out''; and
(iii) by adding at the end the following:
``(2) Priority projects.--In carrying out this section
after the date of enactment of the Shoreline Health Oversight,
Restoration, Resilience, and Enhancement Act, the Secretary
shall prioritize projects for the following locations:
``(A) Delaware Bay Beaches, Delaware.
``(B) Louisiana Coastal Area, Louisiana.
``(C) Great Lakes Shores and Watersheds.
``(D) Oregon Coastal Area, Oregon.
``(E) Upper Missouri River Basin.
``(F) Kanawha River Basin, West Virginia.
``(G) Any additional locations, as determined
annually by the Secretary.'';
(G) by striking subsections (f), (g), and (i);
(H) by redesignating subsection (h) as subsection
(f); and
(I) in subsection (f) (as so redesignated), by
striking paragraph (2) and inserting the following:
``(2) Projects requiring specific authorization.--The
Secretary shall not carry out a project until Congress enacts a
law authorizing the Secretary to carry out the project, if the
Federal share of the cost to design and construct the project
exceeds--
``(A) $26,000,000, in the case of a project
benefitting an economically disadvantaged community (as
defined pursuant to section 160 of the Water Resources
Development Act of 2020 (33 U.S.C. 2201 note; Public
Law 116-260));
``(B) $23,000,000, in the case of a project other
than a project benefitting an economically
disadvantaged community (as so defined) that--
``(i) is for purposes of environmental
restoration; or
``(ii) derives not less than 50 percent of
the erosion, flood, or coastal storm risk
reduction benefits from nonstructural measures
or measures described in section 1184(a) of the
Water Resources Development Act of 2016 (33
U.S.C. 2289a(a)); or
``(C) $18,500,000, for a project other than a
project described in subparagraph (A) or (B).''.
(2) Clerical amendment.--The table of contents in section
1(b) of the Water Resources Development Act of 1999 (113 Stat.
269) is amended by striking the item relating to section 212
and inserting the following:
``Sec. 212. Shoreline and riverine protection and restoration.''.
SEC. 4. PROJECT AUTHORIZATIONS.
(a) In General.--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) Coastal storm risk management.--
------------------------------------------------------------------------
C. Date of
Report or
A. State B. Name Decision D. Estimated Costs
Document
------------------------------------------------------------------------
1. CT Fairfield and New January 19, Federal: $86,542,000
Haven Counties 2021 Non-Federal: $46,599,000
Total: $133,141,000
------------------------------------------------------------------------
2. PR San Juan Metro September 16, Federal: $237,885,000
2021 Non-Federal: $127,306,000
Total: $365,190,000
------------------------------------------------------------------------
3. FL Florida Keys, September 24, Federal: $1,367,250,000
Monroe County 2021 Non-Federal: $736,212,000
Total: $2,103,462,000
------------------------------------------------------------------------
4. FL Okaloosa County October 7, Federal: $19,822,000
2021 Non-Federal: $11,535,000
Total: $31,357,000
------------------------------------------------------------------------
5. SC Folly Beach October 26, Federal: $45,490,000
2021 Non-Federal: $5,054,000
Total: $50,544,000
------------------------------------------------------------------------
6. FL Pinellas County October 29, Federal: $8,627,000
2021 Non-Federal: $5,332,000
Total: $13,959,000
------------------------------------------------------------------------
7. NY South Shore of October 27, Federal: $371,310,000
Staten Island, 2016 Non-Federal: $199,940,000
Fort Wadsworth to Total: $571,250,000
Oakwood Beach
------------------------------------------------------------------------
8. LA Upper Barataria January 28, Federal: $1,005,000,750
Basin 2022 Non-Federal: $541,154,250
Total: $1,546,155,000
------------------------------------------------------------------------
(2) Ecosystem restoration.--
------------------------------------------------------------------------
C. Date of
Report or
A. State B. Name Decision D. Estimated Costs
Document
------------------------------------------------------------------------
1. CA Prado Basin April 22, Federal: $29,838,000
Ecosystem 2021 Non-Federal: $16,066,000
Restoration, San Total: $45,904,000
Bernardino,
Riverside and
Orange Counties
------------------------------------------------------------------------
(3) Coastal storm risk management and ecosystem
restoration.--
------------------------------------------------------------------------
C. Date of
Report or
A. State B. Name Decision D. Estimated Costs
Document
------------------------------------------------------------------------
1. TX Coastal Texas September 16, Federal: $17,978,202,000
Protection and 2021 Non-Federal:
Restoration $10,894,929,000
Feasibility Study Total: $28,873,131,000
------------------------------------------------------------------------
(4) Modifications and other projects.--
------------------------------------------------------------------------
C. Date of
Report or
A. State B. Name Decision D. Estimated Costs
Document
------------------------------------------------------------------------
1. LA Lake Pontchartrain December 16, Federal: $807,000,000
and Vicinity 2021 Non-Federal: $434,000,000
Total: $1,240,000,000
------------------------------------------------------------------------
2. LA West Bank and December 17, Federal: $431,000,000
Vicinity 2021 Non-Federal: $232,000,000
Total: $663,000,000
------------------------------------------------------------------------
SEC. 5. MODIFICATIONS.
