H.R. 7575 — what changed
Water Resources Development Act of 2020
From Reported in House to Engrossed in House. 39 sections amended and 5 added between Reported in House and Engrossed in House.
Sec. 125 Beneficial reuse of dredged material; dredged material management plans
National policy on the beneficial reuse of dredged material—
In general— It is the policy of the United States for the Corps of Engineers to maximize the beneficial reuse, in an environmentally acceptable manner, of suitable dredged material obtained from the construction or operation and maintenance of water resources development projects.
Placement of dredged materials—
In general— In evaluating the placement of dredged material obtained from the construction or operation and maintenance of water resources development projects, the Secretary shall consider—
the suitability of the dredged material for a full range of beneficial uses; and
the economic and environmental benefits, efficiencies, and impacts (including the effects on living coral) of using the dredged material for beneficial uses, including, in the case of beneficial reuse activities that involve more than one water resources development project, the benefits, efficiencies, and impacts that result from the combined activities.
Calculation of Federal standard— The economic benefits and efficiencies from the beneficial use of dredged material considered by the Secretary under subparagraph (A) shall be included in any determination relating to the “Federal standard” by the Secretary under section 335.7 of title 33, Code of Federal Regulations for the placement or disposal of such material.
Beneficial use of dredged material—
Pilot program projects— Section 1122 of the Water Resources Development Act of 2016 (33 U.S.C. 2326 note) is amended—
in subsection (b)(1), by striking “20” and inserting “30”; and
in subsection (g), by striking “20” and inserting “30”.
Sense of Congress— It is the sense of Congress that the Secretary, in selecting projects for the beneficial reuse of dredged materials under section 1122 of the Water Resources Development Act of 2016 (33 U.S.C. 2326 note), should ensure the thorough evaluation of project submissions from rural, small, and economically disadvantaged communities.
Five-Year regional dredged material management plans—
In general— Not later than 1 year after the date of enactment of this Act, and annually thereafter, the District Commander of each district of the Corps of Engineers that obtains dredged material through the construction or operation and maintenance of a water resources development project shall, at Federal expense, develop and submit to the Secretary a 5-year dredged material management plan in coordination with relevant State agencies and stakeholders.
Scope— Each plan developed under this subsection shall include—
a dredged material budget for each watershed or littoral system within the district;
an estimate of the amount of dredged material likely to be obtained through the construction or operation and maintenance of all water resources development projects projected to be carried out within the district during the 5-year period following submission of the plan, and the estimated timing for obtaining such dredged material;
an identification of potential water resources development projects projected to be carried out within the district during such 5-year period that are suitable for, or that require, the placement of dredged material, and an estimate of the amount of dredged material placement capacity of such projects;
an evaluation of—
the suitability of the dredged material for a full range of beneficial uses; and
the economic and environmental benefits, efficiencies, and impacts (including the effects on living coral) of using the dredged material for beneficial uses, including, in the case of beneficial reuse activities that involve more than one water resources development project, the benefits, efficiencies, and impacts that result from the combined activities; and
the district-wide goals for beneficial reuse of the dredged material, including any expected cost savings from aligning and coordinating multiple projects (including projects across Corps districts) in the reuse of the dredged material.
Public comment— In developing each plan under this subsection, each District Commander shall provide notice and an opportunity for public comment.
Public availability— Upon submission of each plan to the Secretary under this subsection, each District Commander shall make the plan publicly available, including on a publicly available website.
Dredge pilot program—
Revisions— Section 1111 of the Water Resources Development Act of 2018 (33 U.S.C. 2326 note) is amended—
changed
in subsection (a), by striking “for the operation and maintenance of harbors and inland harbors” and all that follows through the period at the end and inserting the following: “for the—the operation and maintenance of—
“(1) harbors and inland harbors referred to in section 210(a)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(a)(2)); or
“(2) inland and intracoastal waterways of the United States described in section 206 of the Inland Waterways Revenue Act of 1978 (33 U.S.C. 1804).”
in subsection (b), by striking “or inland harbors” and inserting “, inland harbors, or inland or intracoastal waterways”.
Coordination with existing authorities— The Secretary may carry out the dredge pilot program authorized by section 1111 of the Water Resources Development Act of 2018 (33 U.S.C. 2326 note) in coordination with Federal regional dredge demonstration programs in effect on the date of enactment of this Act.
Sec. 133 Materials, services, and funds for repair, restoration, or rehabilitation of projects
In general— In any area covered by an emergency or major disaster declaration declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Secretary is authorized to accept and use materials, services, and funds, during the period the declaration is in effect, from a non-Federal interest or private entity to repair, restore, or rehabilitate a federally authorized water resources development project, and to provide reimbursement to such non-Federal interest or private entity for such materials, services, and funds, in the Secretary’s sole discretion, and subject to the availability of appropriations, if the Secretary determines that reimbursement is in the public interest.
Additional requirement— The Secretary may only reimburse for the use of materials or services accepted under this section if such materials or services meet the Secretary’s specifications and comply with all applicable laws and regulations that would apply if such materials and services were acquired by the Secretary, including sections 3141 through 3148 and 3701 through 3708 of title 40, United States Code, section 8302 of title 41, United States Code, and the National Environmental Policy Act of 1969.
Agreements—
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In general— Prior to the acceptance of materials, services, or funds under this section, the Secretary and the non-Federal interest or private entity shall enter into an agreement that specifies—
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the non-Federal interest or private entity 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, interest or private entity, except for damages due to the fault or negligence of the United States or its contractors;
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the non-Federal interest or private entity shall certify that the materials or services comply with all applicable laws and regulations under subsection (b); and
any other term or condition required by the Secretary.
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Exception— If an agreement under paragraph (1) was not entered prior to materials or services being contributed, a non-Federal interest or private entity shall enter into an agreement with the Secretary that—
specifies the value, as determined by the Secretary, of those materials or services contributed and eligible for reimbursement; and
ensures that the materials or services comply with subsection (b) and paragraph (1).
Sec. 135 National Dam Safety Program
Definitions— Section 2 of the National Dam Safety Program Act (33 U.S.C. 467) is amended—
in paragraph (4)—
in subparagraph (A)—
by striking clause (iii) and inserting the following:
“(iii) has an emergency action plan that—
“(I) is approved by the relevant State dam safety agency; or
“(II) is in conformance with State law and pending approval by the relevant State dam safety agency;”
by striking clause (iv) and inserting the following:
“(iv) fails to meet minimum dam safety standards of the State in which the dam is located, as determined by the State; and
“(v) poses an unacceptable risk to the public, as determined by the Administrator, in consultation with the Board.”
in subparagraph (B)(i), by inserting “under a hydropower project with an authorized installed capacity of greater than 1.5 megawatts” after “dam”; and
in paragraph (10)—
in the heading, by striking “Non-Federal sponsor” and inserting “Eligible subrecipient”; and
by striking “The term non-Federal sponsor” and inserting “The term eligible subrecipient”.
Rehabilitation of high hazard potential dams—
Establishment of program— Section 8A(a) of the National Dam Safety Program Act (33 U.S.C. 467f–2(a)) is amended by striking “to non-Federal sponsors” and inserting “to States with dam safety programs”.
Eligible activities— Section 8A(b) of the National Dam Safety Program Act (33 U.S.C. 467f–2(b)) is amended, in the matter preceding paragraph (1), by striking “for a project may be used for” and inserting “to a State may be used by the State to award grants to eligible subrecipients for”.
Award of grants— Section 8A(c) of the National Dam Safety Program Act (33 U.S.C. 467f–2(c)) is amended—
in paragraph (1)(A), by striking “non-Federal sponsor” and inserting “State”; and
in paragraph (2)—
in subparagraph (A), by striking “an eligible high hazard potential dam to a non-Federal sponsor” and inserting “eligible high hazard potential dams to a State”;
in subparagraph (B)—
in the subparagraph heading, by striking “Project grant” and inserting “Grant”;
by striking “project grant agreement with the non-Federal sponsor” and inserting “grant agreement with the State”; and
by striking “project,” and inserting “projects for which the grant is awarded,”;
by amending subparagraph (C) to read as follows:
“(C) Grant assurance—As part of a grant agreement under subparagraph (B), the Administrator shall require that each eligible subrecipient to which the State awards a grant under this section provides an assurance, with respect to the dam to be rehabilitated by the eligible subrecipient, that the dam owner will carry out a plan for maintenance of the dam during the expected life of the dam.”
in subparagraph (D), by striking “A grant provided under this section shall not exceed” and inserting “A State may not award a grant to an eligible subrecipient under this section that exceeds, for any 1 dam,”.
Requirements— Section 8A(d) of the National Dam Safety Program Act (33 U.S.C. 467f–2(d)) is amended—
in paragraph (1), by inserting “to an eligible subrecipient” after “this section”;
in paragraph (2)—
in the paragraph heading, by striking “Non-Federal sponsor” and inserting “Eligible subrecipient”;
in the matter preceding subparagraph (A), by striking “the non-Federal sponsor shall” and inserting “an eligible subrecipient shall, with respect to the dam to be rehabilitated by the eligible subrecipient”;
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in subparagraph (A), by striking “participate in, and comply with,” and inserting “demonstrate that the community in which the dam is located participates in, and complies with,”;amending subparagraph (A) to read as follows:
added “(A) demonstrate that the community in which the dam is located participates in, and complies with, all applicable Federal flood insurance programs, including demonstrating that such community is participating in the National Flood Insurance Program, and is not on probation, suspended, or withdrawn from such Program;”
in subparagraph (B), by striking “have” and inserting “beginning not later than 2 years after the date on which the Administrator publishes criteria for hazard mitigation plans under paragraph (3), demonstrate that the Tribal or local government with jurisdiction over the area in which the dam is located has”; and
in subparagraph (C), by striking “50-year period” and inserting “expected life of the dam”; and
by adding at the end the following:
“(3) Hazard mitigation plan criteria—Not later than 1 year after the date of enactment of this paragraph, the Administrator, in consultation with the Board, shall publish criteria for hazard mitigation plans required under paragraph (2)(B).”
Floodplain management plans— Section 8A(e) of the National Dam Safety Program Act (33 U.S.C. 467f–2(e)) is amended—
in paragraph (1)—
in the matter preceding subparagraph (A), by striking “the non-Federal sponsor” and inserting “an eligible subrecipient”; and
in subparagraph (B), by striking “1 year” and inserting “2 years” each place it appears; and
by striking paragraph (3) and inserting the following:
“(3) Plan criteria and technical support—The Administrator, in consultation with the Board, shall provide criteria, and may provide technical support, for the development and implementation of floodplain management plans prepared under this subsection.”
Contractual requirements— Section 8A(i)(1) of the National Dam Safety Program Act (33 U.S.C. 467f–2(i)(1)) is amended by striking “a non-Federal sponsor” and inserting “an eligible subrecipient”.
Sec. 138 Definition of economically disadvantaged community
In general— Not later than 180 days after the date of enactment of this Act, the Secretary shall issue guidance defining the term economically disadvantaged community for the purposes of this Act and the amendments made by this Act.
Considerations— In defining the term economically disadvantaged community under subsection (a), the Secretary shall, to the maximum extent practicable, utilize the criteria under paragraphs (1) or (2) of section 301(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161), to the extent that such criteria are applicable in relation to the development of water resources development projects.
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Public comment— In developing the guidance under subsection (a), the Secretary shall provide notice and an opportunity for public comment.
Sec. 139 Cost sharing provisions for territories and Indian Tribes
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Section 1156(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2310(b)) is amended by striking “inflation” “for inflation” and all that follows through the period at the end and inserting “on an annual basis for inflation.”.
Sec. 201 Authorization of proposed feasibility studies
In general— The Secretary is authorized to conduct a feasibility study for 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:
Tonto Creek, Gila River, Arizona— Project for flood risk management, Tonto Creek, Gila River, Arizona.
Sulphur River, Arkansas and Texas— Project for ecosystem restoration, Sulphur River, Arkansas and Texas.
Cable Creek, California— Project for flood risk management, water supply, and related benefits, Cable Creek, California.
Del Mar Bluffs, California— Project for shoreline stabilization, Del Mar Bluffs, San Diego County, California.
Redbank and Fancher Creeks, California— Project for water conservation and water supply, Redbank and Fancher Creeks, California.
Rio Hondo Channel, California— Project for ecosystem restoration, Rio Hondo Channel, San Gabriel River, California.
Southern California, California— Project for coastal storm damage reduction, Southern California.
Shingle Creek and Kissimmee River, Florida— Project for ecosystem restoration and water storage, Shingle Creek and Kissimmee River, Osceola County, Florida.
St. John’s River and Lake Jesup, Florida— Project for ecosystem restoration, St. John’s River and Lake Jesup, Florida.
Waimea River, Hawaii— Project for flood risk management, Waimea River, Kauai, Hawaii.
Chicago area waterways system, Illinois— Project for ecosystem restoration, recreation, and other purposes, Illinois River, Chicago River, Calumet River, Grand Calumet River, Little Calumet River, and other waterways in the vicinity of Chicago, Illinois.
