Water Resources Development Act of 2022
This bill authorizes the U.S. Army Corps of Engineers to carry out activities concerning water resources development projects, ecosystem restoration, flood control, water supply and wastewater infrastructure, or navigation.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4136 Reported in Senate (RS)]
<DOC>
Calendar No. 361
117th CONGRESS
2d Session
S. 4136
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
May 4, 2022
Mr. Carper, from the Committee on Environment and Public Works,
reported the following original bill; which was read twice and placed
on the calendar
_______________________________________________________________________
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 ``Water Resources
Development Act of 2022''.
(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.
TITLE I--GENERAL PROVISIONS
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. Retention of recreation fees.
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 flood risk management.
Sec. 142. Continuation of construction.
TITLE II--STUDIES AND REPORTS
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. Upper St. Johns River Basin, 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.
TITLE III--DEAUTHORIZATIONS, MODIFICATIONS, AND RELATED PROVISIONS
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.
TITLE IV--WATER RESOURCES INFRASTRUCTURE
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.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of the
Army.
TITLE I--GENERAL PROVISIONS
SEC. 101. SCOPE OF FEASIBILITY STUDIES.
(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--
(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; or
(9) any other driver of flood risk affecting the study
area.
(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--
(1) to maximize combined net benefits for the primary
purpose of the study and for water supply, water supply
conservation, and drought risk reduction; or
(2) to include 1 or more measures for the purpose of water
supply, water supply conservation, or drought risk reduction.
(c) Cost Sharing.--All costs to carry out a feasibility study in
accordance with this section shall be shared in accordance with the
cost share requirements otherwise applicable to the study.
SEC. 102. SHORELINE AND RIVERBANK PROTECTION AND RESTORATION MISSION.
(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'';
(B) by striking subsection (a) and inserting the
following:
``(a) In General.--The Secretary may carry out projects--
``(1) to reduce flood and coastal storm hazards, including
shoreline erosion and riverbank and streambank failures; or
``(2) to restore the natural functions and values of rivers
and shorelines throughout the United States.'';
(C) in subsection (b)--
(i) by striking paragraph (1) and inserting
the following:
``(1) Authority.--
``(A) Studies.--The Secretary may carry out studies
to identify appropriate measures for--
``(i) the reduction of flood and coastal
storm hazards, including shoreline erosion and
riverbank and streambank failures; or
``(ii) the restoration of the natural
functions and values of rivers and shorelines.
``(B) Projects.--Subject to subsection (f)(2), the
Secretary may design and implement projects described
in subsection (a).'';
(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.--
``(A) In general.--Subject to subparagraph (B), the
non-Federal share of the cost of a study under this
section shall be--
``(i) 50 percent; and
``(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)).
``(B) Federal interest determination.--The first
$100,000 of the costs of a study under this section
shall be at full Federal expense.''; 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 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'';
(II) by striking ``control'' and
inserting ``and coastal storm risk
management''; 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)--
(I) by inserting ``or coastal
storm'' after ``flood''; and
(II) by inserting ``, including
erosion or riverbank or streambank
failures'' after ``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 Water Resources Development
Act of 2022, the Secretary shall prioritize projects for the
following locations:
``(A) Delaware beaches and watersheds, Delaware.
``(B) Louisiana Coastal Area, Louisiana.
``(C) Great Lakes Shores and Watersheds.
``(D) Oregon Coastal Area, Oregon.
``(E) Upper Missouri River Basin.
``(F) Ohio River Tributaries and their watersheds,
West Virginia.
``(G) Chesapeake Bay watershed and Maryland
beaches, Maryland.'';
(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.''.
(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''.
SEC. 103. INLAND WATERWAY PROJECTS.
(a) In General.--Section 102(a) of the Water Resources Development
Act of 1986 (33 U.S.C. 2212(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``One-half of the costs'' and inserting ``75 percent of the
costs''; and
(2) in the undesignated matter following paragraph (3), in
the second sentence, by striking ``One-half of such costs'' and
inserting ``25 percent of such costs''.
(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''.
SEC. 104. 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
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
(3) utilizes dredged material from a water resources
development project beneficially.
(b) Applicability.--This section shall apply to a measure for which
construction is initiated after the date of enactment of this Act.
(c) Exclusion.--In this section, the term ``Federal land'' does not
include a military installation.
(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.
(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. 105. POLICY AND TECHNICAL STANDARDS.
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.
SEC. 106. PLANNING ASSISTANCE TO STATES.
(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)--
(A) in paragraph (3), by striking ``section 236 of
title 10'' and inserting ``section 4141 of title 10'';
and
(B) by adding at the end the following:
``(4) Prioritization.--To the maximum extent practicable,
the Secretary shall prioritize the provision of assistance
under this subsection to address both inland and coastal life
safety risks.'';
(2) by redesignating subsections (b) through (f) as
subsections (c) through (g), respectively;
(3) by inserting after subsection (a) the following:
``(b) Outreach.--
``(1) In general.--The Secretary is authorized to carry out
activities, at full Federal expense--
``(A) to inform and educate States and other non-
Federal interests about the missions, programs,
policies, and procedures of the Corps of Engineers; and
``(B) to engage with States and other non-Federal
interests to identify specific opportunities to partner
with the Corps of Engineers to address water resources
development needs.
``(2) Staff.--The Secretary shall designate staff in each
district office of the Corps of Engineers to provide assistance
under this subsection.''; and
(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))''.
SEC. 107. FLOODPLAIN MANAGEMENT SERVICES.
Section 206 of the Flood Control Act of 1960 (33 U.S.C. 709a) is
amended--
(1) in subsection (a)--
(A) in the second sentence, by striking ``Surveys
and guides'' and inserting the following:
``(2) Surveys and guides.--Surveys and guides'';
(B) in the first sentence--
(i) by inserting ``identification of areas
subject to floods due to accumulated snags and
other debris,'' after ``inundation by floods of
various magnitudes and frequencies,''; and
(ii) by striking ``In recognition'' and
inserting the following:
``(1) In general.--In recognition''; and
(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).'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following:
``(d) Institutions of Higher Education.--Notwithstanding section
4141 of title 10, United States Code, in carrying out this section, the
Secretary may work with an institution of higher education, as
determined appropriate by the Secretary.''.
SEC. 108. WORKFORCE PLANNING.
(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--
(1) to foster, enhance, and support science, technology,
engineering, and math education and awareness; and
(2) to recruit individuals for careers at the Corps of
Engineers.
(c) Partnering Entities.--In carrying out activities under this
section, the Secretary may enter into partnerships with--
(1) public and nonprofit elementary and secondary schools;
(2) community colleges;
(3) technical schools;
(4) colleges and universities, including historically Black
colleges and universities; and
(5) other institutions of learning.
(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)).
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2023 through 2027.
SEC. 109. 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. 110. 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. 111. 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. 112. USE OF EMERGENCY FUNDS.
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.
``(ii) Compliance with other laws.--The
non-Federal sponsor shall carry out all
activities under this paragraph in compliance
with all laws and regulations that would apply
if the activities were carried out by the
Secretary.
``(C) Payment.--
``(i) In general.--The Secretary is
authorized to provide payment, in the form of
an advance or a reimbursement, to the non-
Federal sponsor for the Federal share of the
cost of a planning design, or construction
activity for the repair or restoration work
described in paragraph (1).
``(ii) Additional amounts.--If the Federal
share of the cost of the activity under this
paragraph exceeds the amount obligated by the
Secretary under an agreement under subparagraph
(B), the advance or reimbursement of such
additional amounts shall be at the discretion
of the Secretary.
``(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).''.
SEC. 113. RESEARCH AND DEVELOPMENT.
(a) In General.--Section 7 of the Water Resources Development Act
of 1988 (33 U.S.C. 2313) is amended--
(1) in the section heading, by striking ``collaborative'';
(2) in subsection (b), by redesignating paragraphs (1) and
(2) as subparagraphs (A) and (B), respectively, and indenting
appropriately;
(3) by striking subsection (e);
(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--
``(1) authorized by Congress; or
``(2) included in an Act making appropriations for the
Corps of Engineers.
``(b) Collaborative Research and Development.--
``(1) In general.--In carrying out subsection (a), the
Secretary is authorized to utilize'';
(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'';
(C) in paragraph (4) (as so redesignated), by
striking ``subsection (c)'' and inserting ``paragraph
(3)''; and
(D) in paragraph (5) (as so redesignated), by
striking ``this section'' and inserting ``this
subsection;''; and
(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--
``(A) ensure that management, technical, and
contracting personnel of the Corps of Engineers
involved in the award or administration of transactions
under this section or other innovative forms of
contracting are afforded opportunities for adequate
education and training; and
``(B) establish minimum levels and requirements for
continuous and experiential learning for such
personnel, including levels and requirements for
acquisition certification programs.
``(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).
``(2) Contents.--A report under paragraph (1) shall
include--
``(A) a description of each ongoing and new
project, including--
``(i) the estimated total cost;
``(ii) the amount of Federal expenditures;
``(iii) the amount of expenditures by a
non-Federal entity as described in subsection
(b)(1), if applicable;
``(iv) the estimated timeline for
completion;
``(v) the requesting district of the Corps
of Engineers, if applicable; and
``(vi) how the project is consistent with
subsection (a); and
``(B) any additional information that the Secretary
determines to be appropriate.
``(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))).
``(g) Research and Development Account.--
``(1) In general.--There is established a Research and
Development account of the Corps of Engineers for the purposes
of carrying out this section.
``(2) Authorization of appropriations.--There is authorized
to be appropriated to the Research and Development account
established by paragraph (1) $85,000,000 for each of fiscal
years 2023 through 2027.''.
(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) Clerical Amendment.--The table of contents contained in section
1(b) of the Water Resources Development Act of 1988 (102 Stat. 4012) is
amended by striking the item relating to section 7 and inserting the
following:
``Sec. 7. Research and development.''.
SEC. 114. TRIBAL AND ECONOMICALLY DISADVANTAGED COMMUNITIES ADVISORY
COMMITTEE.
(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--
(1) 5 individuals representing organizations with expertise
in environmental policy, rural water resources, economically
disadvantaged communities, Tribal rights, or civil rights; and
(2) 5 individuals, each representing a non-Federal interest
for a Corps of Engineers project.