(a) Mississippi River Gulf Outlet, Louisiana.--The Secretary shall
carry out 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), at full Federal
expense.
(b) 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 ``100 percent''.
(c) Lower Mississippi River Comprehensive Management Study.--
Section 213 of the Water Resources Development Act of 2020 (134 Stat.
2687) is amended by adding at the end the following:
``(j) Cost Share.--The Secretary shall carry out the comprehensive
study described in subsection (a), and any feasibility study described
in subsection (e), at full Federal expense.''.
SEC. 6. REAUTHORIZATION OF CERTAIN BEACH NOURISHMENT PROJECTS.
(a) In General.--The Secretary is authorized to continue periodic
nourishment for the following projects for coastal storm risk
management for an additional period of 50 years:
(1) 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).
(2) Segment II, Broward County, Florida, authorized by
section 301 of the River and Harbor Act of 1965 (79 Stat.
1090).
(3) Segment III, Broward County, Florida, authorized by
section 301 of the River and Harbor Act of 1965 (79 Stat.
1090).
(4) Dade County, Florida, authorized by section 203 of the
Flood Control Act of 1968 (82 Stat. 740).
(5) Duval County, Florida, authorized by section 203 of the
Flood Control Act of 1968 (82 Stat. 740).
(6) Tybee Island, Georgia, authorized by section 201 of the
Flood Control Act of 1965 (42 U.S.C. 1962d-5).
(7) Delray Beach segment, Palm Beach County, Florida,
authorized by section 101 of the River and Harbor Act of 1962
(76 Stat. 1177).
(b) Timing.--The additional 50 years provided for a project under
subsection (a) shall begin on the date of expiration of the final
period of periodic nourishment for the project authorized prior to the
date of enactment of this Act.
(c) Special Rule.--For purposes of the project described in
subsection (a)(1), periodic nourishment shall include reimbursement of
the Federal share of the cost to the non-Federal interest for the
project to operate and maintain a sand bypass plant.
SEC. 7. SPECIAL RULE FOR CERTAIN BEACH NOURISHMENT PROJECTS.
(a) In General.--In the case of a water resources development
project described in subsection (b), the Secretary shall--
(1) fund, at full Federal expense, any incremental increase
in cost to the project that results from a legal requirement to
use a borrow source determined by the Secretary to be other
than the least-cost option; and
(2) exclude the cost described in paragraph (1) from the
cost-benefit analysis for the project.
(b) Authorized Water Resources Development Projects Described.--An
authorized water resources development project referred to in
subsection (a) is any of the following:
(1) The Townsends Inlet to Cape May Inlet, New Jersey,
coastal storm risk management project, authorized by section
101(a)(26) of the Water Resources Development Act of 1999 (113
Stat. 278).
(2) The Folly Beach, South Carolina, coastal storm risk
management project, authorized by section 501(a) of the Water
Resources Development Act of 1986 (100 Stat. 4136) and modified
by section 108 of the Energy and Water Development
Appropriations Act, 1992 (105 Stat. 520).
(3) The Carolina Beach and Vicinity, North Carolina,
coastal storm risk management project, authorized by section
203 of the Flood Control Act of 1962 (76 Stat. 1182) and
modified by section 401(7) of the Water Resources Development
Act of 2020 (134 Stat. 2741).