Fox River, Illinois— Project for flood risk management, Fox River, Illinois.
Lower Missouri River, Kansas— Project for bank stabilization and navigation, Lower Missouri River, Sioux City, Kansas.
Tangipahoa Parish, Louisiana— Project for flood risk management, Tangipahoa Parish, Louisiana.
Kent Narrows and Chester River, Maryland— Project for navigation, Kent Narrows and Chester River, Queen Anne’s County, Maryland.
Boston, Massachusetts— Project for hurricane and storm damage risk reduction, Boston, Massachusetts, pursuant to the comprehensive study authorized under the Disaster Relief Appropriations Act, 2013 (Public Law 113–2).
Lower St. Croix River, Minnesota— Project for flood risk management, ecosystem restoration, and recreation, Lower St. Croix River, Minnesota.
Escatawpa River Basin, Mississippi— Project for flood risk management and ecosystem restoration, Escatawpa River, Jackson County, Mississippi.
Long Beach, Bay St. Louis and Mississippi Sound, Mississippi— Project for hurricane and storm damage risk reduction and flood risk management, Long Beach, Bay St. Louis and Mississippi Sound, Mississippi.
Pascagoula River Basin, Mississippi— Project for comprehensive watershed study, Pascagoula, Mississippi.
Tallahoma and Tallahala creeks, Mississippi— Project for flood risk management, Leaf River, Jones County, Mississippi.
Lower Osage River Basin, Missouri— Project for ecosystem restoration, Lower Osage River Basin, Missouri.
Upper Basin and Stony Brook (Green Brook Sub-basin), Raritan River Basin, New Jersey— Reevaluation of the Upper Basin and Stony Brook portions of the project for flood control, Green Brook Sub-basin, Raritan River Basin, New Jersey, authorized by section 401 of the Water Resources Development Act of 1986 (100 Stat. 4119), including the evaluation of nonstructural measures to achieve the project purpose.
Lake Ontario shoreline, New York— Project for coastal storm resiliency, Lake Ontario shoreline, New York.
Wading River Creek, New York— Project for hurricane and storm damage risk reduction, flood risk management, navigation, and ecosystem restoration, Wading River Creek, New York.
Reel Point Preserve, New York— Project for navigation and shoreline stabilization, Reel Point Preserve, New York.
Goldsmith Inlet, New York— Project for navigation, Goldsmith Inlet, New York.
Tuscarawas River Basin, Ohio— Project for comprehensive watershed study, Tuscarawas River Basin, Ohio.
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Lower Columbia River Basin (turning basin), Oregon and Washington— Project to improve and add turning basins for the project for navigation, Columbia River Channel, Oregon and Washington, authorized by section 101(b)(13) of the Water Resources Development Act of 1999 (113 Stat. 280).
Williamsport, Pennsylvania— Project for flood risk management and levee rehabilitation, greater Williamsport, Pennsylvania.
City of Charleston, South Carolina— Project for tidal- and inland-related flood risk management, Charleston, South Carolina.
Tennessee and Cumberland River Basins, Tennessee— Project to deter, impede, or restrict the dispersal of aquatic nuisance species in the Tennessee and Cumberland River Basins, Tennessee.
Sabine Pass to Galveston Bay, Texas— Modification of the project for hurricane and storm damage risk reduction, Port Arthur and Orange County, Texas, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1184), and authorized as a separable element of the project for Sabine Pass to Galveston Bay, authorized by item 3 of section 1401(3) of the Water Resources Development Act of 2018 (132 Stat. 3838), to reduce the risk of flooding through the construction of improvements to interior drainage.
Port of Victoria, Texas— Project for flood risk management, Port of Victoria, Texas.
Lower Fox River Basin, Wisconsin— Project for comprehensive watershed study, Lower Fox River Basin, Wisconsin.
Upper Fox River and Wolf River, Wisconsin— Project for flood risk management and ecosystem restoration, Upper Fox River and Wolf River, Wisconsin.
Special rule— The Secretary shall consider any study carried out by the Secretary to formulate the modifications to the project for hurricane and storm damage risk reduction, Port Arthur and Orange County, Texas, identified in subsection (a)(33) to be a continuation of the study carried out for Sabine Pass to Galveston Bay, Texas, authorized by a resolution of the Committee on Environment and Public Works of the Senate, approved June 23, 2004, and funded by title IV of division B of the Bipartisan Budget Act of 2018, under the heading “Corps of Engineers—Civil—Department of the Army—Construction” (Public Law 115–123; 132 Stat. 76).
Sec. 202 Expedited completions
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:
Project for navigation, St. George Harbor, Alaska.
Project for shoreline stabilization, Aunu‘u Harbor, American Samoa.
Project for shoreline stabilization, Tutuila Island, American Samoa.
Project for flood risk management, Lower Santa Cruz River, Arizona.
Project for flood control, water conservation, and related purposes, Coyote Valley Dam, California.
Project for flood damage reduction and ecosystem restoration, Del Rosa Channel, city of San Bernardino, California.
Project for flood risk management, Lower Cache Creek, California.
Project for flood damage reduction and ecosystem restoration, Mission-Zanja Channel, cities of San Bernardino and Redlands, California.
Project for shoreline protection, Oceanside, California, authorized pursuant to section 414 of the Water Resources Development Act of 2000 (114 Stat. 2636; 121 Stat. 1176).
Project for flood risk management, Prado Basin, California.
Project to modify the project for navigation, San Francisco Bay to Stockton, California.
Project to modify the Seven Oaks Dam, California, portion of the project for flood control, Santa Ana River Mainstem, California, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4113; 101 Stat. 1329–111; 104 Stat. 4611; 110 Stat. 3713; 121 Stat. 1115), to include water conservation as an authorized purpose.
Project to modify the project for navigation, Delaware River Mainstem and Channel Deepening, Delaware, New Jersey, and Pennsylvania, authorized by section 101(6) of the Water Resources Development Act of 1992 (106 Stat. 4802; 113 Stat. 300; 114 Stat. 2602), to include the construction of a turning basin located near the Packer Avenue Marine Terminal.
Project for ecosystem restoration, Central and Southern Florida Project Canal 111 (C–111), South Dade County, Florida.
Project for comprehensive hurricane and storm damage risk reduction and shoreline erosion protection, Chicago, Illinois, authorized by section 101(a)(12) of the Water Resources Development Act of 1996 (110 Stat. 3664; 113 Stat. 302).
Project for flood risk management, Wheaton, DuPage County, Illinois.
Project for flood damage reduction, ecosystem restoration, and recreation, Blue River Basin, Kansas City, Kansas, carried out pursuant to the resolution of the Committee on Transportation and Infrastructure of the House of Representatives adopted on September 24, 2008 (docket number 2803).
Project for flood control, Amite River and Tributaries east of the Mississippi River, Louisiana.
Project for coastal storm risk management, Upper Barataria Basin, Louisiana.
Project to replace the Bourne and Sagamore Bridges, Cape Cod, Massachusetts.
Project to deepen the project for navigation, Gulfport Harbor, Mississippi, authorized by section 202(a) of the Water Resources Development Act of 1986 (100 Stat. 4094).
Project for flood risk management, Rahway River Basin, New Jersey.
Project for hurricane and storm damage risk reduction, Raritan Bay and Sandy Hook Bay, Highlands, New Jersey.
Project for navigation, Shark River, New Jersey.
Project for flood risk management, Rondout Creek-Wallkill River Watershed, New York, carried out pursuant to the resolution of the Committee on Transportation and Infrastructure of the House of Representatives adopted on May 2, 2007 (docket number 2776).
Project for ecosystem restoration and hurricane and storm damage risk reduction, Spring Creek South (Howard Beach), Queens, New York.
Project to resolve increased silting and shoaling adjacent to the Federal channel, Port of Bandon, Coquille River, Oregon.
Project for flood control, 42nd Street Levee, Springfield, Oregon, being carried out under section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s).
Project for ecosystem restoration, Hood River at the confluence with the Columbia River, Oregon.
Project for flood risk management, Rio Culebrinas, Puerto Rico.
Project for flood risk management, Rio Grande de Manati, Puerto Rico.
Project for flood risk management, Rio Guayanilla, Puerto Rico.
Project for flood risk management, Dorchester County, South Carolina.
Project for navigation, Georgetown Harbor, South Carolina.
Project for hurricane and storm damage risk reduction, Myrtle Beach, South Carolina.
Project to modify the projects for navigation and other purposes, Old Hickory Lock and Dam and the Cordell Hull Dam and Reservoir, Cumberland River, Tennessee, authorized by the Act of July 24, 1946 (chapter 595, 60 Stat. 636), to add flood risk management as an authorized purpose.
Project for flood risk management, ecosystem restoration, water supply, and related purposes, Lower Rio Grande River, Cameron County, Texas, carried out pursuant to the resolution of the Committee on Transportation and Infrastructure of the House of Representatives adopted on May 21, 2003 (docket number 2710).
Project for hurricane and storm damage risk reduction and shoreline erosion protection, Bolongo Bay, St. Thomas, United States Virgin Islands.
Project for flood risk management, Savan Gut Phase II, St. Thomas, United States Virgin Islands.
Project for flood risk management, Turpentine Run, St. Thomas, United States Virgin Islands.
Project for navigation, North Landing Bridge, Atlantic Intracoastal Waterway, Virginia.
Post-Authorization change reports— The Secretary shall expedite completion of a post-authorization change report for the following projects:
Project for ecosystem restoration, Tres Rios, Arizona.
Project for flood control, San Luis Rey River, California.
Project for ecosystem restoration, Central and Southern Florida Project Canal 111 (C–111), South Dade County, Florida.
Project for ecosystem restoration, Comprehensive Everglades Restoration Plan, Caloosahatchee River C–43, West Basin Storage Reservoir, Florida.
Project for flood risk management, Des Moines Levee System, including Birdland Park Levee, Des Moines and Raccoon Rivers, Des Moines, Iowa.
Watershed and river basin assessments— The Secretary shall expedite the completion of an assessment under section 729 of the Water Resources Development Act of 1986 (33 U.S.C. 2267a), for the following:
Kansas River Basin, Kansas.
Merrimack River Basin, Massachusetts.
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Disposition study—studies— The Secretary shall expedite the completion of a disposition study, carried out under section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a), for the project for Salinas Reservoir (Santa Margarita Lake), California.following:
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The disposition of the project for Salinas Reservoir (Santa Margarita Lake), California.
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The partial disposition of the Upper St. Anthony Falls Lock facility and surrounding real property, in accordance with the requirements of section 2010 of the Water Resources Reform and Development Act of 2014 (128 Stat. 1270; 132 Stat. 3812).
Sec. 220 Study on Corps of Engineers concessionaire agreements
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In general—Study— Not later than 18 months 1 year after the date of enactment of this Act, the Secretary Comptroller General of the United States shall conduct, and submit to the Committee on Transportation and Infrastructure of the House of the Representatives and the Committee on Environment and Public Works of the Senate a report that analyzes on the benefits and consequences of including municipal water supply and water conservation as results of, a primary mission of the study on commercial concessionaires at Corps of Engineers in carrying out water resources development projects.recreational facilities.
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Inclusion—Requirements— The Secretary shall include in the report submitted study under subsection (a)—(a) shall include—
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a description an analysis of existing water resources development projects with municipal water supply or water conservation Corps of Engineers policies as authorized purposes, and the extent they relate to which such projects are utilized for the pricing of items sold by commercial concessionaires at Corps of Engineers recreational facilities, including commoditized goods such purposes;as fuel and food items;
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a description an assessment of existing water resources development projects with respect to which—the impact of gross revenue fees on—
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municipal water supply or water conservation could be added as a project purpose, including those with respect to which a non-Federal interest has expressed an interest the sales of items described in adding municipal water supply or water conservation as a project purpose; andparagraph (1);
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such a purpose could be accommodated while maintaining existing authorized purposes;the total revenues collected by commercial concessionaires at Corps of Engineers recreational facilities; and
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the amounts of the moneys paid by such concessionaires to the United States—
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amounts equivalent to which are appropriated to the Corps of Engineers for operation and maintenance of recreational facilities; or
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that are distributed to States and counties under section 7 of the Act of August 18, 1941 (33 U.S.C. 701c–3);
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a description an assessment of ongoing water resources development project studies the authorizations for which include authorization for the Secretary to study the feasibility potential impact of carrying out the project with using a purpose of municipal water supply or water conservation;fixed revenue fee on the sales, revenues, and amounts described in paragraph (2);
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an analysis of how adding municipal water supply and water conservation as a primary mission of the Corps of Engineers would affect policies related to the ability length of the Secretary to carry out future water resources development projects; andcommercial concessionaire contracts;
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any recommendations an assessment of the Secretary relating to including municipal water supply and water conservation as a primary mission impacts of changing the Corps length of Engineers.commercial concessionaire contracts to a minimum of 25 years, including assessment of—
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the potential effects on monetary investment in Corps of Engineers properties by commercial concessionaires, including whether establishing such a minimum contract length would lead to increased investment; and
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whether establishing such a minimum contract length would reduce competition, or result in commercial concessionaires providing less value to the public or to water resources development projects; and
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an assessment of whether changes in the concessionaire fee structure or the minimum length of a commercial concessionaire contract is in the public interest.