(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;
(B) integrating consideration of economically
disadvantaged communities and Indian Tribes, where
applicable, in the development of water resources
development projects and programs of the Corps of
Engineers; and
(C) improving the capability and capacity of the
workforce of the Corps of Engineers to assist
economically disadvantaged communities and Indian
Tribes.
(2) Meetings.--The Committee shall meet as appropriate to
develop and make recommendations under paragraph (1).
(3) Report.--Recommendations provided under paragraph (1)
shall be--
(A) included in a report submitted to the Committee
on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives; and
(B) be made publicly available, including on a
publicly available website.
(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.).
(4) Applicability of faca.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall apply to the Committee.
SEC. 115. NON-FEDERAL INTEREST ADVISORY COMMITTEE.
(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--
(A) be appointed by the Secretary; and
(B) have the requisite experiential or technical
knowledge needed to address issues related to water
resources needs and challenges.
(2) Representatives.--The members of the Committee shall
include the following:
(A) A representative of each of the following:
(i) A non-Federal interest for a project
for navigation for an inland harbor.
(ii) A non-Federal interest for a project
for navigation for a harbor.
(iii) A non-Federal interest for a project
for flood risk management.
(iv) A non-Federal interest for a project
for coastal storm risk management.
(v) A non-Federal interest for a project
for aquatic ecosystem restoration.
(B) A representative of each of the following:
(i) A non-Federal stakeholder with respect
to inland waterborne transportation.
(ii) A non-Federal stakeholder with respect
to water supply.
(iii) A non-Federal stakeholder with
respect to recreation.
(iv) A non-Federal stakeholder with respect
to hydropower.
(v) A non-Federal stakeholder with respect
to emergency preparedness, including coastal
protection.
(C) A representative of each of the following:
(i) An organization with expertise in
conservation.
(ii) An organization with expertise in
environmental policy.
(iii) An organization with expertise in
rural water resources.
(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--
(A) efficiently and effectively delivering water
resources development projects;
(B) improving the capability and capacity of the
workforce of the Corps of Engineers to deliver projects
and other assistance;
(C) improving the capacity and effectiveness of
Corps of Engineers consultation and liaison roles in
communicating water resources needs and solutions,
including regionally-specific recommendations; and
(D) strengthening partnerships with non-Federal
interests to advance water resources solutions.
(2) Meetings.--The Committee shall meet as appropriate to
develop and make recommendations under paragraph (1).
(3) Report.--Recommendations provided under paragraph (1)
shall be--
(A) included in a report submitted to the Committee
on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives; and
(B) made publicly available, including on a
publicly available website.
(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.).
SEC. 116. UNDERSERVED COMMUNITY HARBOR PROJECTS.
(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--
(A) no Federal funds have been obligated for
maintenance dredging in the current fiscal year or in
any of the 4 preceding fiscal years; and
(B) State and local investments in infrastructure
have been made during the preceding 4 fiscal years.
(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--
(1) the local or regional economic benefits; and
(2)(A) the environmental benefits, including the benefits
to the aquatic environment to be derived from the creation of
wetland and control of shoreline erosion; or
(B) other social effects, including protection against loss
of life and contributions to local or regional cultural
heritage.
(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.
(g) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $50,000,000 for each of fiscal years
2023 through 2026.
(2) Special rule.--Not less than 35 percent of the amounts
made available to carry out this section for each fiscal year
shall be used for projects that include the beneficial use of
dredged material.
(h) Savings Provision.--Carrying out a project under this section
shall not affect the eligibility of an underserved community harbor for
Federal operation and maintenance funding otherwise authorized for the
underserved community harbor.
SEC. 117. CORPS OF ENGINEERS WESTERN WATER COOPERATIVE COMMITTEE.
(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;
(2) on January 21, 2020, the proposed rulemaking described
in paragraph (1) was withdrawn; and
(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--
(i) the Assistant Secretary of the Army for
Civil Works (or a designee);
(ii) the Chief of Engineers (or a
designee);
(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
(v) 1 employee from each of the impacted
regional offices of the Bureau of Indian
Affairs.
(4) Meetings.--
(A) In general.--The Cooperative Committee shall
meet not less than once each year in a State
represented on the Cooperative Committee.
(B) Available to public.--Each meeting of the
Cooperative Committee shall be open and accessible to
the public.
(C) Notification.--The Cooperative Committee shall
publish in the Federal Register adequate advance notice
of a meeting of 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--
(i) a summary of the contents of meetings
of the Cooperative Committee; and
(ii) a description of any recommendations
made by the Cooperative Committee under
paragraph (5), including actions taken by the
Secretary in response to such recommendations.
(B) Comment.--
(i) In general.--Not later than 45 days
following the conclusion of a meeting of the
Cooperative Committee, the Secretary shall
provide to members of the Cooperative Committee
an opportunity to comment on the contents of
the meeting and any recommendations.
(ii) Inclusion.--Comments provided under
clause (i) shall be included in the report
provided under subparagraph (A).
(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.
(8) Maintenance of records.--The Cooperative Committee
shall maintain records pertaining to operating costs and
records of the Cooperative Committee for a period of not less
than 3 years.
SEC. 118. UPDATES TO CERTAIN WATER CONTROL MANUALS.
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.
SEC. 119. RETENTION OF RECREATION FEES.
(a) In General.--Section 210(b) of the River and Harbor Act of 1968
(16 U.S.C. 460d-3(b)) is amended--
(1) by striking paragraph (4) and inserting the following:
``(4) Deposit into treasury account.--All fees collected
under this subsection shall--
``(A) be deposited in a special account in the
Treasury; and
``(B) be available for use, without further
appropriation, for the operation and maintenance of
recreation sites and facilities under the jurisdiction
of the Secretary of the Army, subject to the condition
that not less than 80 percent of fees collected at a
specific recreation site are utilized at that site.'';
and
(2) by adding at the end the following:
``(5) Supplement, not supplant.--Fees collected under this
subsection--
``(A) shall be in addition to annual appropriated
funding provided for the operation and maintenance of
recreation sites and facilities under the jurisdiction
of the Secretary of the Army; and
``(B) shall not be used as a basis for reducing
annual appropriated funding for those purposes.''.
(b) Special Accounts.--Amounts in the special account for the Corps
of Engineers described in section 210(b)(4) of the River and Harbor Act
of 1968 (16 U.S.C. 460d-3(b)(4)) (as in effect on the day before the
date of enactment of this Act) that are unobligated on that date
shall--
(1) be transferred to the special account established under
section 210(b)(4) of the River and Harbor Act of 1968 (16
U.S.C. 460d-3(b)(4)) (as amended by subsection (a)(1)); and
(2) be available to the Secretary for operation and
maintenance of any recreation sites and facilities under the
jurisdiction of the Secretary, without further appropriation.
SEC. 120. RELOCATION ASSISTANCE.
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.
SEC. 121. REPROGRAMMING LIMITS.
(a) Operations and Maintenance.--In reprogramming funds made
available to the Secretary for operations and maintenance--
(1) the Secretary may not reprogram more than 25 percent of
the base amount up to a limit of--
(A) $8,500,000 for a project, study, or activity
with a base level over $1,000,000; and
(B) $250,000 for a project, study, or activity with
a base level of $1,000,000 or less; and
(2) $250,000 may be reprogrammed for any continuing study
or activity of the Secretary that did not receive an
appropriation.
(b) Investigations.--In reprogramming funds made available to the
Secretary for investigations--
(1) the Secretary may not reprogram more than $150,000 for
a project, study, or activity with a base level over $100,000;
and
(2) $150,000 may be reprogrammed for any continuing study
or activity of the Secretary that did not receive an
appropriation for existing obligations and concomitant
administrative expenses.
SEC. 122. LEASE DURATIONS.
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.
SEC. 123. SENSE OF CONGRESS RELATING TO POST-DISASTER REPAIRS.
It is the sense of Congress that in permitting and funding post-
disaster repairs, the Secretary should, to the maximum extent
practicable, repair assets--
(1) to project design levels; or
(2) if the original project design is outdated, to above
project design levels.
SEC. 124. PAYMENT OF PAY AND ALLOWANCES OF CERTAIN OFFICERS FROM
APPROPRIATION FOR IMPROVEMENTS.
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:
``(a) In General.--The personnel described in subsection (b)''; and
(2) by adding at the end the following:
``(b) Personnel Described.--The personnel referred to in subsection
(a) are the following:
``(1) Regular officers of the Corps of Engineers of the
Army.
``(2) The following members of the Army who are assigned to
the Corps of Engineers:
``(A) Reserve component officers.
``(B) Warrant officers (whether regular or reserve
component).
``(C) Enlisted members (whether regular or reserve
component).''.
SEC. 125. REFORESTATION.
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.
SEC. 126. USE OF OTHER FEDERAL FUNDS.
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
(2) by striking ``the Federal agency that provides the
funds determines that the funds are authorized to be used to
carry out the study or project'' and inserting ``the funds
appropriated to the Federal agency are for a purpose that is
similar or complementary to the purpose of the study or
project''.
SEC. 127. NATIONAL LOW-HEAD DAM INVENTORY.
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).
``(2) Low-head dam.--The term `low-head dam' means a river-
wide dam that generally spans a stream channel, blocking the
waterway and creating a backup of water behind the dam, with a
drop off over the wall of not less than 6 inches and not more
than 25 feet.
``(3) Secretary.--The term `Secretary' means the Secretary
of the Army.
``(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;
``(ii) any information on public safety
conditions at each low-head dam;
``(iii) public safety information on the
dangers of low-head dams;
``(iv) a directory of financial and
technical assistance resources available to
reduce safety hazards and fish passage barriers
at low-head dams; and
``(v) any other relevant information
concerning low-head dams; and
``(B) submit the inventory to the Committee on
Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives.
``(2) Data.--In carrying out this subsection, the Secretary
shall--
``(A) coordinate with Federal and State agencies
and other relevant entities; and
``(B) use data provided to the Secretary by those
agencies.
``(3) Updates.--The Secretary, in consultation with
appropriate Federal and State agencies, shall maintain and
periodically publish updates to the inventory.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $30,000,000.