(4) The Wrightsville Beach, North Carolina, coastal storm
risk management project, authorized by section 203 of the Flood
Control Act of 1962 (76 Stat. 1182) and modified by section
401(7) of the Water Resources Development Act of 2020 (134
Stat. 2741).
(5) A project for coastal storm risk management for any
shore included in a project described in this subsection that
is specifically authorized by Congress on or after the date of
enactment of this Act.
(6) Emergency repair and restoration of any project
described in this subsection under section 5 of the Act of
August 18, 1941 (commonly known as the ``Flood Control Act of
1941'') (55 Stat. 650, chapter 377; 33 U.S.C. 701n).
SEC. 8. PROTECTION AND RESTORATION OF OTHER FEDERAL LAND ALONG RIVERS
AND COASTS.
(a) In General.--The Secretary is authorized to use funds made
available to the Secretary for water resources development purposes to
carry out, at full Federal expense, a measure located on, or
benefitting, Federal land under the administrative jurisdiction of
another Federal agency, if the measure--
(1)(A) is for purposes of ecosystem restoration or the
protection and restoration of shores; and
(B)(i) utilizes dredged material from a water resources
development project beneficially; or
(ii) 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 for purposes of mitigation of damages to Federal
land caused by a water resources development project operated
and maintained by the Secretary; or
(3) is for purposes of mitigating damages to fish and
wildlife resources resulting from a water resources development
project.
(b) Applicability.--This section shall apply to a measure for which
construction is initiated after the date of enactment of this Act.
(c) Savings Provision.--Nothing in this section precludes 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 is located on, or benefitting, that land.
(d) Repeal.--
(1) In general.--Section 1025 of the Water Resources Reform
and Development Act of 2014 (33 U.S.C. 2226) is repealed.
(2) Conforming amendment.--The table of contents in section
1(b) of the Water Resources Reform and Development Act of 2014
(128 Stat. 1193) is amended by striking the item relating to
section 1025.
SEC. 9. FLOOD AND COASTAL STORM RISK MANAGEMENT FEASIBILITY STUDIES.
In carrying out a feasibility study 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 results from
the isolated and compound effects of--
(1) a riverine discharge of any magnitude or frequency;
(2) inundation, wave attack, and erosion coinciding with a
hurricane or coastal storm;
(3) a tide of any magnitude or frequency;
(4) a rainfall event of any magnitude or frequency;
(5) seasonal variation in water levels;
(6) groundwater emergence;
(7) sea level rise;
(8) subsidence; and
(9) any other driver of flood risk affecting the study
area.
SEC. 10. CREDIT IN LIEU OF REIMBURSEMENT.
(a) In General.--Section 1022 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2225) is amended--
(1) in subsection (a)--
(A) by striking ``or'' before ``an authorized
coastal navigation project'';
(B) by inserting ``or any other water resources
development project for which the Secretary is
authorized to reimburse the non-Federal interest for
the Federal share of construction or operation and
maintenance,'' before ``the Secretary''; and
(C) by striking ``of the project'' and inserting
``to construct, periodically nourish, or operate and
maintain the project'';
(2) in each of subsections (b) and (c), by striking ``flood
damage reduction and coastal navigation'' each place it appears
and inserting ``water resources development''; and
(3) by adding at the end the following:
``(d) Applicability.--With respect to a project constructed under
section 204 of the Water Resources Development Act of 1986 (33 U.S.C.
2232), the Secretary shall exercise the authority under this section to
apply credits and reimbursements related to the project in a manner
consistent with the requirements of subsection (d) of that section.''.
(b) Treatment of Credit Between Projects.--Section 7007(d) of the
Water Resources Development Act of 2007 (121 Stat. 1277; 128 Stat.
1226) is amended by inserting ``, or may be applied to reduce the
amounts required to be paid by the non-Federal interest under the terms
of the deferred payment agreements entered into between the Secretary
and the non-Federal interest for the projects authorized by section
7012(a)(1)'' before the period at the end.
SEC. 11. COASTAL COST CALCULATIONS.
Section 152(a) of the Water Resources Development Act of 2020 (33
U.S.C. 2213a(a)) is amended by inserting ``or coastal storm risk
management'' after ``flood risk management''.
SEC. 12. ADVANCE PAYMENT IN LIEU OF REIMBURSEMENT FOR CERTAIN FEDERAL
COSTS.