Sec. 221 Study on water supply and water conservation at water resources development projects
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In general— Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of the Representatives and the Committee on Environment and Public Works of the Senate a report that analyzes the benefits and consequences of including municipal water supply and water conservation as a primary mission of the Corps of Engineers in carrying out water resources development projects.
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Inclusion— The Secretary shall include in the report submitted under subsection (a)—
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Inventory of PFAS at Corps facilities—
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In general— Not later than 18 months after the date of enactment of this section, and annually thereafter the Secretary shall complete an inventory of Corps of Engineers civil works facilities that are or may be contaminated, or could become contaminated, by PFAS.
removed
Contents of inventory— In carrying out this subsection, the Secretary shall review and identify—
removed
all facilities owned or operated by the Corps of Engineers, for which there is a civil works function, that are or may be contaminated, or could become contaminated, by PFAS;
removed
the nature and extent of any such contamination or potential for contamination, including any potential pathways for human exposure to PFAS;
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response measures taken to monitor, control, remove, or remediate PFAS, or otherwise reduce the risk of human exposure to PFAS;
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for facilities identified under subparagraph (A), the extent to which such facilities (or any such contamination or potential for contamination at such facilities) are related to the civil works functions of the Corps of Engineers;
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the extent to which the Secretary, or other entities, may have responsibility for such contamination or potential for contamination; and
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for facilities identified under subparagraph (A), the costs to remediate and reduce the risk of human exposure to PFAS.
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Coordination with other Federal agencies— To the maximum extent practicable, the actions taken under this subsection shall supplement and support work undertaken by other Federal agencies, including actions taken pursuant to the plan published by the Administrator of the Environmental Protection Agency, titled “EPA’s Per- and Polyfluoroalkyl Substances (PFAS) Action Plan” and dated February 2019.
removed
Report to Congress— Upon completion of the inventory under paragraph (1), and annually thereafter concurrent with the President’s annual budget request to Congress, the Secretary shall submit the inventory to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate.
removed
PFAS Technology Research—
removed
Research support— The Secretary, acting through the Hazardous Waste Research Center located at the Engineer Research and Development Center, shall, to the maximum extent practicable, support the efforts of other Federal agencies in the development of innovative technologies and methodologies for the detection, treatment, and cleanup of PFAS associated with Federal facilities, including groundwater associated with such facilities.
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Duplication of efforts— Nothing in this subsection is intended to duplicate the activities undertaken by other Federal agencies a description of existing water resources development projects with municipal water supply or water conservation as identified in subsection (a)(3).authorized purposes, and the extent to which such projects are utilized for such purposes;
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a description of existing water resources development projects with respect to which—
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municipal water supply or water conservation could be added as a project purpose, including those with respect to which a non-Federal interest has expressed an interest in adding municipal water supply or water conservation as a project purpose; and
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such a purpose could be accommodated while maintaining existing authorized purposes;
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a description of ongoing water resources development project studies the authorizations for which include authorization for the Secretary to study the feasibility of carrying out the project with a purpose of municipal water supply or water conservation;
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an analysis of how adding municipal water supply and water conservation as a primary mission of the Corps of Engineers would affect the ability of the Secretary to carry out future water resources development projects; and
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any recommendations of the Secretary relating to including municipal water supply and water conservation as a primary mission of the Corps of Engineers.
removed
Definition— In this section, the term PFAS means a perfluoroalkyl substance or polyfluoroalkyl substance with at least one fully fluorinated carbon atom.
Sec. 222 PFAS review and inventory at Corps facilities
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Inventory of PFAS at Corps facilities—
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In general— Not later than 18 months after the date of enactment of this section, and annually thereafter the Secretary shall complete an inventory of Corps of Engineers civil works facilities that are or may be contaminated, or could become contaminated, by PFAS.
added
Contents of inventory— In carrying out this subsection, the Secretary shall review and identify—
added
all facilities owned or operated by the Corps of Engineers, for which there is a civil works function, that are or may be contaminated, or could become contaminated, by PFAS;
added
the nature and extent of any such contamination or potential for contamination, including any potential pathways for human exposure to PFAS;
added
response measures taken to monitor, control, remove, or remediate PFAS, or otherwise reduce the risk of human exposure to PFAS;
added
for facilities identified under subparagraph (A), the extent to which such facilities (or any such contamination or potential for contamination at such facilities) are related to the civil works functions of the Corps of Engineers;
added
the extent to which the Secretary, or other entities, may have responsibility for such contamination or potential for contamination; and
added
for facilities identified under subparagraph (A), the costs to remediate and reduce the risk of human exposure to PFAS.
added
Coordination with other Federal agencies— To the maximum extent practicable, the actions taken under this subsection shall supplement and support work undertaken by other Federal agencies, including actions taken pursuant to the plan published by the Administrator of the Environmental Protection Agency, titled “EPA’s Per- and Polyfluoroalkyl Substances (PFAS) Action Plan” and dated February 2019.
added
Report to Congress— Upon completion of the inventory under paragraph (1), and annually thereafter concurrent with the President’s annual budget request to Congress, the Secretary shall submit the inventory to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate.
added
PFAS Technology Research—
added
Research support— The Secretary, acting through the Hazardous Waste Research Center located at the Engineer Research and Development Center, shall, to the maximum extent practicable, support the efforts of other Federal agencies in the development of innovative technologies and methodologies for the detection, treatment, and cleanup of PFAS associated with Federal facilities, including groundwater associated with such facilities.
added
Duplication of efforts— Nothing in this subsection is intended to duplicate the activities undertaken by other Federal agencies as identified in subsection (a)(3).
removed
No later than 18 months after the date of enactment of this Act, 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 that contains—
removed
an inventory of all recreational infrastructure and facilities associated with water resources development projects;
changed
Definition— an assessment of In this section, the annual operation and maintenance needs associated term PFAS means a perfluoroalkyl substance or polyfluoroalkyl substance with such infrastructure and facilities;at least one fully fluorinated carbon atom.
removed
an assessment of deferred operation and maintenance needs for such infrastructure and facilities to operate safely at full capacity; and
removed
an assessment of the economic benefits of recreation to local and regional economies and benefits of sustaining and improving public access at recreational infrastructure and facilities.
Sec. 223 Report on recreational facilities
addedadded No later than 18 months after the date of enactment of this Act, 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 that contains—
added
an inventory of all recreational infrastructure and facilities associated with water resources development projects;
added
an assessment of the annual operation and maintenance needs associated with such infrastructure and facilities;
added
an assessment of deferred operation and maintenance needs for such infrastructure and facilities to operate safely at full capacity; and
added
an assessment of the economic benefits of recreation to local and regional economies and benefits of sustaining and improving public access at recreational infrastructure and facilities.
Sec. 306 Rehabilitation of Corps of Engineers constructed dams
added Section 1177 of the Water Resources Development Act of 2016 (33 U.S.C. 467f–2 note) is amended—
removed
In general— Section 510 of the Water Resources Development Act of 1996 (Public Law 104–303, 110 Stat. 3759; 121 Stat. 1202; 128 Stat. 1317) is amended—
removed
by redesignating subsection (h) as subsection (i) and inserting after subsection (g) the following:
removed
“(h) Project cap—The total cost of a project carried out under this section may not exceed $15,000,000.”
removed
in subsection (i) (as so redesignated), by striking “$40,000,000” and inserting “$60,000,000”.
changed
Outreach and training— The Secretary shall conduct public outreach and workshops for non-Federal interests to provide information on the Chesapeake Bay environmental restoration and protection program established under section 510 of the Water Resources Development Act of 1996, including how to participate in the program.subsection (e), by striking “$40,000,000” and inserting “$60,000,000”; and
added
in subsection (f), by striking “$40,000,000” and inserting “$60,000,000”.
Sec. 307 Chesapeake Bay Environmental Restoration and Protection Program
added
In general— Section 510 of the Water Resources Development Act of 1996 (Public Law 104–303, 110 Stat. 3759; 121 Stat. 1202; 128 Stat. 1317) is amended—
added
by redesignating subsection (h) as subsection (i) and inserting after subsection (g) the following:
added “(h) Project cap—The total cost of a project carried out under this section may not exceed $15,000,000.”
added
in subsection (i) (as so redesignated), by striking “$40,000,000” and inserting “$60,000,000”.
added
Outreach and training— The Secretary shall conduct public outreach and workshops for non-Federal interests to provide information on the Chesapeake Bay environmental restoration and protection program established under section 510 of the Water Resources Development Act of 1996, including how to participate in the program.
removed
Section 1103(e)(3) of the Water Resources Development Act of 1986 (33 U.S.C. 652(e)(3)) is amended by striking “$22,750,000” and inserting “$40,000,000”.
Sec. 308 Upper Mississippi River System Environmental Management Program
changed
Any Federal funds, regardless of the account from which the funds were provided, used to carry out construction of the modification to the McClellan-Kerr Arkansas River Navigation System, authorized in section 136 Section 1103(e) of the Energy and Water Resources Development Appropriations Act, 2004 (117 Stat. 1842), shall be considered by the Secretary as initiating construction Act of the project such that future funds will not require a new investment decision.1986 (33 U.S.C. 652(e)) is amended—
added
in paragraph (3), by striking “$22,750,000” and inserting “$40,000,000”; and
added
in paragraph (4), by striking “$10,420,000” and inserting “$15,000,000”.
Sec. 309 McClellan-Kerr Arkansas River Navigation System
changed
The project for navigation, Ouachita-Black River, Arkansas, Any Federal funds, regardless of the account from which the funds were provided, used to carry out construction of the modification to the McClellan-Kerr Arkansas River Navigation System, authorized by in section 101 136 of the River Energy and Harbor Act of 1960 (Public Law 86–645), is modified to include water supply as a project purpose, subject to completion Water Development Appropriations Act, 2004 (117 Stat. 1842), shall be considered by the Secretary as initiating construction of a feasibility study and any other review necessary for the project such modification.that future funds will not require a new investment decision.
Sec. 310 Ouachita-Black River Navigation Project, Arkansas
changed
The portion of project for flood control, Sacramento navigation, Ouachita-Black River, California, Arkansas, authorized by section 2 101 of the River and Harbor Act of March 1, 1917 (chapter 144, 39 Stat. 949; 103 Stat. 649; 110 Stat. 3709; 112 Stat. 1841; 113 Stat. 299), consisting of a riverbed gradient restoration facility at the Glenn-Colusa Irrigation District Intake, 1960 (Public Law 86–645), is no longer authorized beginning on modified to include water supply as a project purpose, subject to completion by the date of enactment Secretary of this Act.a feasibility study and any other review necessary for such modification.
Sec. 311 Sacramento River, Glenn-Colusa, California
added The portion of project for flood control, Sacramento River, California, authorized by section 2 of the Act of March 1, 1917 (chapter 144, 39 Stat. 949; 103 Stat. 649; 110 Stat. 3709; 112 Stat. 1841; 113 Stat. 299), consisting of a riverbed gradient restoration facility at the Glenn-Colusa Irrigation District Intake, is no longer authorized beginning on the date of enactment of this Act.
removed
Sense of Congress— It is the sense of Congress that the Secretary, when evaluating alternative locations for construction of a permanent Isabella Lake Visitor Center by the Corps of Engineers to replace the facility impacted by the Isabella Dam safety modification project, should afford substantial weight to the site preference of the local community.
removed
Authority— The Secretary may acquire such interests in real property as the Secretary determines necessary or advisable to support construction of the Isabella Dam safety modification project.
removed
Transfer— The Secretary may transfer any real property interests acquired under subsection (b) to any other Federal agency or department without reimbursement.
removed
Isabella dam safety modification project defined— In this section, the term Isabella Dam safety modification project means the dam safety modification project at the Isabella Reservoir in the San Joaquin Valley, California (authorized by Act of December 22, 1944 (chapter 665, 58 Stat. 901)), including the component of the project relating to construction a visitor center facility.
Sec. 312 Lake Isabella, California
added
Sense of Congress— It is the sense of Congress that the Secretary, when evaluating alternative locations for construction of a permanent Isabella Lake Visitor Center by the Corps of Engineers to replace the facility impacted by the Isabella Dam safety modification project, should afford substantial weight to the site preference of the local community.
removed
The Secretary shall align the schedules of, and maximize complimentary efforts, minimize duplicative practices, and ensure coordination and information sharing with respect to—
changed
Authority— The Secretary may acquire such interests in real property as the project for flood risk management, Lower San Joaquin River, authorized by section 1401(2) Secretary determines necessary or advisable to support construction of the Water Resources Development Act of 2018 (132 Stat. 3836); andIsabella Dam safety modification project.
changed
Transfer— the second phase of the feasibility study for the Lower San Joaquin River project for flood risk management, authorized for expedited completion by section 1203(a)(7) of the Water Resources Development Act 2018 (132 Stat. 3803).The Secretary may transfer any real property interests acquired under subsection (b) to any other Federal agency or department without reimbursement.
added
Isabella dam safety modification project defined— In this section, the term Isabella Dam safety modification project means the dam safety modification project at the Isabella Reservoir in the San Joaquin Valley, California (authorized by Act of December 22, 1944 (chapter 665, 58 Stat. 901)), including the component of the project relating to construction a visitor center facility.