``(d) Clarification.--Nothing in this section provides authority to
the Secretary to carry out an activity, with respect to a low-head dam,
that is not explicitly authorized under this section.''.
SEC. 128. TRANSFER OF EXCESS CREDIT.
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.'';
(3) by striking subsection (d); and
(4) by redesignating subsection (e) as subsection (d).
SEC. 129. NATIONAL LEVEE RESTORATION.
(a) Definition of Rehabilitation.--Section 9002(13) of the Water
Resources Development Act of 2007 (33 U.S.C. 3301(13)) is amended--
(1) by inserting ``, or improvement'' after ``removal'';
and
(2) by inserting ``, increase resiliency to extreme weather
events,'' after ``flood risk''.
(b) Levee Rehabilitation Assistance Program.--Section 9005(h) of
the Water Resources Development Act of 2007 (33 U.S.C. 3303a(h)) is
amended--
(1) in paragraph (7), by striking ``$10,000,000'' and
inserting ``$25,000,000''; and
(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)).''.
SEC. 130. INLAND WATERWAYS REGIONAL DREDGE PILOT PROGRAM.
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--
``(A) to increase the reliability, availability,
and efficiency of federally-owned and federally-
operated inland waterways projects;
``(B) to decrease operational risks across the
inland waterways system; and
``(C) to provide cost-savings by combining work
across multiple projects across different accounts of
the Corps of Engineers.
``(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.
``(B) Projects.-- In awarding contracts under
subparagraph (A), the Secretary shall consider projects
that--
``(i) improve navigation reliability on
inland waterways that are accessible year-
round;
``(ii) increase freight capacity on inland
waterways; and
``(iii) have the potential to enhance the
availability of containerized cargo on inland
waterways.
``(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--
``(A) cost effectiveness;
``(B) reliability and performance;
``(C) cost savings attributable to mobilization and
demobilization of dredge equipment; and
``(D) response times to address navigational
impediments.
``(6) Sunset.--The authority of the Secretary to enter into
contracts pursuant to the pilot program shall expire on the
date that is 10 years after the date of enactment of this
Act.''.
SEC. 131. FUNDING TO PROCESS PERMITS.
Section 214(a)(2) of the Water Resources Development Act of 2000
(33 U.S.C. 2352(a)(2)) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(A) In general.--The Secretary''; and
(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--
``(I) the non-Federal public
entity, public-utility company, natural
gas company, or railroad carrier
applying for the permit described in
that subparagraph is the sponsor of the
mitigation bank; and
``(II) expediting evaluation of the
instrument is necessary to expedite
evaluation of the permit described in
that subparagraph.
``(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.''.
SEC. 132. NON-FEDERAL PROJECT IMPLEMENTATION PILOT PROGRAM.
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.''.
SEC. 133. COST SHARING FOR TERRITORIES AND INDIAN TRIBES.
Section 1156 of the Water Resources Development Act of 1986 (33
U.S.C. 2310) is amended by adding at the end the following:
``(c) Application to Studies.--
``(1) Inclusion.--For purposes of this section, the term
`study' includes watershed assessments.
``(2) Application.--The Secretary shall apply the waiver
amount described in subsection (a) to reduce only the non-
Federal share of study costs.''.
SEC. 134. WATER SUPPLY CONSERVATION.
Section 1116 of the WIIN Act (130 Stat. 1639) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``during the 1-year period ending on the date
of enactment of this Act'' and inserting ``for at least 2 years
during the 10-year period preceding a request from a non-
Federal interest for assistance under this section''; and
(2) in subsection (b)(4), by inserting ``, including
measures utilizing a natural feature or nature-based feature
(as those terms are defined in section 1184(a)) to reduce
drought risk'' after ``water supply''.
SEC. 135. CRITERIA FOR FUNDING OPERATION AND MAINTENANCE OF SMALL,
REMOTE, AND SUBSISTENCE HARBORS.
(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).
SEC. 136. PROTECTION OF LIGHTHOUSES.
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,''.
SEC. 137. EXPEDITING HYDROPOWER AT CORPS OF ENGINEERS FACILITIES.
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'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Implementation of Policy.--The Secretary shall--
``(1) ensure that the policy described in subsection (a) is
implemented nationwide in an efficient, consistent, and
coordinated manner; and
``(2) assess opportunities--
``(A) to increase the development of hydroelectric
power at existing hydroelectric water resources
development projects of the Corps of Engineers; and
``(B) to develop new hydroelectric power at
nonpowered water resources development projects of the
Corps of Engineers.''.
SEC. 138. MATERIALS, SERVICES, AND FUNDS FOR REPAIR, RESTORATION, OR
REHABILITATION OF CERTAIN PUBLIC RECREATION FACILITIES.
(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--
(1) was constructed to enable public use of and access to
the reservoir; and
(2) requires repair, restoration, or rehabilitation to
function.
(b) Authorization.--During a period of low water at an eligible
public recreation facility, the Secretary is authorized--
(1) to accept and use materials, services, and funds from a
non-Federal interest to repair, restore, or rehabilitate the
facility; and
(2) to reimburse the non-Federal interest for the Federal
share of the materials, services, or funds.
(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--
(1) meet the specifications of the Secretary; and
(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;
(2) requires that the non-Federal interest shall certify
that the materials or services comply with all applicable laws
and regulations under subsection (c); and
(3) includes any other term or condition required by the
Secretary.
SEC. 139. DREDGED MATERIAL MANAGEMENT PLANS.
(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, an annual
prohibition on use of funding for open-lake disposal of dredged
material; 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)).
(c) Savings Provision.--This section does not--
(1) impose a prohibition on use of funding for open-lake
disposal of dredged material; or
(2) require the development or implementation of a dredged
material management plan in accordance with subsection (b) if
use of funding for open-lake disposal is not otherwise
prohibited by law.
SEC. 140. LEASE DEVIATIONS.
The Secretary shall fully implement the requirements of section 153
of the Water Resources Development Act of 2020 (134 Stat. 2658).
SEC. 141. COLUMBIA RIVER BASIN FLOOD RISK MANAGEMENT.
(a) In General.--The Secretary is encouraged to utilize all
existing authorities of the Secretary to facilitate--
(1) the renegotiation of the Treaty Relating to Cooperative
Development of the Water Resources of the Columbia River Basin,
signed at Washington January 17, 1961 (15 UST 1555; TIAS 5638);
and
(2) the execution of the obligations of the United States
under the Treaty described in paragraph (1).
(b) Status Updates.--Not later than 90 days after the enactment of
this Act and not less frequently than biannually thereafter, the
Secretary shall update the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives on--
(1) the status of activities carried out by the Secretary
under subsection (a); and
(2) any recommendations for legislation to authorize the
Secretary to carry out additional activities for the purposes
described in subsection (a).
(c) Expiration.--The requirements of subsection (b) shall terminate
on the date that is not later than 1 year after ratification of any
successor treaty to the Treaty described in subsection (a)(1).
SEC. 142. CONTINUATION OF CONSTRUCTION.
(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)--
(A) defer the initiation or continuation of
construction of a water resources development project
during the period described in subsection (a); or
(B) terminate a contract for design or construction
of a water resources development project entered into
during the period described in subsection (a) after
expiration of that period.
(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).
TITLE II--STUDIES AND REPORTS
SEC. 201. AUTHORIZATION OF FEASIBILITY STUDIES.
(a) In General.--The Secretary is authorized to investigate the
feasibility of the following projects:
(1) Project for ecosystem restoration, Mill Creek Levee and
Walla Walla River, Oregon.
(2) Project for flood risk management and ecosystem
restoration, Tittabawassee River, Chippewa River, Pine River,
and Tobacco River, Michigan.
(3) Project for flood risk management, Southeast Michigan.
(4) Project for flood risk management, McMicken Dam,
Arizona.
(5) Project for flood risk management, Ellicott City and
Howard County, Maryland.
(6) Project for flood risk management, Ten Mile River,
North Attleboro, Massachusetts.
(7) Project for flood risk management and water supply,
Fox-Wolf Basin, Wisconsin.
(8) Project for flood risk management and ecosystem
restoration, Thatchbed Island, Essex, Connecticut.
(9) Project for flood and coastal storm risk management,
Cape Fear River Basin, North Carolina.
(10) Project for flood risk management, Lower Clear Creek
and Dickinson Bayou, Texas.
(11) Project for flood risk management and ecosystem
restoration, the Resacas, Hidalgo and Cameron Counties, Texas.
(12) Project for flood risk management, including levee
improvement, Papillion Creek, Nebraska.
(13) Project for flood risk management, Offutt Ditch Pump
Station, Nebraska.
(14) Project for flood risk management, navigation, and
ecosystem restoration, Mohawk River Basin, New York.
(15) Project for coastal storm risk management, Waikiki
Beach, Hawaii.
(16) Project for ecosystem restoration and coastal storm
risk management, Cumberland and Sea Islands, Georgia.
(17) Project for flood risk management, Wailupe Stream
watershed, Hawaii.
(18) Project for flood and coastal storm risk management,
Hawaii County, Hawaii.
(19) Project for coastal storm risk management, Maui
County, Hawaii.
(20) Project for flood risk management, Sarpy County,
Nebraska.
(21) Project for aquatic ecosystem restoration, including
habitat for endangered salmon, Columbia River Basin.
(22) Project for ecosystem restoration, flood risk
management, and recreation, Newport, Kentucky.
(23) Project for flood risk management and water supply,
Jenkins, Kentucky.
(24) Project for flood risk management, including riverbank
stabilization, Columbus, Kentucky.
(25) Project for flood and coastal storm risk management,
navigation, and ecosystem restoration, South Shore, Long
Island, New York.
(26) Project for flood risk management, coastal storm risk
management, navigation, ecosystem restoration, and water
supply, Blind Brook, New York.
(27) Project for navigation, Cumberland River, Kentucky.
(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, Norfolk
Harbor and Channels, Virginia, for Anchorage F modifications.
(6) Modifications to the project for navigation, Savannah
Harbor, Georgia, without evaluation of additional deepening.
(7) Modifications to the project for navigation, Honolulu
Harbor, Hawaii, for navigation improvements and coastal storm
risk management.
(8) Modifications to the project for navigation, Port of
Ogdensburg, New York, including deepening.