The Secretary is authorized to provide in advance to the non-
Federal interest the Federal share of funds required for the
acquisition of land, easements, and rights-of-way and the performance
of relocations for a project or separable element--
(1) authorized to be constructed at full Federal expense;
or
(2) described in section 103(b)(2) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(b)(2)).
SEC. 13. COST SHARING FOR NONSTRUCTURAL PROJECTS.
(a) In General.--Section 103(b) of the Water Resources Development
Act of 1986 (33 U.S.C. 2213(b)) is amended--
(1) in paragraph (1)--
(A) in the first sentence, by striking ``The'' and
inserting ``Except as provided in paragraph (3), the'';
and
(B) by striking ``35 percent'' each place it
appears and inserting ``20 percent'';
(2) in paragraph (2)--
(A) in the paragraph heading, by striking ``35
percent'' and inserting ``required non-federal share'';
(B) by striking ``At any time'' and inserting
``Except as provided in paragraph (3), at any time'';
(C) by striking ``35 percent'' and inserting ``20
percent (or 10 percent, in the case of a measure
described in paragraph (3))''; and
(D) by striking ``65 percent'' and inserting ``80
percent (or 90 percent, in the case of a measure
described in paragraph (3))''; and
(3) by adding at the end the following:
``(3) Certain projects.--The non-Federal share of the cost
of a measure described in paragraph (1) that benefits 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.''.
(b) Application.--The amendments made by subsection (a) shall apply
to--
(1) any project that is authorized on or after the date of
enactment of this Act; and
(2) any project that is not specifically authorized by
Congress, for which--
(A) a Detailed Project Report is approved after the
date of enactment of this Act; or
(B) in the case of a project for which no Detailed
Project Report is prepared, construction is initiated
after the date of enactment of this Act.
SEC. 14. COASTAL COMMUNITY FLOOD CONTROL AND OTHER PURPOSES.
Section 103(k)(4) of the Water Resources Development Act of 1986
(33 U.S.C. 2213(k)(4)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and indenting appropriately;
(2) in the matter preceding clause (i) (as so
redesignated), by striking ``Notwithstanding'' and inserting
the following:
``(A) In general.--Notwithstanding'';
(3) in subparagraph (A) (as so redesignated)--
(A) in clause (i) (as so redesignated)--
(i) by striking ``$200 million'' and
inserting ``$200,000,000''; and
(ii) by striking ``and'' at the end;
(B) in clause (ii) (as so redesignated)--
(i) by inserting ``an amount equal to \2/3\
of'' after ``repays''; and
(ii) by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(iii) the non-Federal interest repays the
balance of remaining principal by June 1,
2032.''; and
(4) by adding at the end the following:
``(B) Repayment options.--Repayment of a non-
Federal contribution under subparagraph (A)(iii) may be
satisfied through the provision by the non-Federal
interest of fish and wildlife mitigation for one or
more projects or separable elements, if the Secretary
determines that--
``(i) the non-Federal interest has incurred
costs for the provision of mitigation that--
``(I) equal or exceed the amount of
the required repayment; and
``(II) are in excess of any
required non-Federal contribution for
the project or separable element for
which the mitigation is provided; and
``(ii) the mitigation is integral to the
project for which it is provided.''.
SEC. 15. PORT FOURCHON, LOUISIANA, DREDGED MATERIAL DISPOSAL PLAN.
The Secretary shall determine that the dredged material disposal
plan recommended in the document entitled ``Port Fourchon Belle Pass
Channel Deepening Project Section 203 Feasibility Study (January 2019,
revised January 2020)'' is the least cost, environmentally acceptable
dredged material disposal plan for the project for navigation, Port
Fourchon Belle Passe Channel, Louisiana, authorized by section
403(a)(4) of the Water Resources Development Act of 2020 (134 Stat.
2743).
SEC. 16. DELAWARE SHORE PROTECTION AND RESTORATION.