Sec. 313 Lower San Joaquin River flood control project
changed
The portion of Secretary shall align the project for flood control schedules of, and navigation, San Diego River maximize complimentary efforts, minimize duplicative practices, and Mission Bay, San Diego County, California, authorized by the Act of July 24, 1946 (chapter 595, 60 Stat. 636), identified in the National Levee Database established under section 9004 of the Water Resources Development Act of 2007 (33 U.S.C. 3303) as the San Diego River 3 segment ensure coordination and consisting of a 785-foot-long segment of the right bank levee from Station 209+41.75 to its end at Station 217+26.75, as described in construction plans dated August 30, 1951, is no longer authorized beginning on the date of enactment of this Act.information sharing with respect to—
added
the project for flood risk management, Lower San Joaquin River, authorized by section 1401(2) of the Water Resources Development Act of 2018 (132 Stat. 3836); and
added
the second phase of the feasibility study for the Lower San Joaquin River project for flood risk management, authorized for expedited completion by section 1203(a)(7) of the Water Resources Development Act 2018 (132 Stat. 3803).
Sec. 314 San Diego River and Mission Bay, San Diego County, California
added The portion of the project for flood control and navigation, San Diego River and Mission Bay, San Diego County, California, authorized by the Act of July 24, 1946 (chapter 595, 60 Stat. 636), identified in the National Levee Database established under section 9004 of the Water Resources Development Act of 2007 (33 U.S.C. 3303) as the San Diego River 3 segment and consisting of a 785-foot-long segment of the right bank levee from Station 209+41.75 to its end at Station 217+26.75, as described in construction plans dated August 30, 1951, is no longer authorized beginning on the date of enactment of this Act.
removed
In general— Section 114 of the River and Harbor Act of 1968 (33 U.S.C. 59h) is amended to read as follows:
removed
“114. San Francisco, California, Waterfront Area
removed
“(a) Area To be declared nonnavigable—The following area is declared to be nonnavigable waters of the United States: All of that portion of the City and County of San Francisco, California, lying shoreward of a line beginning at the intersection of the southerly right of way line of Earl Street prolongation with the Pierhead United States Government Pierhead line, the Pierhead line as defined in the State of California Harbor and Navigation Code Section 1770, as amended in 1961; thence northerly along said Pierhead line to its intersection with a line parallel with and distant 10 feet easterly from, the existing easterly boundary line of Pier 30–32; thence northerly along said parallel line and its northerly prolongation, to a point of intersection with a line parallel with, and distant 10 feet northerly from, the existing northerly boundary of Pier 30–32; thence westerly along last said parallel line to its intersection with said Pierhead line; thence northerly along said Pierhead line, to the intersection of the easterly right of way line of Van Ness Avenue, formerly Marlette Street, prolongation to the Pierhead line.
removed
“(b) Requirement that area be improved—The declaration of nonnavigability under subsection (a) applies only to those parts of the area described in subsection (a) that are or will be bulkheaded, filled, or otherwise occupied or covered by permanent structures and does not affect the applicability of any Federal statute or regulation that relates to filling of navigable waters or to other regulated activities within the area described in subsection (a), including sections 9 and 10 of the Act of March 3, 1899 (33 U.S.C. 401, 403), section 404 of the Federal Water Pollution Control Act, and the National Environmental Policy Act of 1969.
removed
“(c) Inclusion of Embarcadero Historic District—Congress finds and declares that the area described in subsection (a) contains the seawall, piers, and wharves that comprise the Embarcadero Historic District listed on the National Register of Historic Places on May 12, 2006.”
removed
Conforming amendment— Section 5052 of the Water Resources Development Act of 2007 (33 U.S.C. 59h–1) is repealed.
Sec. 315 San Francisco, California, Waterfront Area
added
In general— Section 114 of the River and Harbor Act of 1968 (33 U.S.C. 59h) is amended to read as follows:
added “114. San Francisco, California, Waterfront Area
added “(a) Area To be declared nonnavigable—The following area is declared to be nonnavigable waters of the United States: All of that portion of the City and County of San Francisco, California, lying shoreward of a line beginning at the intersection of the southerly right of way line of Earl Street prolongation with the Pierhead United States Government Pierhead line, the Pierhead line as defined in the State of California Harbor and Navigation Code Section 1770, as amended in 1961; thence northerly along said Pierhead line to its intersection with a line parallel with and distant 10 feet easterly from, the existing easterly boundary line of Pier 30–32; thence northerly along said parallel line and its northerly prolongation, to a point of intersection with a line parallel with, and distant 10 feet northerly from, the existing northerly boundary of Pier 30–32; thence westerly along last said parallel line to its intersection with said Pierhead line; thence northerly along said Pierhead line, to the intersection of the easterly right of way line of Van Ness Avenue, formerly Marlette Street, prolongation to the Pierhead line.
added “(b) Requirement that area be improved—The declaration of nonnavigability under subsection (a) applies only to those parts of the area described in subsection (a) that are or will be bulkheaded, filled, or otherwise occupied or covered by permanent structures and does not affect the applicability of any Federal statute or regulation that relates to filling of navigable waters or to other regulated activities within the area described in subsection (a), including sections 9 and 10 of the Act of March 3, 1899 (33 U.S.C. 401, 403), section 404 of the Federal Water Pollution Control Act, and the National Environmental Policy Act of 1969.
added “(c) Inclusion of Embarcadero Historic District—Congress finds and declares that the area described in subsection (a) contains the seawall, piers, and wharves that comprise the Embarcadero Historic District listed on the National Register of Historic Places on May 12, 2006.”
added
Conforming amendment— Section 5052 of the Water Resources Development Act of 2007 (33 U.S.C. 59h–1) is repealed.
removed
The portion of the project for flood protection on the Sacramento River, authorized by section 2 of the of March 1, 1917 (chapter 144, 39 Stat. 949; 45 Stat. 539; 50 Stat. 877; 55 Stat. 647; 80 Stat. 1422), consisting of the portion of the levee from GPS coordinate N2147673.584 E6690904.187 to N2147908.413 E6689057.060 associated with the Western Pacific Interceptor Canal, is no longer authorized beginning on the date of the enactment of this Act.
Sec. 316 Western Pacific Interceptor Canal, Sacramento River, California
changed
Section 5056(f) The portion of the Water Resources Development Act project for flood protection on the Sacramento River, authorized by section 2 of 2007 (Public Law 110–114, 121 the of March 1, 1917 (chapter 144, 39 Stat. 1213; 128 949; 45 Stat. 1314) 539; 50 Stat. 877; 55 Stat. 647; 80 Stat. 1422), consisting of the portion of the levee from GPS coordinate N2147673.584 E6690904.187 to N2147908.413 E6689057.060 associated with the Western Pacific Interceptor Canal, is amended by striking “2019” and inserting “2029”.no longer authorized beginning on the date of the enactment of this Act.
Sec. 317 Rio Grande Environmental Management Program, Colorado, New Mexico, and Texas
added Section 5056(f) of the Water Resources Development Act of 2007 (Public Law 110–114, 121 Stat. 1213; 128 Stat. 1314) is amended by striking “2019” and inserting “2029”.
removed
In general— The portion of the project for navigation, New London Harbor, Connecticut, authorized by the first section of the Act of June 13, 1902 (chapter 1079, 32 Stat. 333), described in subsection (b) is no longer authorized beginning on the date of enactment of this Act.
removed
Area described— The area referred to in subsection (a) is generally the portion between and around the 2 piers at the State Pier in New London, specifically the area—
removed
beginning at a point N691263.78, E1181259.26;
removed
running N 35°01’50.75” W about 955.59 feet to a point N692046.26, E1180710.74;
removed
running N 54°58’06.78” E about 100.00 feet to a point N692103.66, E1180792.62;
removed
running S 35°01’50.75” E about 989.8 feet to a point N691293.17, E1181360.78; and
removed
running S 73°51’15.45” W about 105.69 feet to the point described in paragraph (1).
Sec. 318 New London Harbor Waterfront Channel, Connecticut
added
In general— The portion of the project for navigation, New London Harbor, Connecticut, authorized by the first section of the Act of June 13, 1902 (chapter 1079, 32 Stat. 333), described in subsection (b) is no longer authorized beginning on the date of enactment of this Act.
removed
Beginning on the date of enactment of this Act, the project for navigation, Washington Harbor, District of Columbia, authorized by the Act of August 30, 1935 (chapter 831, 49 Stat. 1031), is modified to reduce, in part, the authorized dimensions of the project, such that the remaining authorized dimensions are as follows:
changed
Area described— A 200 foot wide, 15 foot deep channel with a center line beginning at a point East 1,317,064.30 and North 440,373.32, thence to a point East 1,316,474.30 and North 440,028.31, thence to a point East 1,315,584.30 and North 439,388.30, thence The area referred to a point East 1,315,259.31 in subsection (a) is generally the portion between and North 438,908.30.around the 2 piers at the State Pier in New London, specifically the area—
added
beginning at a point N691263.78, E1181259.26;
added
running N 35°01’50.75” W about 955.59 feet to a point N692046.26, E1180710.74;
added
running N 54°58’06.78” E about 100.00 feet to a point N692103.66, E1180792.62;
added
running S 35°01’50.75” E about 989.8 feet to a point N691293.17, E1181360.78; and
added
running S 73°51’15.45” W about 105.69 feet to the point described in paragraph (1).
removed
A transition area 200 foot wide to 300 foot wide, 15 foot deep, with a center line beginning at a point East 1,315,259.31 and North 438,908.30 to a point East 1,315,044.31 and North 438,748.30.
removed
A 300 foot wide, 15 foot deep channel with a centerline beginning a point East 1,315,044.31 and North 438,748.30, thence to a point East 1,314,105.31 and North 438,124.79, thence to a point East 1,311,973.30 and North 438,807.78, thence to a point East 1,311,369.73 and North 438,577.42, thence to a point East 1,311,015.73 and North 438,197.57, thence to a point East 1,309,713.47 and North 435,678.91.
removed
A transition area 300 foot wide to 400 foot wide, 15 foot deep to 24 foot deep, with a center line beginning at a point East 1,309,713.47 and North 435,678.91 to a point East 1,307,709.33 and North 434,488.25.
removed
A 400 foot wide, 24 foot deep channel with a centerline beginning at a point East 1,307,709.33 and North 434,488.25, thence to a point East 1,307,459.33 and North 434,173.25, thence to a point East 1,306,476.82 and North 1,306,476.82, thence to a point East 1,306,209.79 and North 431,460.21, thence to a point at the end of the channel near Hains Point East 1,305,997.63 and North 429,978.31.
Sec. 319 Washington Harbor, District of Columbia
changed
The Beginning on the date of enactment of this Act, the project for ecosystem restoration, Central Everglades, navigation, Washington Harbor, District of Columbia, authorized by section 1401(4) of the Water Resources Development Act of 2016 (130 August 30, 1935 (chapter 831, 49 Stat. 1713), 1031), is modified to include reduce, in part, the project for ecosystem restoration, Central and Southern Florida, Everglades Agricultural Area, authorized by section 1308 of the Water Resources Development Act dimensions of 2018 (132 Stat. 3819), and to authorize the Secretary to carry out project, such that the project remaining authorized dimensions are as so combined.follows:
added
A 200 foot wide, 15 foot deep channel with a center line beginning at a point East 1,317,064.30 and North 440,373.32, thence to a point East 1,316,474.30 and North 440,028.31, thence to a point East 1,315,584.30 and North 439,388.30, thence to a point East 1,315,259.31 and North 438,908.30.
added
A transition area 200 foot wide to 300 foot wide, 15 foot deep, with a center line beginning at a point East 1,315,259.31 and North 438,908.30 to a point East 1,315,044.31 and North 438,748.30.
added
A 300 foot wide, 15 foot deep channel with a centerline beginning a point East 1,315,044.31 and North 438,748.30, thence to a point East 1,314,105.31 and North 438,124.79, thence to a point East 1,311,973.30 and North 438,807.78, thence to a point East 1,311,369.73 and North 438,577.42, thence to a point East 1,311,015.73 and North 438,197.57, thence to a point East 1,309,713.47 and North 435,678.91.
added
A transition area 300 foot wide to 400 foot wide, 15 foot deep to 24 foot deep, with a center line beginning at a point East 1,309,713.47 and North 435,678.91 to a point East 1,307,709.33 and North 434,488.25.
added
A 400 foot wide, 24 foot deep channel with a centerline beginning at a point East 1,307,709.33 and North 434,488.25, thence to a point East 1,307,459.33 and North 434,173.25, thence to a point East 1,306,476.82 and North 1,306,476.82, thence to a point East 1,306,209.79 and North 431,460.21, thence to a point at the end of the channel near Hains Point East 1,305,997.63 and North 429,978.31.