(9) Modifications to the Huntington Local Protection
Project, Huntington, West Virginia.
SEC. 202. SPECIAL RULES.
(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)(25), the
Secretary shall study the South Shore of Long Island, New York, as a
whole system, including inlets that are Federal channels.
(d) The studies authorized by section 201(b) shall be considered
new phase investigations afforded the same treatment as a general
reevaluation.
SEC. 203. EXPEDITED COMPLETION OF STUDIES.
(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.
(2) Project for coastal storm risk management, Charleston
Peninsula, South Carolina.
(3) Project for flood and coastal storm risk management and
ecosystem restoration, Boston North Shore, Revere, Saugus,
Lynn, Maiden, and Everett, Massachusetts.
(4) Project for flood risk management, De Soto County,
Mississippi.
(5) Project for coastal storm risk management, Chicago
shoreline, Illinois.
(6) Project for flood risk management, Cave Buttes Dam,
Arizona.
(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.
(10) Project for flood risk management, East Hartford Levee
System, Connecticut.
(11) Project for flood risk management, Rahway, New Jersey,
authorized by section 336 of the Water Resources Development
Act of 2020 (134 Stat. 2712).
(12) New York and New Jersey Harbor Channel Deepening
Improvements, New York and New Jersey.
(13) Project for coastal storm risk management, Sea Bright
to Manasquan, New Jersey.
(14) Project for coastal storm risk management, Raritan Bay
and Sandy Hook Bay, New Jersey.
(15) Tacoma Harbor Navigation Improvement Project,
Washington.
(16) Project for coastal storm risk management, South
Central Coastal Louisiana, Louisiana.
(17) Project for coastal storm risk management, St. Tammany
Parish, Louisiana.
(18) Project for ecosystem restoration, Fox River,
Illinois, authorized by section 519 of the Water Resources
Development Act of 2000 (114 Stat. 2653).
(19) Project for ecosystem restoration, Chicago River,
Illinois.
(20) Project for ecosystem restoration, Three Forks of
Beargrass Creek, Kentucky.
(21) Project for ecosystem restoration, Lake Okeechobee,
Florida.
(22) Project for ecosystem restoration, Western Everglades,
Florida.
(23) Modifications to the project for navigation, Hilo
Harbor, Hawaii.
(24) Project for flood risk management, Kanawha River
Basin, West Virginia, Virginia, North Carolina.
(25) Modifications to the project for navigation, Auke Bay,
Alaska.
(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).
(3) Project for water supply and ecosystem restoration,
Howard A. Hanson Dam, Washington, authorized by section
101(b)(15) of the Water Resources Development Act of 1999 (113
Stat. 281).
(4) Project for ecosystem restoration, Central and Southern
Florida, Indian River Lagoon, Florida, authorized by section
1001(14) of the Water Resources Development Act of 2007 (121
Stat. 1051).
(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):
(1) Great Lakes Coastal Resiliency Study, Illinois,
Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and
Wisconsin.
(2) Ouachita-Black Rivers, Arkansas and Louisiana.
(3) Project for watershed assessment, Hawaii County,
Hawaii.
(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).
SEC. 204. STUDIES FOR PERIODIC NOURISHMENT.
(a) In General.--Section 156 of the Water Resources Development Act
of 1976 (42 U.S.C. 1962d-5f)) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``15'' and
inserting ``50''; and
(B) in paragraph (2), by striking ``15'';
(2) in subsection (e)--
(A) by striking ``10-year period'' and inserting
``16-year period''; and
(B) by striking ``6 years'' and inserting ``12
years''; and
(3) by adding at the end the following:
``(f) Treatment of Studies.--A study carried out under subsection
(b) shall be considered a new phase investigation afforded the same
treatment as a general reevaluation.''.
(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.
SEC. 205. NEPA REPORTING.
(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--
(i) begins on the date on which the
Secretary initiates a project study; and
(ii) ends on the date on which the
Secretary issues, with respect to the project
study--
(I) a record of decision,
including, if necessary, a revised
record of decision;
(II) a finding of no significant
impact; or
(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;
(vii) the length of time the Corps of
Engineers took to complete each environmental
impact statement described in clause (vi); and
(viii) the number of project studies
pending on the date on which the report is
submitted for which an environmental impact
statement is being drafted.
(2) Public access to nepa reports.--The Secretary shall
make publicly available each annual report required under
paragraph (1).
SEC. 206. GAO AUDIT OF PROJECTS OVER BUDGET OR BEHIND SCHEDULE.
(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--
(1) the current estimated total project cost of the project
exceeds the original estimated total project cost of the
project by not less than $50,000,000; or
(2) the current estimated completion date of the project
exceeds the original estimated completion date of the project
by not less than 5 years.
(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).
SEC. 207. GAO STUDY ON PROJECT 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
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.
(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 analysis under
subsection (a).
SEC. 208. GAO AUDIT OF JOINT COSTS FOR OPERATIONS AND MAINTENANCE.
(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.
SEC. 209. GAO REVIEW OF CORPS OF ENGINEERS MITIGATION PRACTICES.
(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--
(A) the extent to which the final rule is
consistently implemented by the districts of the Corps
of Engineers; and
(B) the performance of each of the mitigation
mechanisms included in the final rule; and
(2) opportunities to utilize alternative methods to satisfy
mitigation requirements of water resources development
projects, including, at a minimum, performance-based contracts.
(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.
SEC. 210. SABINE-NECHES WATERWAY NAVIGATION IMPROVEMENT PROJECT, TEXAS.
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)).
SEC. 211. GREAT LAKES RECREATIONAL BOATING.
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)).
SEC. 212. UPPER ST. JOHNS RIVER BASIN, CENTRAL AND SOUTHERN FLORIDA.
(a) In General.--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).
(b) Report.--In carrying out the evaluation under subsection (a),
the Secretary shall--
(1) prepare a report that includes the results of the
evaluation, including--
(A) the advisability of deauthorizing the levee
described in that subsection; and
(B) any recommendations for conditions that should
be placed on a deauthorization to protect the interests
of the United States and the public; and
(2) 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
paragraph (1) 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).
SEC. 213. INVESTMENTS FOR RECREATION AREAS.
(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 Interior.
(2) Nationally, visitors to nearly 600 dams and lakes,
managed by the Corps of Engineers, spend an estimated
$12,000,000,000 per year and support 500,000 jobs.
(3) Lakes managed by the Corps of Engineers are economic
drivers that support rural communities.
(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;
(3) a description of efforts made by the Corps of Engineers
to coordinate investments in recreational facilities, sites,
and associated access roads with--
(A) State and local governments; or
(B) private entities; and
(4) an assessment of whether the modification of Federal
contracting requirements could accelerate the availability of
funds for the projects described in paragraph (1).
SEC. 214. WESTERN INFRASTRUCTURE STUDY.
(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--
(1) sustaining operations in response to changing
hydrological and climatic conditions;
(2) mitigating the risk of drought or floods, including the
loss of storage capacity due to sediment accumulation;
(3) increasing water supply; or
(4) aquatic ecosystem restoration.
(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.--
(1) Consultation.--In conducting the study, the Secretary
shall consult with applicable--
(A) Federal, State, and local agencies;
(B) Indian Tribes;
(C) non-Federal interests; and
(D) other stakeholders, as determined appropriate
by the Secretary.
(2) Use of existing data and prior studies.--To the maximum
extent practicable and where appropriate, the Secretary may--
(A) use existing data provided to the Secretary by
entities described in paragraph (1); and
(B) incorporate--
(i) relevant information from prior studies
and projects carried out by the Secretary; and
(ii) the latest technical data and
scientific approaches with respect to changing
hydrological and climatic conditions.
(e) 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--
(1) the results of the study; and
(2) any recommendations on site-specific areas where
additional study is recommended by the Secretary.
(f) Savings Provision.--Nothing in this section provides authority
to the Secretary to change the authorized purposes at any of the
reservoirs described in subsection (c).
SEC. 215. UPPER MISSISSIPPI RIVER AND ILLINOIS WATERWAY SYSTEM.
Section 8004(g) of the Water Resources Development Act of 2007 (33
U.S.C. 652 note; Public Law 110-114) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following:
``(2) Report on water level management.--Not later than 1
year 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 an implementation report on opportunities to
expand the use of water level management on the Upper
Mississippi River and Illinois Waterway System for the purpose
of ecosystem restoration.''.
SEC. 216. WEST VIRGINIA HYDROPOWER.
(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).
(6) East Lynn Dam, Wayne County, West Virginia, authorized
by section 5 of the Act of June 22, 1936 (49 Stat. 1586,
chapter 688).
(7) Burnsville Lake, Braxton County, West Virginia,
authorized by section 5 of the Act of June 22, 1936 (49 Stat.
1586, chapter 688).
(c) Demonstration Projects.--The authority for facility
modifications under subsection (a) includes demonstration projects.
SEC. 217. RECREATION AND ECONOMIC DEVELOPMENT AT CORPS FACILITIES IN
APPALACHIA.
(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.
(b) Considerations.--In preparing the plan under subsection (a),
the Secretary shall consider options for Federal funding, partnerships,
and outgrants to Federal, State, and local governments, nonprofit
organizations, and commercial businesses.
SEC. 218. AUTOMATED FEE MACHINES.
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.
SEC. 219. LAKE CHAMPLAIN CANAL, VERMONT AND NEW YORK.
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).
``(2) Dispersal barrier.--A dispersal barrier constructed,
maintained, or operated under this section may include--
``(A) physical hydrologic separation;
``(B) nonstructural measures;
``(C) deployment of technologies;
``(D) buffer zones; or
``(E) any combination of the approaches described
in subparagraphs (A) through (D).''.
SEC. 220. REPORT ON CONCESSIONAIRE PRACTICES.
(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.
(b) Inclusions.--The report under subsection (a) shall include, at
a minimum--
(1) an assessment of the reasonableness of the formula of
the Corps of Engineers for calculating concessionaire rental
rates, taking into account the operating margins for sales of
food and fuel; and
(2) the process for assessing administrative fees to
concessionaires across districts of the Corps of Engineers.
TITLE III--DEAUTHORIZATIONS, MODIFICATIONS, AND RELATED PROVISIONS
SEC. 301. ADDITIONAL ASSISTANCE FOR CRITICAL PROJECTS.