(a) Delaware Beneficial Use of Dredged Material for the Delaware
River, Delaware.--
(1) In general.--The project for coastal storm risk
management, Delaware Beneficial Use of Dredged Material for the
Delaware River, Delaware, authorized by section 401(3) of the
Water Resources Development Act of 2020 (134 Stat. 2736)
(referred to in this subsection as the ``project''), is
modified--
(A) to direct the Secretary to implement the
project using alternative borrow sources to the
Delaware River, Philadelphia to the Sea, project,
Delaware, New Jersey, Pennsylvania, authorized by the
Act of June 25, 1910 (chapter 382, 36 Stat. 637; 46
Stat. 921; 52 Stat. 803; 59 Stat. 14; 68 Stat. 1249; 72
Stat. 297); and
(B) until the Secretary implements the modification
under subparagraph (A), to authorize the Secretary, at
the request of a non-Federal interest, to carry out
initial construction or periodic nourishments at any
site included in the project under--
(i) section 1122 of the Water Resources
Development Act of 2016 (33 U.S.C. 2326 note;
Public Law 114-322); or
(ii) section 204(d) of the Water Resources
Development Act of 1992 (33 U.S.C. 2326(d)).
(2) Treatment.--If the Secretary determines that a study is
required to carry out paragraph (1)(A), the study shall be
considered to be a continuation of the study that formulated
the project.
(b) Indian River Inlet Sand Bypass Plant, Delaware.--
(1) In general.--The Indian River Inlet Sand Bypass Plant,
Delaware, coastal storm risk management project (referred to in
this subsection as the ``project''), authorized by section 869
of the Water Resources Development Act of 1986 (100 Stat.
4182), is modified to authorize the Secretary, at the request
of a non-Federal interest, to provide periodic nourishment
through dedicated dredging or other means to maintain or
restore the functioning of the project when--
(A) the sand bypass plant is inoperative; or
(B) operation of the sand bypass plant is
insufficient to maintain the functioning of the
project.
(2) Requirements.--A cycle of periodic nourishment provided
pursuant to paragraph (1) shall be subject to the following
requirements:
(A) Cost share.--The non-Federal share of the cost
of a cycle shall be the same percentage as the non-
Federal share of the cost to operate the sand bypass
plant.
(B) Decision document.--If the Secretary determines
that a decision document is required to support a
request for funding for the Federal share of a cycle,
the decision document may be prepared using funds made
available to the Secretary for construction or for
investigations.
(C) Treatment.--
(i) Decision document.--A decision document
prepared under subparagraph (B) shall not be
subject to a new investment determination.
(ii) Cycles.--A cycle shall be considered
continuing construction.
(c) Delaware Emergency Shore Restoration.--
(1) In general.--The Secretary is authorized to construct,
repair, or restore a federally authorized hurricane or shore
protective structure or project located in the State of
Delaware pursuant to section 5(a) of the Act of August 18, 1941
(commonly known as the ``Flood Control Act of 1941'') (55 Stat.
650, chapter 377; 33 U.S.C. 701n(a)), if--
(A) the structure, project, or shore is damaged by
wind, wave, or water action associated with a storm of
any magnitude; and
(B) the damage prevents the adequate functioning of
the structure, project, or shore.
(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 federally authorized
hurricane or shore protection structure or project located in
the State of Delaware damaged or destroyed by wind, wave, or
water action of other than an ordinary nature.
(d) Indian River Inlet and Bay, Delaware.--In carrying out major
maintenance of the project for navigation, Indian River Inlet and Bay,
Delaware, authorized by the Act of August 26, 1937 (50 Stat. 846,
chapter 832), and section 2 of the Act of March 2, 1945 (59 Stat. 14,
chapter 19), the Secretary shall repair, restore, or relocate any non-
Federal facility or other infrastructure, that has been damaged, in
whole or in part, by the deterioration or failure of the project.
(e) Reprogramming for Coastal Storm Risk Management Project at
Indian River Inlet.--
(1) In general.--Notwithstanding any other provision of
law, for each fiscal year, the Secretary may reprogram amounts
made available for a coastal storm risk management project to
use such amounts for the project for coastal storm risk
management, Indian River Inlet Sand Bypass Plant, Delaware,
authorized by section 869 of the Water Resources Development
Act of 1986 (100 Stat. 4182).
(2) Limitations.--
(A) In general.--The Secretary may carry out not
more than 2 reprogramming actions under paragraph (1)
for each fiscal year.
(B) Amount.--For each fiscal year, the Secretary
may reprogram--
(i) not more than $100,000 per
reprogramming action; and
(ii) not more than $200,000 for each fiscal
year.
SEC. 17. GREAT LAKES ADVANCE MEASURES ASSISTANCE.