Sec. 320 Big Cypress Seminole Indian Reservation Water Conservation Plan, Florida
changed
The portion of the project for navigation, Miami River, ecosystem restoration, Big Cypress Seminole Indian Reservation Water Conservation Plan, Florida, authorized by pursuant to section 528 of the Water Resources Development Act of July 3, 1930 (46 Stat. 925; 59 Stat. 16; 74 Stat. 481; 100 1996 (110 Stat. 4257), beginning at the existing railroad bascule bridge and extending approximately 1,000 linear feet upstream to an existing salinity barrier and flood control structure, 3767), is no longer authorized beginning on the date of enactment of this Act.
Sec. 321 Central Everglades, Florida
changed
The portions project for ecosystem restoration, Central Everglades, authorized by section 1401(4) of the Water Resources Development Act of 2016 (130 Stat. 1713), is modified to include the project for flood control and other purposes, ecosystem restoration, Central and Southern Florida, Everglades Agricultural Area, authorized by section 203 1308 of the Flood Control Water Resources Development Act of 1948 (62 2018 (132 Stat. 1176), consisting of the Taylor Creek Reservoir 3819), and Levee L–73, Section 1, within to authorize the Upper St. Johns River Basin, Florida, are no longer authorized beginning on Secretary to carry out the date of enactment of this Act.project as so combined.
Sec. 322 Miami River, Florida
changed
Not later than 120 days after the date of enactment The portion of this Act, the Secretary shall provide to the Committee on Transportation and Infrastructure of project for navigation, Miami River, Florida, authorized by the House Act of Representatives and July 3, 1930 (46 Stat. 925; 59 Stat. 16; 74 Stat. 481; 100 Stat. 4257), beginning at the Committee on Environment existing railroad bascule bridge and Public Works of the Senate a report on plans extending approximately 1,000 linear feet upstream to modify the Calcasieu River and Pass Dredged Material Management Plan an existing salinity barrier and Supplemental Environmental Impact Statement (December 16, 2010 DMMP/SEIS) to allow for flood control structure, is no longer authorized beginning on the expansion date of Dredged Material Placement Facilities (DMPFs) 17, 19, 22, D, and E to the lakeside foreshore rock boundaries during planned rehabilitation enactment of these facilities.this Act.
Sec. 323 Julian Keen, Jr. Lock and Dam, Moore Haven, Florida
changed
Abiquiu reservoir—Designation— Section 5(b) of Public Law 97–140 (43 U.S.C. 620a note) is amended by striking “a total The Moore Haven Lock and Dam, Moore Haven, Florida, authorized pursuant to the Act of two hundred thousand acre-feet of”.August 30, 1935 (chapter 831, 49 Stat. 1032), shall hereafter be known and designated as the “Julian Keen, Jr. Lock and Dam”.
changed
Water storage at Abiquiu Dam, New Mexico—References— Section 1 Any reference in a law, map, regulation, document, paper, or other record of Public Law 100–522 (43 U.S.C. 620a note) is amended—the United States to the Lock and Dam referred to in subsection (a) shall be deemed to be a reference to the “Julian Keen, Jr. Lock and Dam”.
removed
by striking “200,000 acre-feet of”;
removed
by inserting “and San Juan-Chama project” after “Rio Grande system”; and
removed
by striking “, in lieu of the water storage authorized by section 5 of Public Law 97–140, to the extent that contracting entities under section 5 of Public Law 97–140 no longer require such storage”.
removed
Water storage— The Secretary shall—
removed
store up to elevation 6230.00 NGVD29 at Abiquiu Dam, New Mexico, to the extent that the necessary real property interests have been acquired by any entity requesting such storage; and
removed
amend the March 20, 1986, contract between the United States of America and the Albuquerque Bernalillo County Water Utility Authority (assigned by the City of Albuquerque, New Mexico to the Albuquerque Bernalillo County Water Utility Authority) for water storage space in Abiquiu Reservoir to allow for storage by the Albuquerque Bernalillo County Water Utility Authority of San Juan-Chama project water or native Rio Grande system water up to elevation 6230.00 NGVD29.
removed
Storage agreements with users other than the Albuquerque Bernalillo County Water Utility Authority— The Secretary shall—
removed
retain or enter into new agreements with entities for a proportionate allocation of 29,100 acre-feet of storage space pursuant to section 5 of Public Law 97–140; and
removed
amend or enter into new storage agreements for storage of San Juan-Chama project water or native Rio Grande system water up to the space allocated for each entity’s proportionate share of San Juan-Chama water.
removed
Operations documents— The Secretary shall amend or revise any existing operations documents, including the Water Control Manual or operations plan for Abiquiu Reservoir, as necessary to meet the requirements of this section.
removed
Limitations— In carrying out this section, the following limitations shall apply:
removed
The storage of native Rio Grande system water shall be subject to the provisions of the Rio Grande Compact and the resolutions of the Rio Grande Compact Commission.
removed
The storage of native Rio Grande system water shall only be authorized to the extent that the necessary water ownership and storage rights have been acquired by the entity requesting such storage.
removed
The storage of native Rio Grande system water or San-Juan Chama project water shall not interfere with the authorized purposes of the Abiquiu Dam and Reservoir project.
removed
Each user of storage space, regardless of source of water, shall pay for any increase in costs attributable to storage of that user’s water.
Sec. 324 Taylor Creek Reservoir and Levee L–73 (Section 1), Upper St. Johns River Basin, Florida
changed
Beginning on the date of enactment of this Act, that portion The portions of the project for navigation, Pawcatuck River, Little Narragansett Bay flood control and Watch Hill Cove, Rhode Island other purposes, Central and Connecticut, Southern Florida, authorized by section 2 203 of the Flood Control Act of March 2, 1945 (chapter 19, 59 1948 (62 Stat. 13), 1176), consisting of a 10-foot deep, 16-acre anchorage area in Watch Hill Cove is the Taylor Creek Reservoir and Levee L–73, Section 1, within the Upper St. Johns River Basin, Florida, are no longer authorized.authorized beginning on the date of enactment of this Act.
Sec. 325 Calcasieu River and Pass, Louisiana
changed
Section 575 Not later than 120 days after the date of enactment of this Act, the Water Resources Development Act Secretary shall provide to the Committee on Transportation and Infrastructure of 1996 (110 Stat. 3789) is repealed.the House of Representatives and the Committee on Environment and Public Works of the Senate a report on plans to modify the Calcasieu River and Pass Dredged Material Management Plan and Supplemental Environmental Impact Statement (December 16, 2010 DMMP/SEIS) to allow for the expansion of Dredged Material Placement Facilities (DMPFs) 17, 19, 22, D, and E to the lakeside foreshore rock boundaries during planned rehabilitation of these facilities.
Sec. 326 San Juan-Chama project; Abiquiu Dam, New Mexico
added
Abiquiu reservoir— Section 5(b) of Public Law 97–140 (43 U.S.C. 620a note) is amended by striking “a total of two hundred thousand acre-feet of”.
added
Water storage at Abiquiu Dam, New Mexico— Section 1 of Public Law 100–522 (43 U.S.C. 620a note) is amended—
added
by striking “200,000 acre-feet of”;
added
by inserting “and San Juan-Chama project” after “Rio Grande system”; and
added
by striking “, in lieu of the water storage authorized by section 5 of Public Law 97–140, to the extent that contracting entities under section 5 of Public Law 97–140 no longer require such storage”.
added
Water storage— The Secretary shall—
added
store up to elevation 6230.00 NGVD29 at Abiquiu Dam, New Mexico, to the extent that the necessary real property interests have been acquired by any entity requesting such storage; and
added
amend the March 20, 1986, contract between the United States of America and the Albuquerque Bernalillo County Water Utility Authority (assigned by the City of Albuquerque, New Mexico to the Albuquerque Bernalillo County Water Utility Authority) for water storage space in Abiquiu Reservoir to allow for storage by the Albuquerque Bernalillo County Water Utility Authority of San Juan-Chama project water or native Rio Grande system water up to elevation 6230.00 NGVD29.
added
Storage agreements with users other than the Albuquerque Bernalillo County Water Utility Authority— The Secretary shall—
added
retain or enter into new agreements with entities for a proportionate allocation of 29,100 acre-feet of storage space pursuant to section 5 of Public Law 97–140; and
added
amend or enter into new storage agreements for storage of San Juan-Chama project water or native Rio Grande system water up to the space allocated for each entity’s proportionate share of San Juan-Chama water.
added
Operations documents— The Secretary shall amend or revise any existing operations documents, including the Water Control Manual or operations plan for Abiquiu Reservoir, as necessary to meet the requirements of this section.
added
Limitations— In carrying out this section, the following limitations shall apply:
added
The storage of native Rio Grande system water shall be subject to the provisions of the Rio Grande Compact and the resolutions of the Rio Grande Compact Commission.
added
The storage of native Rio Grande system water shall only be authorized to the extent that the necessary water ownership and storage rights have been acquired by the entity requesting such storage.
added
The storage of native Rio Grande system water or San-Juan Chama project water shall not interfere with the authorized purposes of the Abiquiu Dam and Reservoir project.
added
Each user of storage space, regardless of source of water, shall pay for any increase in costs attributable to storage of that user’s water.
removed
Beginning on the date of enactment of this Act, the project for navigation, Cap Sante Waterway and Navigation Channel, Skagit County, Washington, authorized by the Act of March 2, 1919 (chapter 95, 40 Stat. 1285), is modified to deauthorize the portion of the project consisting of an approximately 334,434 foot area of the Federal channel within Anacortes Harbor inside and directly adjacent to the Federal breakwater and training wall structure, starting at a point with coordinates N557015.552, E1210819.619, thence running S88 13’2.06”E approximately 200 feet to a point with coordinates N557009.330, E1211019.522, thence running S01 46’58.08”W approximately 578 feet to a point with coordinates N556431.405, E1211001.534, thence running S49 49’50.23”W approximately 69 feet to a point with coordinates N556387.076, E1210949.002, thence running S51 53’0.25”E approximately 35 feet to a point with coordinates N556365.662, E1210976.316, thence running S49 38’58.48”W approximately 112 feet to a point with coordinates N556292.989, E1210890.775, thence running N88 13’1.87”W approximately 109 feet to a point with coordinates N556296.367, E1210782.226, thence running S46 46’58.97”W approximately 141 feet to a point with coordinates N556199.527, E1210679.164, thence running N88 13’1.77”W approximately 700 feet to a point with coordinates N556221.305, E1209979.502, thence running N01 46’58.08”E approximately 250 feet to a point with coordinates N556471.184, E1209987.280, thence running S88 13’1.77”E approximately 815 feet to a point with coordinates N556445.828, E1210801.886, thence running N01 46’58.08”E approximately 570 feet to the point of origin.
Sec. 327 Pawcatuck River, Little Narragansett Bay and Watch Hill Cove, Rhode Island and Connecticut
changed
The Secretary shall expedite the activities required to be carried out under section 204 of Beginning on the Water Resources Development Act date of 1992 (33 U.S.C. 2326) regarding the use enactment of improvement dredging this Act, that portion of the Portsmouth Federal navigation project in Portsmouth, New Hampshire, as a source for navigation, Pawcatuck River, Little Narragansett Bay and Watch Hill Cove, Rhode Island and Connecticut, authorized by section 2 of clean beach fill material to reinforce the stone revetment at Nantasket Beach, Hull, Massachusetts.Act of March 2, 1945 (chapter 19, 59 Stat. 13), consisting of a 10-foot deep, 16-acre anchorage area in Watch Hill Cove is no longer authorized.