(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--
(1) by striking ``$20,000,000'' and inserting
``$52,000,000''; and
(2) by striking ``Accomac'' and inserting ``Accomack''.
(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--
(1) in the paragraph heading, by striking ``Cook county''
and inserting ``Cook county and lake county''; and
(2) by striking ``$35,000,000'' and inserting
``$100,000,000''.
(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:
``(93) Los angeles county, california.--
``(A) In general.--$38,000,000 for wastewater and
water related infrastructure, Los Angeles County,
California.
``(B) Eligibility.--The Water Replenishment
District of Southern California may be eligible for
assistance under this paragraph.''.
(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--
(1) by striking ``$35,000,000 for'' and inserting the
following:
``(A) In general.--$85,000,000 for''; and
(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:
``(250) Myrtle beach and vicinity, south carolina.--
$31,000,000 for environmental infrastructure, including ocean
outfalls, Myrtle Beach and vicinity, South Carolina.''.
(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:
``(251) North myrtle beach and vicinity, south carolina.--
$74,000,000 for environmental infrastructure, including ocean
outfalls, North Myrtle Beach and vicinity, South Carolina.''.
(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:
``(274) Horry county, south carolina.--$19,000,000 for
environmental infrastructure, including ocean outfalls, Horry
County, South Carolina.''.
(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:
``(275) Lane county, oregon.--$20,000,000 for environmental
infrastructure, Lane County, Oregon.''.
(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:
``(276) Placer county, california.--$21,000,000 for
environmental infrastructure, Placer County, California.''.
(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:
``(277) Alameda county, california.--$20,000,000 for
environmental infrastructure, Alameda County, California.''.
(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:
``(278) Temecula city, california.--$18,000,000 for
environmental infrastructure, Temecula City, California.''.
(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:
``(279) Yolo county, california.--$6,000,000 for
environmental infrastructure, Yolo County, California.''.
(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:
``(280) Clinton, mississippi.--$13,600,000 for
environmental infrastructure, Clinton, Mississippi.''.
(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:
``(281) Oxford, mississippi.--$10,000,000 for environmental
infrastructure, Oxford, Mississippi.''.
(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:
``(282) Madison county, mississippi.--$10,000,000 for
environmental infrastructure, Madison County, Mississippi.''.
(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:
``(283) Rankin county, mississippi.--$10,000,000 for
environmental infrastructure, Rankin County, Mississippi.''.
(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:
``(284) Meridian, mississippi.--$10,000,000 for wastewater
infrastructure, Meridian, Mississippi.''.
(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:
``(285) Delaware.--$50,000,000 for sewer, stormwater system
improvements, storage treatment, environmental restoration, and
related water infrastructure, Delaware.''.
(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:
``(286) Queens, new york.--$20,000,000 for the design and
construction of stormwater management and improvements to
combined sewer overflows to reduce the risk of flood impacts,
Queens, New York.''.
(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:
``(288) Maryland.--$100,000,000 for water, wastewater, and
other environmental infrastructure, Maryland.''.
(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:
``(289) Milwaukee metropolitan area, wisconsin.--$4,500,000
for water-related infrastructure, resource protection and
development, stormwater management, and reduction of combined
sewer overflows, Milwaukee metropolitan area, Wisconsin.''.
(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:
``(290) Hawaii.--$75,000,000 for water-related
infrastructure, resource protection and development, wastewater
treatment, water supply, urban storm water conveyance,
environmental restoration, and surface water protection and
development, Hawaii.''.
(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:
``(291) Alabama.--$50,000,000 for water, wastewater, and
other environmental infrastructure, Alabama.''.
(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:
``(i) Authorization of Additional Appropriations.--In addition to
amounts authorized under subsection (h), there is authorized to be
appropriated to carry out this section $100,000,000, to be divided
between the States referred to in subsection (a).''.
(ff) Western Rural Water.--Section 595(i) of the Water Resources
Development Act of 1999 (113 Stat. 383; 134 Stat. 2719) is amended--
(1) in paragraph (1), by striking ``$435,000,000'' and
inserting ``$490,000,000''; and
(2) in paragraph (2), by striking ``$150,000,000'' and
inserting ``$200,000,000''.
(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--
(1) in subsection (b)(2)(C), by striking ``planning'' and
inserting ``clean water infrastructure planning, design, and
construction''; and
(2) in subsection (g), by striking ``$32,000,000'' and
inserting ``$100,000,000''.
(hh) Texas.--Section 5138 of the Water Resources Development Act of
2007 (121 Stat. 1250) is amended--
(1) in subsection (b), by striking ``, as identified by the
Texas Water Development Board'';
(2) in subsection (e)(3), by inserting ``and construction''
after ``design work'';
(3) by redesignating subsection (g) as subsection (i); and
(4) by inserting after subsection (f) the following:
``(g) Nonprofit Entities.--In accordance with section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any project
carried out under this section, a non-Federal interest may include a
nonprofit entity with the consent of the affected local government.
``(h) Corps of Engineers Expenses.--Not more than 10 percent of the
amounts made available to carry out this section may be used by the
Corps of Engineers district offices to administer projects under this
section at Federal expense.''.
SEC. 302. SOUTHERN WEST VIRGINIA.
(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.''.
(b) Clerical Amendment.--The table of contents contained in section
1(b) of the Water Resources Development Act of 1992 (106 Stat. 4799) is
amended by striking the item relating to section 340 and inserting the
following:
``Sec. 340. Southern West Virginia.''.
SEC. 303. NORTHERN 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--
(1) in the section heading, by striking ``central'' and
inserting ``northern'';
(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.'';
(3) in subsection (b), by striking ``central'' and
inserting ``northern''; and
(4) in subsection (c), by striking ``central'' and
inserting ``northern''.
(b) 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 571 and inserting the
following:
``Sec. 571. Northern West Virginia.''.
SEC. 304. LOCAL COOPERATION AGREEMENTS, NORTHERN 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--
(1) by striking ``$20,000,000 for water and wastewater''
and inserting the following:
``(A) In general.--$20,000,000 for water and
wastewater''; and
(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).''.
SEC. 305. 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).
(c) Savings Provision.--Nothing in this section limits the
eligibility for, or availability of, Federal expenditures or financial
assistance for any water resources development project, including any
beach nourishment or renourishment project, under any other provision
of Federal law.
SEC. 306. 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. 307. MODIFICATIONS.
(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:
``(j) Cost-share.--The Federal share of the cost of the
comprehensive study described in subsection (a), and any feasibility
study described in subsection (e), shall be 90 percent.''.
(4) Port of nome, alaska.--
(A) In general.--The Secretary shall carry out the
project for navigation, Port of Nome, Alaska,
authorized by section 401(1) of the Water Resources
Development Act of 2020 (134 Stat. 2733).
(B) Cost-share.--The Federal share of the cost of
the project described in subparagraph (A) shall be 90
percent.
(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:
(A) Shoreline revetment at Morgan Shoal.
(B) Shoreline revetment at Promontory Point.
(6) Lower mud river, milton, west virginia.--
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) Agreements.--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.
SEC. 308. 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. 309. 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.
(3) Cost-share.--The Federal share of the cost of the
project, including the cost of any modifications carried out
under subsection (a)(1), shall be 90 percent.
(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 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--
(A) the structure, project, or beach 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 beach.
(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).
(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. 310. GREAT LAKES ADVANCE MEASURES ASSISTANCE.
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:
``(7) Special rule.--
``(A) In general.--The Secretary shall not deny a
request from the Governor of a State to provide advance
measures assistance under this subsection 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.
``(B) Federal share.--Assistance provided by the
Secretary pursuant to a request under subparagraph (A)
may be at full Federal expense if the assistance is to
construct advanced measures to a temporary construction
standard.''.
SEC. 311. REHABILITATION OF EXISTING LEVEES.
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--
(1) by striking ``this subsection'' and inserting ``this
section''; and
(2) by striking ``10 years'' and inserting ``20 years''.
SEC. 312. PILOT PROGRAM FOR CERTAIN COMMUNITIES.
(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--
(1) in subsection (b)(2)(C), by striking ``10''; and
(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--
(1) in paragraph (2)(B), by striking ``a total of 10'';
(2) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(3) by inserting after paragraph (3) the following:
``(4) Maximum federal amount.--For a project carried out
under this subsection, the maximum Federal amount, if
applicable, shall be increased by the commensurate amount of
the non-Federal share that would otherwise be required for the
project under the applicable continuing authority program.''.
SEC. 313. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED PUMP
STATIONS.
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:
``(1) Eligible pump station.--The term `eligible pump
station' means a pump station that--
``(A) is a feature of a federally authorized flood
or coastal storm risk management project; or
``(B) if inoperable, would impair drainage of water
from areas interior to a federally authorized flood or
coastal storm risk management project.'';
(2) by striking subsection (b) and inserting the following:
``(b) Authorization.--The Secretary may carry out rehabilitation of
an eligible pump station, if the Secretary determines that--
``(1) the pump station has a major deficiency; and
``(2) the rehabilitation is feasible.''; and
(3) by striking subsection (f) and inserting the following:
``(f) Prioritization.--To the maximum extent practicable, the
Secretary shall prioritize the provision of assistance under this
section to economically disadvantaged communities.''.
SEC. 314. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND PROTECTION
PROGRAM.
Section 510(a)(2) of the Water Resources Development Act of 1996
(110 Stat. 3759; 128 Stat. 1317) is amended--
(1) in subparagraph (B), by inserting ``and streambanks''
after ``shorelines'';
(2) in subparagraph (E), by striking ``and'' at the end;
(3) by redesignating subparagraph (F) as subparagraph (H);
and
(4) by inserting after subparagraph (E) the following:
``(F) wastewater treatment and related facilities;
``(G) stormwater and drainage systems; and''.
SEC. 315. EVALUATION OF HYDROLOGIC CHANGES IN SOURIS RIVER BASIN.
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.
SEC. 316. MEMORANDUM OF UNDERSTANDING RELATING TO BALDHILL DAM, NORTH
DAKOTA.
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.
SEC. 317. UPPER MISSISSIPPI RIVER RESTORATION PROGRAM.
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''.