The following requirements shall apply to the provision of advance
measures 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 the Great Lakes Region:
(1) The Secretary shall not deny a request from the
Governor of a State to provide advance measures assistance to
reduce the risk of damage from rising water levels in the Great
Lakes solely on the basis that the damage is caused by erosion.
(2) Advance measures assistance provided by the Secretary
to reduce the risk of damage from rising water levels in the
Great Lakes shall be provided at full Federal expense.
SEC. 18. FORECASTING MODELS FOR THE GREAT LAKES.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for the Engineer Research and Development
Center to complete and maintain a model suite to forecast water levels,
account for lake level variability, and account for the impacts of
climate change in the Great Lakes--
(1) $10,000,000 to complete the model suite; and
(2) $250,000 for each fiscal year following the fiscal year
during which the model suite is completed, for maintenance of
the model suite.
(b) Savings Provision.--Nothing in this section 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 subsection (a), if funds are not appropriated for those
activities pursuant to subsection (a).
SEC. 19. CHATTAHOOCHEE RIVER PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary shall establish a program to
provide environmental assistance to non-Federal interests in
the Chattahoochee River Basin.
(2) Form.--The assistance under paragraph (1) shall be in
the form of design and construction assistance for water-
related resource protection and restoration projects affecting
the Chattahoochee River Basin, based on the comprehensive plan
under subsection (b), including projects for--
(A) sediment and erosion control;
(B) protection of eroding shorelines;
(C) ecosystem restoration, including restoration of
submerged aquatic vegetation;
(D) protection of essential public works;
(E) beneficial uses of dredged material; and
(F) other related projects that may enhance the
living resources of the Chattahoochee River Basin.
(b) Comprehensive Plan.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary, in cooperation with State
and local governmental officials and affected stakeholders,
shall develop a comprehensive Chattahoochee River Basin
restoration plan to guide the implementation of projects under
subsection (a)(2).
(2) Coordination.--The restoration plan described in
paragraph (1) shall, to the maximum extent practicable,
consider and avoid duplication of any ongoing or planned
actions of other Federal, State, and local agencies and
nongovernmental organizations.
(3) Prioritization.--The restoration plan described in
paragraph (1) shall give priority to projects eligible under
subsection (a)(2) that will also improve water quality or
quantity or use natural hydrological features and systems.
(c) Agreement.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into an agreement with a
non-Federal interest for the design and construction of a
project carried out pursuant to the comprehensive Chattahoochee
River Basin restoration plan described in subsection (b).
(2) Requirements.--Each agreement entered into under this
subsection shall provide for--
(A) the development by the Secretary, in
consultation with appropriate Federal, State, and local
officials, of a resource protection and restoration
plan, including appropriate engineering plans and
specifications and an estimate of expected resource
benefits; and
(B) the establishment of such legal and
institutional structures as are necessary to ensure the
effective long-term operation and maintenance of the
project by the non-Federal interest.
(d) Cost Sharing.--
(1) Federal share.--Except as provided in paragraph (2)(B),
the Federal share of the total project costs of each agreement
entered into under this section shall be 80 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 20 percent of the total project costs.
(B) Operation and maintenance costs.--The non-
Federal share of the costs of operation and maintenance
of activities carried out under an agreement under this
section shall be 100 percent.
(e) Cooperation.--In carrying out this section, the Secretary shall
cooperate with--
(1) the heads of appropriate Federal agencies, including--
(A) the Administrator of the Environmental
Protection Agency;
(B) the Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric
Administration;
(C) the Secretary of the Interior, acting through
the Director of the United States Fish and Wildlife
Service; and
(D) the heads of such other Federal agencies as the
Secretary determines to be appropriate; and
(2) agencies of a State or political subdivision of a
State.
(f) Protection of Resources.--A project established under this
section shall be carried out using such measures as are necessary to
protect environmental, historic, and cultural resources.
(g) Project Cap.--The total cost of a project carried out under
this section may not exceed $15,000,000.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $90,000,000.
SEC. 20. MISSISSIPPI RIVER MAT SINKING UNIT.
The Secretary shall expedite the replacement of the Mississippi
River mat sinking unit.
SEC. 21. REHABILITATION OF EXISTING LEVEES.
Section 3017 of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 3303a note; Public Law 113-121) is amended by striking
subsection (e).
<all>
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line