Sec. 328 Harris County, Texas
added Section 575 of the Water Resources Development Act of 1996 (110 Stat. 3789) is repealed.
removed
Consistency with reports— Congress finds that the project modifications described in this section are in accordance with the reports submitted to Congress by the Secretary under section 7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d), titled “Report to Congress on Future Water Resources Development”, or have otherwise been reviewed by Congress.
removed
Modifications—
removed
Sacramento area, California— Section 219(f)(23) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 117 Stat. 1840) is amended to read as follows:
removed
“(23) Sacramento area, California—$45,000,000 for regional water conservation, recycling, reliability, and resiliency projects in Placer, El Dorado, and Sacramento Counties and the San Juan Suburban Water District, California.”
removed
South Perris, California— Section 219(f)(52) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 114 Stat. 2763A–220) is amended by striking “$25,000,000” and inserting “$50,000,000”.
removed
Madison and St. Clair Counties, Illinois— Section 219(f)(55) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 335; 114 Stat. 2763A–221) is amended by striking “$10,000,000” and inserting “$45,000,000”.
removed
Southern and eastern Kentucky— Section 531 of the Water Resources Development Act of 1996 (110 Stat. 3773; 113 Stat. 348; 117 Stat. 142; 121 Stat. 1226) is amended—
removed
in subsection (g), by inserting “Boyd, Carter, Elliott, Lincoln,” after “Lee,”; and
removed
in subsection (h), by striking “$40,000,000” and inserting “$80,000,000”.
removed
DeSoto County, Mississippi— Section 219(f)(30) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 114 Stat. 2763A–220; 119 Stat. 282; 119 Stat. 2257; 122 Stat. 1623) is amended by striking “$75,000,000” and inserting “$130,000,000”.
removed
Jackson County, Mississippi— Section 219(e)(1) of the Water Resources Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 1494; 121 Stat. 1258) is amended by striking “$32,500,000” and inserting “$57,500,000”.
removed
St. Louis, Missouri— Section 219(f)(32) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 337; 121 Stat. 1233) is amended by striking “$35,000,000” and inserting “$70,000,000”.
removed
Midwest City, Oklahoma— Section 219(f)(231) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 121 Stat. 1266) is amended by striking “$2,000,000” and inserting “$5,000,000”.
removed
South central Pennsylvania— Section 313 of the Water Resources Development Act of 1992 (106 Stat. 4845; 109 Stat. 407; 110 Stat. 3723; 113 Stat. 310; 117 Stat. 142; 121 Stat. 1146) is amended—
removed
in subsection (g)(1), by striking “$200,000,000” and inserting “$400,000,000”; and
removed
in subsection (h)(2), by inserting “Beaver, Jefferson,” after “Washington,”.
removed
Lakes Marion and Moultrie, South Carolina— Section 219(f)(25) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 114 Stat. 2763A–220; 117 Stat. 1838; 130 Stat. 1677; 132 Stat. 3818) is amended by striking “$89,550,000” and inserting “$110,000,000”.
removed
El Paso County, Texas— Section 219(f)(269) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 121 Stat. 1268) is amended by striking “$25,000,000” and inserting “$75,000,000”.
removed
Western rural water— Section 595 of the Water Resources Development Act of 1999 (113 Stat. 383; 117 Stat. 139; 117 Stat. 142; 117 Stat. 1836; 118 Stat. 440; 121 Stat. 1219; 123 Stat. 2851; 128 Stat. 1316; 130 Stat. 1681) is amended—
removed
by striking the section heading and inserting “Western rural water.”;
removed
in subsections (b) and (c), by inserting “Arizona,” before “Idaho” each place it appears; and
removed
in subsection (i), by striking “for the period beginning with fiscal year 2001, $435,000,000, to remain available until expended.” and inserting the following: “, to remain available until expended—
removed
“(1) for the period beginning with fiscal year 2001, $435,000,000 for Idaho, Montana, rural Nevada, New Mexico, rural Utah, and Wyoming; and
removed
“(2) $150,000,000 for Arizona.”
removed
Central West Virginia— Section 571(h) of the Water Resources Development Act of 1999 (113 Stat. 371; 121 Stat. 1257) is amended by striking “$20,000,000” and inserting “$40,000,000”.
removed
Southern West Virginia— Section 340(g) of the Water Resources Development Act of 1992 (106 Stat. 4856; 110 Stat. 3727; 113 Stat. 320) is amended by striking “$40,000,000” and inserting “$120,000,000”.
removed
Lowell Creek Tunnel, Seward, Alaska— Section 5032(a)(2) of the Water Resources Development Act of 2007 (Public Law 110–114, 121 Stat. 1205) is amended by striking “15” and inserting “20”.
Sec. 329 Cap Sante Waterway, Washington
added Beginning on the date of enactment of this Act, the project for navigation, Cap Sante Waterway and Navigation Channel, Skagit County, Washington, authorized by the Act of March 2, 1919 (chapter 95, 40 Stat. 1285), is modified to deauthorize the portion of the project consisting of an approximately 334,434 foot area of the Federal channel within Anacortes Harbor inside and directly adjacent to the Federal breakwater and training wall structure, starting at a point with coordinates N557015.552, E1210819.619, thence running S88 13’2.06”E approximately 200 feet to a point with coordinates N557009.330, E1211019.522, thence running S01 46’58.08”W approximately 578 feet to a point with coordinates N556431.405, E1211001.534, thence running S49 49’50.23”W approximately 69 feet to a point with coordinates N556387.076, E1210949.002, thence running S51 53’0.25”E approximately 35 feet to a point with coordinates N556365.662, E1210976.316, thence running S49 38’58.48”W approximately 112 feet to a point with coordinates N556292.989, E1210890.775, thence running N88 13’1.87”W approximately 109 feet to a point with coordinates N556296.367, E1210782.226, thence running S46 46’58.97”W approximately 141 feet to a point with coordinates N556199.527, E1210679.164, thence running N88 13’1.77”W approximately 700 feet to a point with coordinates N556221.305, E1209979.502, thence running N01 46’58.08”E approximately 250 feet to a point with coordinates N556471.184, E1209987.280, thence running S88 13’1.77”E approximately 815 feet to a point with coordinates N556445.828, E1210801.886, thence running N01 46’58.08”E approximately 570 feet to the point of origin.
removed
Water supply— The following project modifications for water supply, as identified in the report entitled “Report to Congress on Future Water Resources Development” dated February 2019, and submitted to Congress on June 3, 2019, 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 recommendations, included in such report pursuant to section 301(c) of the Water Supply Act of 1958 (43 U.S.C. 390b(c)):
removed
The project modification for the State of Missouri, Clarence Cannon Dam and Mark Twain Lake Project Salt River, Missouri.
removed
The project modification for the City of Plattsburg, Smithville Lake, Missouri.
removed
The project modification for the City of Smithville, Smithville Lake, Missouri.
removed
Flood risk management— The following project modifications for flood risk management, as identified in a report entitled “Report to Congress on Future Water Resources Development”, and 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:
removed
Modification of the project for flood risk management, lower Mississippi River, authorized by the Act of May 15, 1928 (chapter 569, 45 Stat. 534), to incorporate the Wolf River Backwater and Nonconnah Creek levee systems into the project, authorized by section 5 of the Act of June 22, 1936 (chapter 688, 49 Stat. 1575; 50 Stat. 881), subject to the determination of the Secretary that such systems meet all requirements applicable to such project.
removed
Modification of the project for flood risk management, Red River below Denison Dam, Arkansas, Louisiana, and Texas, authorized by the Act of June 28, 1938 (chapter 795, 52 Stat. 1219), to incorporate the Cherokee Park Levee into the project, subject to the determination of the Secretary that such levee meets all requirements applicable to such project.
Sec. 330 Regional sediment management
changed
Section 7007(d) The Secretary shall expedite the activities required to be carried out under section 204 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 1992 (33 U.S.C. 2326) regarding the terms use of the deferred payment agreements entered into between the Secretary and the non-Federal interest for improvement dredging of the projects authorized by section 7012(a)(1)” before Portsmouth Federal navigation project in Portsmouth, New Hampshire, as a source of clean beach fill material to reinforce the period stone revetment at the end.Nantasket Beach, Hull, Massachusetts.
Sec. 331 Additional assistance for critical projects
added
Consistency with reports— Congress finds that the project modifications described in this section are in accordance with the reports submitted to Congress by the Secretary under section 7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d), titled “Report to Congress on Future Water Resources Development”, or have otherwise been reviewed by Congress.
added
Modifications—
added
Sacramento area, California— Section 219(f)(23) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 117 Stat. 1840) is amended to read as follows:
added “(23) Sacramento area, California—$45,000,000 for regional water conservation, recycling, reliability, and resiliency projects in Placer, El Dorado, and Sacramento Counties and the San Juan Suburban Water District, California.”
added
South Perris, California— Section 219(f)(52) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 114 Stat. 2763A–220) is amended by striking “$25,000,000” and inserting “$50,000,000”.
added
Madison and St. Clair Counties, Illinois— Section 219(f)(55) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 335; 114 Stat. 2763A–221) is amended by striking “$10,000,000” and inserting “$45,000,000”.
added
Southern and eastern Kentucky— Section 531 of the Water Resources Development Act of 1996 (110 Stat. 3773; 113 Stat. 348; 117 Stat. 142; 121 Stat. 1226) is amended—
added
in subsection (g), by inserting “Boyd, Carter, Elliott, Lincoln,” after “Lee,”; and
added
in subsection (h), by striking “$40,000,000” and inserting “$80,000,000”.
added
DeSoto County, Mississippi— Section 219(f)(30) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 114 Stat. 2763A–220; 119 Stat. 282; 119 Stat. 2257; 122 Stat. 1623) is amended by striking “$75,000,000” and inserting “$130,000,000”.
added
Jackson County, Mississippi— Section 219(e)(1) of the Water Resources Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 1494; 121 Stat. 1258) is amended by striking “$32,500,000” and inserting “$57,500,000”.
added
St. Louis, Missouri— Section 219(f)(32) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 337; 121 Stat. 1233) is amended by striking “$35,000,000” and inserting “$70,000,000”.
added
Midwest City, Oklahoma— Section 219(f)(231) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 121 Stat. 1266) is amended by striking “$2,000,000” and inserting “$5,000,000”.
added
South central Pennsylvania— Section 313 of the Water Resources Development Act of 1992 (106 Stat. 4845; 109 Stat. 407; 110 Stat. 3723; 113 Stat. 310; 117 Stat. 142; 121 Stat. 1146) is amended—
added
in subsection (g)(1), by striking “$200,000,000” and inserting “$400,000,000”; and
added
in subsection (h)(2), by inserting “Beaver, Jefferson,” after “Washington,”.
added
Lakes Marion and Moultrie, South Carolina— Section 219(f)(25) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 114 Stat. 2763A–220; 117 Stat. 1838; 130 Stat. 1677; 132 Stat. 3818) is amended by striking “$89,550,000” and inserting “$110,000,000”.
added
El Paso County, Texas— Section 219(f)(269) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 121 Stat. 1268) is amended by striking “$25,000,000” and inserting “$75,000,000”.
added
Western rural water— Section 595 of the Water Resources Development Act of 1999 (113 Stat. 383; 117 Stat. 139; 117 Stat. 142; 117 Stat. 1836; 118 Stat. 440; 121 Stat. 1219; 123 Stat. 2851; 128 Stat. 1316; 130 Stat. 1681) is amended—
added
by striking the section heading and inserting “Western rural water.”;
added
in subsection (b), by inserting “Arizona,” before “rural Idaho”;
added
in subsection (c), by inserting “Arizona,” before “Idaho”; and
added
in subsection (i), by striking “for the period beginning with fiscal year 2001, $435,000,000, to remain available until expended.” and inserting the following: “, to remain available until expended—
added “(1) for the period beginning with fiscal year 2001, $435,000,000 for Idaho, Montana, rural Nevada, New Mexico, rural Utah, and Wyoming; and
added “(2) $150,000,000 for Arizona.”
added
Central West Virginia— Section 571(h) of the Water Resources Development Act of 1999 (113 Stat. 371; 121 Stat. 1257) is amended by striking “$20,000,000” and inserting “$40,000,000”.
added
Southern West Virginia— Section 340(g) of the Water Resources Development Act of 1992 (106 Stat. 4856; 110 Stat. 3727; 113 Stat. 320) is amended by striking “$40,000,000” and inserting “$120,000,000”.
added
Lowell Creek Tunnel, Seward, Alaska— Section 5032(a)(2) of the Water Resources Development Act of 2007 (Public Law 110–114, 121 Stat. 1205) is amended by striking “15” and inserting “20”.
removed
In general—
removed
Muddy River, Massachusetts— The separable elements for ecosystem restoration of the project for flood damage reduction and environmental restoration, Muddy River, Brookline and Boston, Massachusetts, authorized by section 522 of the Water Resources Development Act of 2000 (114 Stat. 2656), and deauthorized pursuant to section 6001 of the Water Resources Reform and Development Act of 2014 (128 Stat. 1345), are authorized to be carried out by the Secretary, subject to subsection (b).
removed
East Chester Creek, New York— Notwithstanding section 1001 of the Water Resources Development Act of 1986 (33 U.S.C. 579a), the project for navigation, East Chester Creek, New York, authorized by section 101 of the River and Harbor Act of 1950 (64 Stat. 164; 100 Stat. 4181), and deauthorized pursuant to section 1001 of the Water Resources Development Act of 1986 (33 U.S.C. 579(a)), is authorized to be carried out by the Secretary, subject to subsection (b).
removed
Christiansted Harbor, United States Virgin Islands— Notwithstanding section 1002 of the Water Resources Development Act of 1986 (100 Stat. 4221), the portion of the project for navigation, Christiansted Harbor, St. Croix, United States Virgin Islands, authorized by section 101 of the River and Harbor Act of 1950 (64 Stat. 167), and deauthorized under section 1002 of the Water Resources Development Act of 1986 (100 Stat. 4221), is authorized to be carried out by the Secretary, subject to subsection (b).
removed
Charlotte Harbor, United States Virgin Islands— Notwithstanding section 1002 of the Water Resources Development Act of 1986 (100 Stat. 4221), the portion of the project for navigation, Charlotte Amalie (St. Thomas) Harbor, St. Thomas, United States Virgin Islands, authorized by the Act of August 26, 1937 (chapter 832, 50 Stat. 850), and deauthorized under section 1002 of the Water Resources Development Act of 1986 (100 Stat. 4221), is authorized to be carried out by the Secretary, subject to subsection (b).
removed
Report to Congress— The Secretary shall complete and 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 post-authorization change report (as such term is defined in section 1132(d) of the Water Resources Development Act of 2016 (33 U.S.C. 2282e(d)) prior to carrying out a project identified in subsection (a).