SEC. 318. HARMFUL ALGAL BLOOM DEMONSTRATION PROGRAM.
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,''.
SEC. 319. COLLETON COUNTY, SOUTH CAROLINA.
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).
SEC. 320. ARKANSAS RIVER CORRIDOR, OKLAHOMA.
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.--
``(1) In general.--The Secretary is authorized to carry out
feasibility studies for purposes of recommending to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives additional projects under this section.
``(2) Treatment.--An additional feasibility study carried
out under this subsection shall be considered a continuation of
the feasibility study that formulated the project carried out
under subsection (b).''.
SEC. 321. ABANDONED AND INACTIVE NONCOAL MINE RESTORATION.
Section 560 of the Water Resources Development Act of 1999 (33
U.S.C. 2336) is amended--
(1) in subsection (c), by inserting ``or on land taken into
trust by the Secretary of the Interior on behalf of, and for
the benefit of, an Indian Tribe'' after ``land owned by the
United States''; and
(2) in subsection (f), by striking ``$30,000,000'' and
inserting ``$50,000,000''.
SEC. 322. ASIAN CARP PREVENTION AND CONTROL PILOT PROGRAM.
Section 509(a)(2) of the Water Resources Development Act of 2020
(33 U.S.C. 610 note; Public Law 116-260) is amended--
(1) in subparagraph (A), by striking ``or Tennessee River
Watershed'' and inserting ``, Tennessee River Watershed, or
Tombigbee River Watershed''; and
(2) in subparagraph (C)(i), by inserting ``, of which not
less than 1 shall be carried out on the Tennessee-Tombigbee
Waterway'' before the period at the end.
SEC. 323. FORMS OF ASSISTANCE.
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''.
SEC. 324. DEBRIS REMOVAL, NEW YORK HARBOR, NEW YORK.
(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).
SEC. 325. INVASIVE SPECIES MANAGEMENT.
Section 104 of the River and Harbor Act of 1958 (33 U.S.C. 610) is
amended--
(1) in subsection (b)(2)(A)(ii)--
(A) by striking ``$50,000,000'' and inserting
``$75,000,000''; and
(B) by striking ``2024'' and inserting ``2028'';
and
(2) in subsection (g)(2)--
(A) in subparagraph (A)--
(i) by striking ``water quantity or water
quality'' and inserting ``water quantity, water
quality, or ecosystems''; and
(ii) by inserting ``the Lake Erie Basin,
the Ohio River Basin,'' after ``the Upper Snake
River Basin,''; and
(B) in subparagraph (B), by inserting ``, hydrilla
(Hydrilla verticillata),'' after ``angustifolia)''.
SEC. 326. WOLF RIVER HARBOR, TENNESSEE.
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.
SEC. 327. MISSOURI RIVER MITIGATION, MISSOURI, KANSAS, IOWA, AND
NEBRASKA.
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.''.
SEC. 328. INVASIVE SPECIES MANAGEMENT PILOT PROGRAM.
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''.
SEC. 329. NUECES COUNTY, TEXAS, CONVEYANCES.
(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.
(b) Conditions.--
(1) Quitclaim deed.--Any conveyance of land under this
section shall be by quitclaim deed.
(2) Terms and conditions.--The Secretary may subject any
conveyance or release of easement under this section to such
terms and conditions as the Secretary determines necessary and
advisable to protect the United States.
(c) Administrative Costs.--In accordance with section 2695 of title
10, United States Code, the Port of Corpus Christi shall be responsible
for the costs incurred by the Secretary to convey land or release
easements under this section.
(d) Waiver of Real Property Screening Requirements.--Section 2696
of title 10, United States Code, shall not apply to the conveyance of
land or release of easements under this section.
SEC. 330. MISSISSIPPI DELTA HEADWATERS, MISSISSIPPI.
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.
SEC. 331. ECOSYSTEM RESTORATION, HUDSON-RARITAN ESTUARY, NEW YORK AND
NEW JERSEY.
(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).
SEC. 332. TIMELY REIMBURSEMENT.
(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.
SEC. 333. NEW SAVANNAH BLUFF LOCK AND DAM, GEORGIA AND SOUTH CAROLINA.
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).''.
SEC. 334. LAKE TAHOE BASIN RESTORATION, NEVADA AND CALIFORNIA.
(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--
(1) urban stormwater conveyance, treatment and related
facilities;
(2) watershed planning, science and research;
(3) environmental restoration; and
(4) surface water resource protection and development.
(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:
(A) Plan.--Development by the Secretary, in
consultation with appropriate Federal and State and
Regional officials, of appropriate environmental
documentation, engineering plans and specifications.
(B) Legal and institutional structures.--
Establishment of such legal and institutional
structures as are necessary to ensure the effective
long-term operation of the project by the non-Federal
interest.
(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.
(D) Operation and maintenance.--The non-Federal
share of operation and maintenance costs for projects
constructed with assistance provided under this section
shall be 100 percent.
(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.
(h) Repeal.--Section 108 of division C of the Consolidated
Appropriations Act, 2005 (118 Stat. 2942), is repealed.
(i) Treatment.--The program authorized by this section shall be
considered a continuation of the program authorized by section 108 of
division C of the Consolidated Appropriations Act, 2005 (118 Stat.
2942) (as in effect on the day before the date of enactment of this
Act).
SEC. 335. ADDITIONAL ASSISTANCE FOR EASTERN SANTA CLARA BASIN,
CALIFORNIA.
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--
(1) in subsection (a), by inserting ``and volatile organic
compounds'' after ``perchlorates''; and
(2) in subsection (b)(3), by inserting ``and volatile
organic compounds'' after ``perchlorates''.
SEC. 336. TRIBAL PARTNERSHIP PROGRAM.
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)--
(A) in paragraph (2)(A)--
(i) by inserting ``or coastal storm'' after
``flood''; and
(ii) by inserting ``including erosion
control,'' after ``reduction,'';
(B) in paragraph (3), by adding at the end the
following:
``(C) Federal interest determination.--The first
$100,000 of the costs of a study under this section
shall be at full Federal expense.'';
(C) in paragraph (4)--
(i) in subparagraph (A), by striking
``$18,500,000'' and inserting ``$26,000,000'';
and
(ii) in subparagraph (B), by striking
``$18,500,000'' and inserting ``$26,000,000'';
and
(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--
``(A) significantly reduce potential flood or
coastal storm damages, which may include or be limited
to damages due to shoreline erosion or riverbank or
streambank failures;
``(B) improve the quality of the environment;
``(C) reduce risks to life safety associated with
the damages described in subparagraph (A); and
``(D) improve the long-term viability of the
community.'';
(3) in subsection (d)(5)(B)--
(A) by striking ``non-Federal'' and inserting
``Federal''; and
(B) by striking ``50 percent'' and inserting ``100
percent''; and
(4) in subsection (e), by striking ``2024'' and inserting
``2033''.
SEC. 337. SURPLUS WATER CONTRACTS AND WATER STORAGE AGREEMENTS.
Section 1046(c) of the Water Resources Reform and Development Act
of 2014 (128 Stat. 1254; 132 Stat. 3784; 134 Stat. 2715) is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraph (4) as paragraph (3).
SEC. 338. COPAN LAKE, OKLAHOMA.
(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'')--
(1) to release to the United States all rights of the
Authority to utilize 4,750 acre-feet of future use water
storage space; and
(2) to relieve the Authority from all financial
obligations, to include the initial project investment costs
and the accumulated interest on unpaid project investment
costs, for the volume of water storage space described in
paragraph (1).
(b) Requirement.--During the 2-year period beginning on the
effective date of execution of the contract amendment under subsection
(a), the Secretary shall--
(1) provide the City of Bartlesville, Oklahoma, with the
right of first refusal to contract for the utilization of
storage space for water supply for any portion of the storage
space that was released by the Authority under subsection (a);
and
(2) ensure that the City of Bartlesville, Oklahoma, shall
not pay more than 110 percent of the initial project investment
cost per acre-foot of storage for the acre-feet of storage
space sought under an agreement under paragraph (1).
SEC. 339. ENHANCED DEVELOPMENT PROGRAM.
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).
SEC. 340. ECOSYSTEM RESTORATION COORDINATION.
(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.
(b) Savings Provision.--Nothing in this section extends liability
to the Secretary for any remediation of toxics present at the project
site referred to in subsection (a) prior to the date of authorization
of that project.
SEC. 341. ACEQUIAS IRRIGATION SYSTEMS.
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:
``(b) Authorization.--Subject to section 903(a), the Secretary
shall carry out''; and
(B) by striking ``canals'' and all that follows
through ``25 percent.'' and inserting the following:
``channels attendant to the operations of the community
ditch and Acequia systems in New Mexico that--
``(1) are declared to be a political subdivision of the
State; or
``(2) belong to a federally recognized Indian Tribe.'';
(2) by redesignating subsection (c) as subsection (e);
(3) by inserting after subsection (b) the following:
``(c) Inclusions.--The measures described in subsection (b) shall,
to the maximum extent practicable--
``(1) ensure greater resiliency of diversion structures,
including to flow variations, prolonged drought conditions,
invasive plant species, and threats from changing hydrological
and climatic conditions; or
``(2) support research, development, and training for
innovative management solutions, including those for
controlling invasive aquatic plants that affect Acequias.
``(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
(4) in subsection (e) (as so redesignated)--
(A) in the first sentence--
(i) by striking ``(e) The Secretary is
further authorized and directed to'' and
inserting the following:
``(e) Public Entity Status.--
``(1) In general.--The Secretary shall''; and
(ii) by inserting ``or belong to a
federally recognized Indian Tribe within the
State of New Mexico'' after ``that State''; and
(B) in the second sentence, by striking ``This
public entity status will allow the officials of these
Acequia systems'' and inserting the following:
``(2) Effect.--The public entity status provided pursuant
to paragraph (1) shall allow the officials of the Acequia
systems described in that paragraph''.
SEC. 342. ROGERS COUNTY, OKLAHOMA.
(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:
(A) Parcel 1 includes U.S. tract 119 (partial),
U.S. tract 123, U.S. tract 120, U.S. tract 125, and
U.S. tract 118 (partial).
(B) Parcel 2 includes U.S. tract 124 (partial) and
U.S. tract 128 (partial).
(C) Parcel 3 includes U.S. tract 128 (partial).
(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.
(D) Survey required.--The exact acreage and the
legal description of any Federal land conveyed under
this section shall be determined by a survey that is
satisfactory to the Secretary.
(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.
(e) Hold Harmless.--
(1) In general.--The Port Authority shall hold the United
States harmless from any liability with respect to activities
carried out on or after the date of the conveyance under this
section on the Federal land conveyed.
(2) Limitation.--The United States shall remain responsible
for any liability incurred with respect to activities carried
out before the date of the conveyance under this section on the
Federal land conveyed.
(f) Additional Terms and Conditions.--The Secretary may require
that the conveyance under this section be subject to such additional
terms and conditions as the Secretary considers necessary and
appropriate to protect the interests of the United States.
SEC. 343. WATER SUPPLY STORAGE REPAIR, REHABILITATION, AND REPLACEMENT
COSTS.
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.''.
SEC. 344. NON-FEDERAL PAYMENT FLEXIBILITY.
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:
``(l) Delay of Payment.--
``(1) Initial payment.--At the request of''; and
(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--
``(i) the waiver will contribute to the
ability of the non-Federal interest to make
future contributions; and
``(ii) the non-Federal interest is in good
standing under terms agreed to under subsection
(k)(1).
``(B) Limitations.--The Secretary may grant not
more than 1 waiver under subparagraph (A) for the same
project.''.
SEC. 345. NORTH PADRE ISLAND, CORPUS CHRISTI BAY, TEXAS.
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)).
SEC. 346. WAIVER OF NON-FEDERAL SHARE OF DAMAGES RELATED TO CERTAIN
CONTRACT CLAIMS.
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--
(1) terminated construction of the project prior to
completion of all features; and
(2) has not collected payment from the non-Federal interest
before the date of enactment of this Act.
SEC. 347. ALGIERS CANAL LEVEES, LOUISIANA.
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.
SEC. 348. ISRAEL RIVER ICE CONTROL PROJECT, LANCASTER, NEW HAMPSHIRE.
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.
SEC. 349. CITY OF EL DORADO, KANSAS.
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--
(1) the City desires to convert the future use storage
space to present use; and
(2) the principal amount plus the accumulated interest
becomes payable pursuant to the terms of the Contract.
SEC. 350. UPPER MISSISSIPPI RIVER PROTECTION.
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:
``(f) Limitation.--The Secretary shall not recommend
deauthorization of the Upper St. Anthony Falls Lock and Dam unless the
Secretary identifies a willing and capable non-Federal public entity to
assume ownership of the lock and dam.
``(g) Modification.--The Secretary is authorized to investigate the
feasibility of modifying the Upper St. Anthony Falls Lock and Dam to
add ecosystem restoration, including the prevention and control of
invasive species, as an authorized purpose.''.
SEC. 351. REGIONAL CORPS OF ENGINEERS OFFICE, CORPUS CHRISTI, TEXAS.
(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.
(3) Improvements.--
(A) Main Building (RPUID AO-C-3516), constructed
January 9, 1974.
(B) Garage, vehicle with 5 bays (RPUID AO-C-3517),
constructed January 9, 1985.
(C) Bulkhead, Upper (RPUID AO-C-2658), constructed
January 1, 1941.
(D) Bulkhead, Lower (RPUID AO-C-3520), constructed
January 1, 1933.
(E) Bulkhead Fence (RPUID AO-C-3521), constructed
January 9, 1985.
(F) Bulkhead Fence (RPUID AO-C-3522), constructed
January 9, 1985.
(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).
SEC. 352. PILOT PROGRAM FOR GOOD NEIGHBOR AUTHORITY ON CORPS OF
ENGINEERS LAND.
(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--
(A) on Federal land; and
(B) by the Secretary or Governor pursuant to a good
neighbor agreement.
(2) Federal land.--
(A) In general.--The term ``Federal land'' means
land within the State that is administered by the Corps
of Engineers.
(B) Exclusions.--The term ``Federal land'' does not
include--
(i) a component of the National Wilderness
Preservation System;
(ii) Federal land on which the removal of
vegetation is prohibited or restricted by an
Act of Congress or a Presidential proclamation
(including the applicable implementation plan);
or
(iii) a wilderness study area.
(3) Forest, rangeland, and watershed services.--
(A) In general.--The term ``forest, rangeland, and
watershed restoration services'' means--
(i) activities to treat insect-infected and
disease-infected trees;
(ii) activities to reduce hazardous fuels;
and
(iii) any other activities to restore or
improve forest, rangeland, and watershed
health, including fish and wildlife habitat.
(B) Exclusions.--The term ``forest, rangeland, and
watershed restoration services'' does not include--
(i) construction, reconstruction, repair,
or restoration of paved or permanent roads or
parking areas, other than the reconstruction,
repair, or restoration of a road that is
necessary to carry out authorized restoration
services pursuant to a good neighbor agreement;
and
(ii) construction, alteration, repair or
replacement of public buildings or public
works.
(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.
(6) Road.--The term ``road'' has the meaning given the term
in section 212.1 of title 36, Code of Federal Regulations (as
in effect on February 7, 2014).
(7) State.--The term ``State'' means the State of Idaho.
(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.
(C) Administrative costs.--The Governor shall
provide, and the Secretary may accept and expend, funds
to cover the costs of the Secretary to enter into and
administer a good neighbor agreement.
(D) Termination.--The pilot program under
subparagraph (A) shall terminate on October 1, 2028.
(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.
SEC. 353. SOUTHEAST DES MOINES, SOUTHWEST PLEASANT HILL, IOWA.
(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):
(1) That portion of the Red Rock Dam Project consisting of
the segment of levee from Station 15+88.8W to Station 77+43.7W
shall be transferred to the Flood Protection Project.
(2) The relocated levee improvement constructed by the
City, from Station 77+43.7W to approximately Station 20+00,
shall be included in the Flood Protection Project.
(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):
(A) Easements identified as Tracts 3215E-1 and
3235E.
(B) Easements identified as Partial Tracts 3216E-2,
3216E-3, 3217E-1, 3217E-2, and 3227E.
(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:
(A) Easements identified as Tracts 3200E, 3202E-1,
3202E-2, 3202E-4, 3203E-2, 3215E-3, 3216E-1, and 3216E-
5.
(B) Easements identified as Partial Tracts 3216E-2,
3216E-3, 3217E-1, and 3217E-2.
(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.
SEC. 354. MIDDLE RIO GRANDE FLOOD PROTECTION, BERNALILLO TO BELEN, NEW
MEXICO.
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)).
SEC. 355. COMPREHENSIVE EVERGLADES RESTORATION PLAN, FLORIDA.
(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--
``(I) monitor the non-Federal
provision of cash, in-kind services,
and land; and
``(II) manage, to the maximum
extent practicable, the requirement of
the non-Federal sponsor to provide
cash, in-kind services, and land.
``(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, 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).
SEC. 356. MAINTENANCE DREDGING PERMITS.
(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.).
SEC. 357. PUGET SOUND NEARSHORE ECOSYSTEM RESTORATION, WASHINGTON.
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.
SEC. 358. TRIBAL ASSISTANCE.
(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) McNary Dam, Washington and Oregon, as
authorized by section 2 of the Act of March 2, 1945
(commonly known as the ``River and Harbor Act of
1945'') (59 Stat. 22, chapter 19).
(C) John Day Dam, Washington and Oregon, as
authorized by section 204 of the Flood Control Act of
1950 (64 Stat. 179, chapter 188).
(3) Requirements.--The village development plan under
paragraph (1) shall include, at a minimum--
(A) an evaluation of sites on both sides of the
Columbia River;
(B) an assessment of suitable Federal land and land
owned by the States of Washington and Oregon; and
(C) an estimated cost and tentative schedule for
the construction of each housing development.
(4) Location of assistance.--The Secretary may provide
housing and related assistance under this subsection at 1 or
more sites in the States of Washington and Oregon.
(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) dispose of the land or interest in land by
sale; and
(B) credit the proceeds to the appropriation, fund,
or account used to purchase the land or interest in
land.
(d) Limitation.--The Secretary shall only acquire land from willing
landowners in carrying out this section.
(e) Conforming Amendment.--Section 1178(c) of the Water Resources
Development Act of 2016 (130 Stat. 1675; 132 Stat. 3781) is repealed.
SEC. 359. RECREATIONAL OPPORTUNITIES AT CERTAIN PROJECTS.
(a) Definitions.--In this section:
(1) Covered project.--The term ``covered project'' means
any of the following projects of the Corps of Engineers:
(A) Ball Mountain Lake, Vermont.
(B) Townshend Lake, Vermont.
(2) Recreation.--The term ``recreation'' includes
downstream whitewater recreation that is dependent on
operations, recreational fishing, and boating at a covered
project.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary should--
(1) ensure that, to the extent compatible with other
project purposes, each covered project is operated in such a
manner as to protect and enhance recreation associated with the
covered project; and
(2) manage land at each covered project to improve
opportunities for recreation at the covered project.
(c) Modification of Water Control Plans.--The Secretary may modify,
or undertake temporary deviations from, the water control plan for a
covered project in order to enhance recreation, if the Secretary
determines the modifications or deviations--
(1) will not adversely affect other authorized purposes of
the covered project; and
(2) will not result in significant adverse impacts to the
environment.
SEC. 360. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED DAMS.
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.''.
SEC. 361. SOUTH FLORIDA ECOSYSTEM RESTORATION TASK FORCE.
Section 528(f)(1)(J) of the Water Resources Development Act of 1996
(110 Stat. 3771) is amended--
(1) by striking ``2 representatives'' and inserting ``3
representatives''; and
(2) by inserting ``at least 1 of which shall be a
representative of the Florida Department of Environmental
Protection and at least 1 of which shall be a representative of
the Florida Fish and Wildlife Conservation Commission,'' after
``Florida,''.
SEC. 362. NEW MADRID COUNTY HARBOR, MISSOURI.
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:
``(18) Second harbor at New Madrid County Harbor,
Missouri.''.
SEC. 363. TRINITY RIVER AND TRIBUTARIES, TEXAS.
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,''.