Sec. 332 Project modification authorizations
added
Water supply— The following project modifications for water supply, as identified in the report entitled “Report to Congress on Future Water Resources Development” dated February 2019, and submitted to Congress on June 3, 2019, 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 recommendations, included in such report pursuant to section 301(c) of the Water Supply Act of 1958 (43 U.S.C. 390b(c)):
removed
Generally applicable provisions—
removed
Survey to obtain legal description— The exact acreage and the legal description of any real property to be conveyed under this section shall be determined by a survey that is satisfactory to the Secretary.
changed
Applicability of property screening provisions— Section 2696 The project modification for the State of title 10, United States Code, shall not apply to any conveyance under this section.Missouri, Clarence Cannon Dam and Mark Twain Lake Project Salt River, Missouri.
changed
Costs of conveyance— An entity to which a conveyance is made under this section shall be responsible The project modification for all reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with the conveyance.City of Plattsburg, Smithville Lake, Missouri.
changed
Liability— An entity to which a conveyance is made under this section shall hold the United States harmless from any liability with respect to activities carried out, on or after the date of the conveyance, on the real property conveyed. The United States shall remain responsible project modification for any liability with respect to activities carried out, before such date, on the real property conveyed.City of Smithville, Smithville Lake, Missouri.
added
Flood risk management— The following project modifications for flood risk management, as identified in a report entitled “Report to Congress on Future Water Resources Development”, and 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:
removed
Additional terms and conditions— The Secretary may require that any 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.
removed
Eufaula, Alabama—
removed
Conveyance authorized— The Secretary shall convey to the City of Eufaula, Alabama, all right, title, and interest of the United States in and to the real property described in the Department of the Army Lease No. DACW01–2–17–0747, containing 56.76 acres, more or less, and being a part of Tracts L–1268 (26.12 acres), L–1273 (13.71 acres), L–1278 (6.75 acres), and L1279 (10.36 acres) of the Walter F. George Lock and Dam and Lake project.
changed
Deed— The Secretary shall convey Modification of the property under this subsection project for flood risk management, lower Mississippi River, authorized by quitclaim deed under such terms the Act of May 15, 1928 (chapter 569, 45 Stat. 534), to incorporate the Wolf River Backwater and conditions as Nonconnah Creek levee systems into the Secretary determines appropriate project, authorized by section 5 of the Act of June 22, 1936 (chapter 688, 49 Stat. 1575; 50 Stat. 881), subject to protect the interests determination of the United States.Secretary that such systems meet all requirements applicable to such project.
changed
Consideration— The City Modification of Eufaula, Alabama, shall pay to the Secretary an amount that is not less than project for flood risk management, Red River below Denison Dam, Arkansas, Louisiana, and Texas, authorized by the fair market value Act of June 28, 1938 (chapter 795, 52 Stat. 1219), to incorporate the property conveyed under this subsection, as determined by Cherokee Park Levee into the Secretary.project, subject to the determination of the Secretary that such levee meets all requirements applicable to such project.
removed
Montgomery, Alabama—
removed
Conveyance authorized— The Secretary shall convey to the City of Montgomery, Alabama, all right, title, and interest of the United States in and to the real property described in paragraph (2).
removed
Property— The property to be conveyed is the 62.38 acres of land and water under the primary jurisdiction of the Secretary in the R.E. “Bob” Woodruff Project Area that is covered by lease number DACW01–1–05–0037, including the parcels and structure known as “Powder Magazine”.
removed
Deed— The Secretary shall convey the property under this subsection by quitclaim deed under such terms and conditions as the Secretary determines appropriate to protect the interests of the United States, to include retaining the right to inundate with water any land transferred under this subsection.
removed
Consideration— The City of Montgomery, Alabama, shall pay to the Secretary an amount that is not less than the fair market value of the property conveyed under this subsection, as determined by the Secretary.
removed
Ohio River Lock and Dam Number 52, Massac County, Illinois—
removed
Conveyance authorized— The Secretary shall convey to the Massac-Metropolis Port District, Illinois, all right, title, and interest of the United States in and to any real property located north of the south bank of the Ohio River in Massac County, Illinois, that is associated with the Ohio River Lock and Dam 52.
removed
Deed— The Secretary shall convey the property under this subsection by quitclaim deed under such terms and conditions as the Secretary determines appropriate to protect the interests of the United States.
removed
Consideration— The Massac-Metropolis Port District, Illinois, shall pay to the Secretary an amount that is not less than fair market value of the property conveyed under this subsection, as determined by the Secretary.
removed
Clinton, Missouri—
removed
Conveyance authorized— The Secretary shall convey to the City of Clinton, Missouri, without consideration, all right, title, and interest of the United States in and to the real property described in paragraph (2).
removed
Property— The property to be conveyed is a tract of land situated in the S ½ of Section 12 and the N ½ of Section 13, Township 41 North, Range 26 West of the Fifth Principal Meridian, Henry County, Missouri, more particularly described as follows: Beginning at the point of intersection of the north line of said S ½ of Section 12 and the easterly right-of-way of State Highway No. 13; thence easterly along the north line of said S ½ to the northeast corner of the W ½ NW ¼ NE ¼ SW ¼ of said Section 12; thence southerly along the east line of said W ½ NW ¼ NE ¼ SW ¼ to the southeast corner thereof; thence easterly along the north line of the S ½ NE ¼ SW ¼ of said Section 12 to the southwest corner of the W ½ NW ¼ NW ¼ SE ¼ of said Section 12; thence in a northeasterly direction to the northeast corner of said W ½ NW ¼ NW ¼ SE ¼ ; thence easterly along the north line of said S ½ to the westerly right-of-way of the County Road; thence in a southeasterly and southerly direction along the westerly right-of-way of said County Road approximately 2500 feet to the center of Deer Creek; thence in a southwesterly direction along the center of said Deer Creek, approximately 3900 feet to the south line of said N ½ of Section 13; thence westerly along the south line of said N ½ to the easterly right-of-way line of the St. Louis-San Francisco Railroad; thence in a northwesterly direction along the easterly right-of-way of said railroad to the easterly right-of-way of said State Highway No. 13; thence in a northeasterly direction along the easterly right-of-way of said State Highway No. 13 to the point of the beginning; and including a roadway easement for ingress and egress, described as a strip of land 80 feet in width, lying 40 feet on each side of the following described line, the initial extremities of the following described strip being extended or reduced as required to exactly adjoin the boundary lines which they meet, situated in the S ½ of Section 12, Township 41 North Range 26 West of the Fifth Principal Meridian, Henry County, Missouri, more particularly described as follows: Commencing at the center of said Section 12, thence Sl°24’56”W, 1265.52 feet to a point, thence N88°29’02”W, 483.97 feet to the point of beginning of the strip of land herein described; thence in a northeasterly direction along a curve to the right, said curve having an initial tangent bearing of N3°44’4l”E, a radius of 238.73 feet and an interior angle of 61°29’26”, an arc distance of 256.21 feet to a point; thence N65°14’07”E 218.58 feet to a point; thence in a northeasterly direction along a curve to the left, having a radius of 674.07 feet and an interior angle of 36°00’01”, an arc distance of 423.53 feet to a point; thence N29°14’07”E, 417.87 feet to a point; thence northeasterly along a curve to the right, having a radius of 818.51 feet and an interior angle of 14°30’01”, an arc distance of 207.15 feet to a point; thence N43°44’07”E, 57.00 feet to the southerly right-of-way line of a county road, containing 2,948 acres, more or less; Excluding therefrom a tract of land situated in the S ½ of said Section 12, said Township and Range, described as commencing at the center of said Section 12; thence S1°24’56”W, 1265.52 feet to the point of beginning of the tract of land herein described; thence N88°29'02"W, 1122.50 feet; thence S1°43'26"W, 872.62 feet; thence S88°29’02”E, 1337.36 feet; thence Nl°43’26”E, 872.62 feet; thence N88°29’02”W, 214.86 feet to the point of beginning, containing 26.79 acres, more or less. The above described tract contains, in the aggregate, 177.69 acres, more or less.
removed
Deed— The Secretary shall convey the property under this subsection by quitclaim deed under such terms and conditions as the Secretary determines appropriate to protect the interests of the United States.
removed
Reversion— If the Secretary determines that the property conveyed under this subsection is not being used for a public purpose, all right, title, and interest in and to the property shall revert, at the discretion of the Secretary, to the United States.
removed
City of Clinton, Old Orchard Addition, Missouri—
removed
Conveyance Authorized— The Secretary shall convey to the City of Clinton, Missouri, all right, title, and interest of the United States in and to the real property described in paragraph (2).
removed
Property— The property to be conveyed is Lot 28 in Old Orchard Addition, a subdivision of the City of Clinton, Henry County, Missouri, containing 0.36 acres, more or less, including any improvements thereon.
removed
Deed— The Secretary shall convey the property under this subsection by quitclaim deed under such terms and conditions as the Secretary determines appropriate to protect the interests of the United States, including such reservations, terms, and conditions as the Secretary determines necessary to allow the United States to operate and maintain the Harry S. Truman Reservoir Project.
removed
Consideration— The City of Clinton, Missouri, shall pay to the Secretary an amount that is not less than the fair market value of the property conveyed under this subsection, as determined by the Secretary.
removed
Tri-County Levee District, Missouri—
removed
Conveyance authorized— The Secretary shall convey to the Tri-County Levee District, Missouri, all right, title, and interest of the United States in and to the real property described in paragraph (2).
removed
Property— The property to be conveyed is the part of Sections 1 and 12 Township 45 North Range 6 West of the 5th P.M. in Montgomery County, Missouri, described as follows: A tract of land being 60’ wide and lying South and East of and adjoining the centerline of the existing levee and being described as follows: Commencing at the NW corner of Section 12, thence S 87° 52’ 35” E 587.4’, thence S 01° 29’ 25” W 453.68’ to the point of the beginning; said point being in the center of the levee, thence with the centerline of the levee N 77° 01’ 30” E 164.92’, thence N 74° 26’ 55” E 250.0’, thence N 72° 27’ 55” E 270.0’, thence N 69° 06’ 10” E 300.0’, thence N 66° 42’ 15” E 500.0’, thence N 64° 14’ 30” E 270.0’, thence N 61° 09’ 10” E 800.0’, thence N 60° 58’ 15” E 1724.45’, thence leaving the centerline S 01° 10’ 35” W 69.43’, thence parallel with the above described centerline S 60° 58’ 15” W 1689.62’, thence S 61° 09’ 10” W 801.71’, thence S 64° 14’ 30” W 272.91’, thence S 66° 42’ 15” W 502.55’, thence S 69° 06’ 10” W 303.02’, thence S 72° 27’ 55” W 272.8’, thence S 74° 26’ 55” W 252.39’, thence S 77° 01’ 30” W 181.75’, thence leaving the South side of the levee N 01° 26’ 25” E 61.96’ to the point of beginning and containing 5.89 acres more or less.
removed
Deed— The Secretary shall convey the property under this subsection by quitclaim deed under such terms and conditions as the Secretary determines appropriate to protect the interests of the United States.
removed
Consideration— The Tri-County Levee District, Missouri, shall pay to the Secretary an amount that is not less than the fair market value of the property conveyed under this subsection, as determined by the Secretary.
removed
Judge Joseph Barker, Jr., House, Ohio—
removed
Non-Federal entity— In this subsection, the term non-Federal entity means the Friends of Joseph Barker, Jr., House, a nonprofit organization in the State of Ohio.
removed
Conveyance authorized—
removed
In general— Subject to paragraph (6), the Secretary shall convey to the non-Federal entity, without consideration, all right, title, and interest of the United States in and to the property described in paragraph (3)(A).
removed
Easement— Upon conveyance of the property under subparagraph (A), the Secretary shall provide to the non-Federal entity, without consideration, an easement over the property described in paragraph (3)(B) for access to the conveyed property for as long as the non-Federal entity is in legal possession of the conveyed property.