SEC. 364. REND LAKE, CARLYLE LAKE, AND LAKE SHELBYVILLE, ILLINOIS.
(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.
(3) Contract DACW43-83-C-0008, entered into on July 6,
1983, for utilization of storage space in Carlyle Lake,
Illinois.
(4) Contract DACW43-83-C-0009, entered into on July 6,
1983, for utilization of storage space in Lake Shelbyville,
Illinois.
SEC. 365. FEDERAL ASSISTANCE.
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''.
SEC. 366. LAND TRANSFER AND TRUST LAND FOR CHOCTAW NATION OF OKLAHOMA.
(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--
(i) shall not interfere with the operation
by the Corps of Engineers of the Sardis Lake
Project or any other authorized civil works
project; and
(ii) shall be subject to such other terms
and conditions as the Secretary determines to
be necessary and appropriate to ensure the
continued operation of the Sardis Lake Project
or any other authorized civil works project.
(B) The Secretary shall retain the right to
inundate with water the land transferred to the Choctaw
Nation under this subsection as necessary to carry out
an authorized purpose of the Sardis Lake Project or any
other civil works project.
(C) No gaming activities may be conducted on the
land transferred under this subsection.
(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.
(2) Survey.--The exact acreage and legal descriptions of
the land to be transferred under subsection (a) shall be
determined by a survey satisfactory to the Secretary and the
Secretary of the Interior.
(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--
(A) the survey under subsection (b)(2);
(B) compliance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(C) any coordination necessary with respect to
requirements related to endangered species, cultural
resources, clean water, and clean air.
TITLE IV--WATER RESOURCES INFRASTRUCTURE
SEC. 401. PROJECT AUTHORIZATIONS.
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.--
------------------------------------------------------------------------
C. Date of
Report or
A. State B. Name Decision D. Estimated Costs
Document
------------------------------------------------------------------------
1. AK Elim Subsistence March 12, Federal: $74,905,000
Harbor 2021 Non-Federal: $1,896,000
Total: $76,801,000
------------------------------------------------------------------------
2. CA Port of Long Beach October 14, Federal: $71,985,500
Deep Draft 2021 Non-Federal: $73,447,500
Navigation, Los Total: $145,433,000
Angeles
------------------------------------------------------------------------
(2) Flood risk management.--
------------------------------------------------------------------------
C. Date of
Report or
A. State B. Name Decision D. Estimated Costs
Document
------------------------------------------------------------------------
1. AL Selma October 7, Federal: $15,533,100
2021 Non-Federal: $8,363,900
Total: $23,897,000
------------------------------------------------------------------------
2. CA Lower Cache Creek, June 21, 2021 Federal: $215,152,000
Yolo County, Non-Federal: $115,851,000
Woodland, and Total: $331,003,000
Vicinity
------------------------------------------------------------------------
3. OR Portland Metro August 20, Federal: $77,111,100
Levee System 2021 Non-Federal: $41,521,300
Total: $118,632,400
------------------------------------------------------------------------
4. NE Papillion Creek January 24, Federal: $91,491,400
and Tributaries 2022 Non-Federal: $52,156,300
Lakes Total: $143,647,700
------------------------------------------------------------------------
5. AL Valley Creek, October 29, Federal: $17,725,000
Bessemer and 2021 Non-Federal: $9,586,000
Birmingham Total: $27,311,000
------------------------------------------------------------------------
(3) Hurricane and storm damage risk reduction.--
------------------------------------------------------------------------
C. Date of
Report or
A. State B. Name Decision D. Estimated Costs
Document
------------------------------------------------------------------------
1. CT Fairfield and New January 19, Federal: $92,937,000
Haven Counties 2021 Non-Federal: $50,043,000
Total: $142,980,000
------------------------------------------------------------------------
2. PR San Juan Metro September 16, Federal: $245,418,000
2021 Non-Federal: $131,333,000
Total: $376,751,000
------------------------------------------------------------------------
3. FL Florida Keys, September 24, Federal: $1,513,531,000
Monroe County 2021 Non-Federal: $814,978,000
Total: $2,328,509,000
------------------------------------------------------------------------
4. FL Okaloosa County October 7, Initial Federal:
2021 $19,822,000
Initial Non-Federal:
$11,535,000
Initial Total: $31,357,000
Renourishment Federal:
$71,045,000
Renourishment Non-Federal:
$73,787,000
Renourishment Total:
$144,832,000
------------------------------------------------------------------------
5. SC Folly Beach October 26, Initial Federal:
2021 $45,490,000
Initial Non-Federal:
$5,054,000
Initial Total: $50,544,000
Renourishment Federal:
$164,424,000
Renourishment Non-Federal:
$26,767,000
Renourishment Total:
$191,191,000
------------------------------------------------------------------------
6. FL Pinellas County October 29, Initial Federal: $8,627,000
2021 Initial Non-Federal:
$5,332,000
Initial Total: $13,959,000
Renourishment Federal:
$92,000,000
Renourishment Non-Federal:
$101,690,000
Renourishment Total:
$193,690,000
------------------------------------------------------------------------
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: $1,005,001,000
Basin 2022 Non-Federal: $541,155,000
Total: $1,546,156,000
------------------------------------------------------------------------
(4) Hurricane and storm damage reduction and ecosystem
restoration.--
------------------------------------------------------------------------
C. Date of
Report or
A. State B. Name Decision D. Estimated Costs
Document
------------------------------------------------------------------------
1. TX Coastal Texas September 16, Federal: $19,237,894,000
Protection and 2021 Non-Federal:
Restoration $11,668,393,000
Feasibility Study Total: $30,906,287,000
------------------------------------------------------------------------
(5) Ecosystem restoration.--
------------------------------------------------------------------------
C. Date of
Report or
A. State B. Name Decision D. Estimated Costs
Document
------------------------------------------------------------------------
1. CA Prado Basin April 22, Federal: $33,976,000
Ecosystem 2021 Non-Federal: $18,294,000
Restoration, San Total: $52,270,000
Bernardino,
Riverside and
Orange Counties
------------------------------------------------------------------------
(6) 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: $1,241,000,000
------------------------------------------------------------------------
2. LA West Bank and December 17, Federal: $431,000,000
Vicinity 2021 Non-Federal: $232,000,000
Total: $663,000,000
------------------------------------------------------------------------
3. GA Brunswick Harbor, March 11, Federal: $10,774,500
Glynn County 2022 Non-Federal: $3,594,500
Total: $14,369,000
------------------------------------------------------------------------
4. DC Washington, DC and July 22, 2021 Federal: $17,740,000
Vicinity Non-Federal: $0
Total: $17,740,000
------------------------------------------------------------------------
SEC. 402. STORM DAMAGE PREVENTION AND REDUCTION, COASTAL EROSION, AND
ICE AND GLACIAL DAMAGE, ALASKA.
(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--
(1) relocation of affected communities; and
(2) construction of replacement facilities.
(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.
(c) Repeal.--Section 116 of the Energy and Water Development and
Related Agencies Appropriations Act, 2010 (123 Stat. 2851), is
repealed.
(d) Treatment.--The program authorized by subsection (a) shall be
considered a continuation of the program authorized by section 116 of
the Energy and Water Development and Related Agencies Appropriations
Act, 2010 (123 Stat. 2851) (as in effect on the day before the date of
enactment of this Act).
SEC. 403. EXPEDITED COMPLETION OF PROJECTS.
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.
(14) Project for dam safety modifications, Bluestone Dam,
West Virginia.
(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).
(21) Project for navigation, Kentucky Lock Addition,
Kentucky.
(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).
SEC. 404. SPECIAL RULES.
(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.
(2) The project may include Federal participation in
periodic nourishment.
(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--
(A) to construct the measure; and
(B) to operate and maintain the measure using funds
provided to the Secretary by the non-Federal interest
for the project.
(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.
SEC. 405. 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 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.
(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) Savings Provision.--Nothing in this section--
(1) establishes any express or implied reserved water right
in the United States for any purpose;
(2) affects any water right in existence on the date of
enactment of this Act;
(3) preempts or affects any State water law or interstate
compact governing water; or
(4) affects any Federal or State law in existence on the
date of enactment of this Act regarding water quality or water
quantity.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $90,000,000.
SEC. 406. LOWER MISSISSIPPI RIVER BASIN DEMONSTRATION PROGRAM.
(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).
(B) Assistance.--Projects under subparagraph (A)
may include measures for--
(i) sediment control;
(ii) protection of eroding riverbanks and
streambanks and shorelines;
(iii) channel modifications;
(iv) beneficial uses of dredged material;
or
(v) other related projects that may enhance
the living resources of the Lower Mississippi
River Basin.
(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.--
(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 Lower
Mississippi River Basin plan described in subsection (c).
(2) Requirements.--Each agreement entered into under this
subsection shall provide for 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.
(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.
(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.
(f) Cooperation.--In carrying out this section, the Secretary shall
cooperate with--
(1) the heads of appropriate Federal agencies, including--
(A) the Secretary of Agriculture;
(B) the Secretary of the Interior, acting through
the Director of the United States Fish and Wildlife
Service; and
(C) 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.
(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.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $90,000,000.
SEC. 407. FORECAST-INFORMED RESERVOIR OPERATIONS.
(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.
SEC. 408. MISSISSIPPI RIVER MAT SINKING UNIT.
The Secretary shall expedite the replacement of the Mississippi
River mat sinking unit.
SEC. 409. SENSE OF CONGRESS RELATING TO OKATIBBEE LAKE.
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
(2) addressing shoreline sloughing and erosion at a project
of the Secretary, including at a location leased by non-Federal
entities such as Okatibbee Lake, is an activity that is
eligible to be carried out by the Secretary as part of the
operation and maintenance of the project.
Calendar No. 361
117th CONGRESS
2d Session
S. 4136
_______________________________________________________________________
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.
_______________________________________________________________________
May 4, 2022
Read twice and placed on the calendar
Introduced in Senate
Committee on Environment and Public Works. Original measure reported to Senate by Senator Carper. Without written report.
Committee on Environment and Public Works. Original measure reported to Senate by Senator Carper. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 361.
By Senator Carper from Committee on Environment and Public Works filed written report. Report No. 117-124.
By Senator Carper from Committee on Environment and Public Works filed written report. Report No. 117-124.
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