removed
Descriptions of property—
removed
In general— The property referred to in paragraph (2)(A) is the following (as in existence on the date of enactment of this Act):
removed
Judge Joseph Barker, Jr., House— The tract of land situated in the State of Ohio, Washington County, on the Ohio River, and being particularly bounded and described as follows: Beginning at a point located on the southern right-of-way line of Ohio Route 7, a new corner to the land now or formerly owned by the United States of America; thence, leaving the right-of-way of said Route 7 and severing the land of said United States of America parallel to and approximately 10 feet easterly of the toe of the existing dredge disposal berm, southeasterly approximately 326 feet to a point prior to the current Corps of Engineers access to the dredging spoil area; thence, northeasterly approximately 480 feet paralleling the top of the slope to the riverbank side of the house and approximately 25 feet northerly therefrom; thence, northwest approximately 302 feet to a point in the southern right-of-way of Ohio Route 7; thence with the right-of-way of said Route 7, southwesterly approximately 485 feet to the point of beginning, containing approximately 3.51 acres.
removed
Road tract— The tract of land situated in the State of Ohio, Washington County, on the Ohio River, and being particularly bounded and described as follows: Beginning at a point located on the southern right-of-way line of Ohio Route 7, a new corner to the land now or formerly owned by the United States of America; thence, leaving the right-of-way of said Route 7 and severing the land of said United States of America and with the House Parcel southeasterly 25 feet; thence, northeast, running parallel to said Route 7 right-of-way, approximately 994 feet to a point of deflection; thence northeasterly 368 feet to a point beyond the existing fence corner; thence, east 140 feet to the edge of the existing Willow Island access road; thence with said access road, northwesterly approximately 62 feet to a point in the southern right-of-way of Ohio Route 7; thence with the right-of-way of said Route 7, southwesterly approximately 1,491 feet to the point of beginning, containing approximately 1 acre.
removed
Easement— The property referred to in paragraph (2)(B) is the following: The tract of land situated in the State of Ohio, Washington County, on the Ohio River, and being particularly bounded and described as follows: Beginning at a point at the intersection of the southern right-of-way of Ohio Route 7 and the northeast side of the existing Willow Island access road, a new corner to the land now or formerly owned by the United States of America; thence, southwest, running with said Route 7 right-of-way, approximately 30 feet to a point on the southwest side of the existing access road, and corner to the road tract; thence with said access road and the line of the road parcel, southeasterly approximately 62 feet to a point; thence leaving the road parcel and crossing the existing access road northeasterly approximately 30 feet to a point located on the northeast side of the existing access road; thence, northwesterly approximately 62 feet, to the point of beginning, containing approximately 0.04 acre.
removed
Deed— The Secretary shall convey the property under this subsection by quitclaim deed under such terms and conditions as the Secretary determines appropriate to protect the interests of the United States.
removed
Reversion— If the Secretary determines that the property conveyed under this subsection is not being used by the non-Federal entity for a public purpose, all right, title, and interest in and to the property shall revert, at the discretion of the Secretary, to the United States.
removed
Requirements—
removed
Improvements— The Secretary shall make such improvements and alterations to the property described in paragraph (3)(A)(i) as the Secretary, in consultation with the non-Federal entity and relevant stakeholders, determines to be appropriate to facilitate conveyance of the property and provision of the easement under this subsection, subject to the condition that the total cost of those improvements and alterations undertaken by the Secretary shall be not more than $120,000.
removed
Environmental assessment— Before making a conveyance under paragraph (2), the Secretary shall—
removed
conduct, with respect to the property to be conveyed, an assessment of the environmental condition of the property, including an investigation of any potential hazardous, toxic, or radioactive waste present on such property; and
removed
submit to the non-Federal entity a report describing the results of such assessment.
removed
Refusal by non-Federal entity—
removed
In general— Upon review by the non-Federal entity of the report under subparagraph (B), the non-Federal entity may elect to refuse the conveyance under this subsection.
removed
Election— An election under clause (i)—
removed
shall be at the sole discretion of the non-Federal entity; and
removed
shall be made by the non-Federal entity by not later than the date that is 30 days after the date of submission of the report under subparagraph (B)(ii).
removed
Dredged material placement activities— The Secretary shall—
removed
notify and coordinate with the non-Federal entity and relevant stakeholders before carrying out any dredged material placement activities associated with the property described in paragraph (3)(A) after the date on which such property is conveyed under this subsection; and
removed
in carrying out a dredged material placement activity under clause (i), act in accordance with Engineer Manual EM 1110–2–5025 (or a subsequent version of that manual).
removed
Reservation of rights— The Secretary may reserve and retain from any conveyance under this subsection a right-of-way or any other right that the Secretary determines to be necessary for the operation and maintenance of the authorized Federal channel along the Ohio River.
removed
Treatment— Conveyance to the non-Federal entity under this subsection of property described in paragraph (3)(A)(i) shall satisfy all obligations of the Secretary with respect to such property under—
removed
section 306101 of title 54, United States Code; and
removed
section 306108 of title 54, United States Code, with respect to the effects on the property of dredged material placement activities carried out by the Secretary after the date of the conveyances.
removed
Inapplicability— Subtitle I of title 40, and chapter 4 of title 41, United States Code shall not apply to any conveyance or easement provided under this subsection.
removed
Leaburg Fish Hatchery, Lane County, Oregon—
removed
Conveyance authorized— Subject to the provisions of this subsection, the Secretary shall convey, without consideration, to the State of Oregon, acting through the Oregon Department of Fish and Wildlife, all right, title, and interest of the United States in and to the real property comprising the Leaburg Fish Hatchery, consisting of approximately 21.55 acres, identified as tracts Q–1500, Q–1501E, and 300E–1 and described in Department of the Army Lease No. DACW57–1–18–0009, together with any improvements on the property.
removed
Water rights— The Secretary may transfer to the State of Oregon, acting through the Oregon Department of Fish and Wildlife, any water rights held by the United States that are appurtenant to the property conveyed under this subsection.
removed
Deed— The Secretary shall convey the property under this subsection by quitclaim deed under such terms and conditions as the Secretary determines appropriate to protect the interests of the United States, including a condition that all of the property conveyed under this subsection be used and maintained by the State of Oregon for the purpose of operating a fish hatchery in perpetuity.
removed
Reversion— If the Secretary determines that the property conveyed under this subsection is not being used or maintained by the State of Oregon for the purpose of operating a fish hatchery in perpetuity, all or any portion of the property, including any water rights transferred under this subsection, shall, at the option of the Secretary, revert to the United States.
removed
Savings clause— If the State of Oregon does not accept the conveyance under this subsection, the Secretary may dispose of the property, including appurtenant water rights, under subchapter III of chapter 5 of title 40, United States Code.
removed
Willamette Falls Locks, Willamette River, Oregon—
removed
Definitions— In this section:
removed
Real estate appendix— The term real estate appendix means Appendix A of the document published by the District Commander of the Portland District of the Corps of Engineers, titled “Willamette Falls Locks Willamette River Oregon Section 216 Disposition Study with Integrated Environmental Assessment”.
removed
Receiving entity— The term receiving entity means an entity identified by the State of Oregon, in consultation with the Willamette Falls Locks Commission, to receive the conveyance under paragraph (2).
removed
Willamette Falls Locks project— The term Willamette Falls Locks project means the project for navigation, Willamette Falls Locks, Willamette River, Oregon, authorized by the Act of June 25, 1910 (36 Stat. 664, chapter 382).
removed
Willamette Falls Locks report— The term Willamette Falls Locks report means the memorandum of the Director of Civil Works with the subject “Willamette Falls Locks (WFL), Willamette River Oregon Section 216 Disposition Study with Integrated Environmental Assessment (Study)”, dated July 11, 2019.
removed
Conveyance authorized— The Secretary is authorized to convey to the receiving entity, without consideration, all right, title, and interest of the United States in and to any land in which the Federal Government has a property interest for the Willamette Falls Locks project, together with any improvements on the land, subject to the requirements of this subsection and in accordance with the Willamette Falls Locks report.
removed
Deed— The Secretary shall convey the property under this subsection by quitclaim deed under such terms and conditions as the Secretary determines appropriate to protect the interests of the United States.
removed
Subject to existing easements and other interests— The conveyance of property under paragraph (2) shall be subject to all existing deed reservations, easements, rights-of-way, and leases that are in effect as of the date of the conveyance.
removed
Reversion— If the Secretary determines that the property conveyed under this subsection cease to be held in public ownership, all right, title, and interest in and to the property shall revert, at the discretion of the Secretary, to the United States.
removed
Requirements before conveyance—
removed
Perpetual road easement— Before making the conveyance under paragraph (2), the Secretary shall acquire a perpetual road easement from an adjacent property owner for use of an access road, which easement shall convey with the property conveyed under such paragraph.
removed
Environmental compliance— Before making the conveyance under paragraph (2), in accordance with the real estate appendix, the Secretary shall complete a Phase 1 Environmental Site Assessment pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
removed
Historic preservation— The Secretary may enter into a memorandum of agreement with the Oregon State Historic Preservation Office and the Advisory Council on Historic Preservation that identifies actions the Secretary shall take before making the conveyance under paragraph (2).
removed
Repairs— Before making the conveyance under paragraph (2), the Secretary shall carry out repairs to address primary seismic and safety risks in accordance with the recommendations approved in the Willamette Falls Locks report.
removed
Deauthorization— Beginning on the date on which the Secretary makes the conveyance under paragraph (2), the Willamette Falls Locks project is no longer authorized.
Sec. 333 Application of credit
added 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.
removed
Section 1001 of the Water Resources Development Act of 1986 (33 U.S.C. 579a) is amended—
removed
in subsection (b), by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); and
removed
by striking subsection (c).
removed
Section 6003 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 579c) (and the item relating to such section in the table of contents) are repealed.
removed
Section 1301 of the Water Resources Development Act of 2016 (33 U.S.C. 579d) (and the item relating to such section in the table of contents) are repealed.
removed
Section 1302 of the Water Resources Development Act of 2016 (33 U.S.C. 579c–1) (and the item relating to such section in the table of contents) are repealed.
removed
Section 1301 of the Water Resources Development Act of 2018 (33 U.S.C. 579d–1) (and the item relating to such section in the table of contents) are repealed.
removed
Section 1302 of the Water Resources Development Act of 2018 (33 U.S.C. 579c–2) (and the item relating to such section in the table of contents) are repealed.
Sec. 334 Project reauthorizations
added
added
In general—
added
Muddy River, Massachusetts— The separable elements for ecosystem restoration of the project for flood damage reduction and environmental restoration, Muddy River, Brookline and Boston, Massachusetts, authorized by section 522 of the Water Resources Development Act of 2000 (114 Stat. 2656), and deauthorized pursuant to section 6001 of the Water Resources Reform and Development Act of 2014 (128 Stat. 1345), are authorized to be carried out by the Secretary, subject to subsection (b).
added
East Chester Creek, New York— Notwithstanding section 1001 of the Water Resources Development Act of 1986 (33 U.S.C. 579a), the project for navigation, East Chester Creek, New York, authorized by section 101 of the River and Harbor Act of 1950 (64 Stat. 164; 100 Stat. 4181), and deauthorized pursuant to section 1001 of the Water Resources Development Act of 1986 (33 U.S.C. 579(a)), is authorized to be carried out by the Secretary, subject to subsection (b).
added
Christiansted Harbor, United States Virgin Islands— Notwithstanding section 1002 of the Water Resources Development Act of 1986 (100 Stat. 4221), the portion of the project for navigation, Christiansted Harbor, St. Croix, United States Virgin Islands, authorized by section 101 of the River and Harbor Act of 1950 (64 Stat. 167), and deauthorized under section 1002 of the Water Resources Development Act of 1986 (100 Stat. 4221), is authorized to be carried out by the Secretary, subject to subsection (b).
added
Charlotte Harbor, United States Virgin Islands— Notwithstanding section 1002 of the Water Resources Development Act of 1986 (100 Stat. 4221), the portion of the project for navigation, Charlotte Amalie (St. Thomas) Harbor, St. Thomas, United States Virgin Islands, authorized by the Act of August 26, 1937 (chapter 832, 50 Stat. 850), and deauthorized under section 1002 of the Water Resources Development Act of 1986 (100 Stat. 4221), is authorized to be carried out by the Secretary, subject to subsection (b).
added
Report to Congress— The Secretary shall complete and 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 post-authorization change report (as such term is defined in section 1132(d) of the Water Resources Development Act of 2016 (33 U.S.C. 2282e(d)) prior to carrying out a project identified in subsection (a).
Sec. 335 Conveyances
added
added
Generally applicable provisions—
added
Survey to obtain legal description— The exact acreage and the legal description of any real property to be conveyed under this section shall be determined by a survey that is satisfactory to the Secretary.
added
Applicability of property screening provisions— Section 2696 of title 10, United States Code, shall not apply to any conveyance under this section.
added
Costs of conveyance— An entity to which a conveyance is made under this section shall be responsible for all reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with the conveyance.
added
Liability— An entity to which a conveyance is made under this section shall hold the United States harmless from any liability with respect to activities carried out, on or after the date of the conveyance, on the real property conveyed. The United States shall remain responsible for any liability with respect to activities carried out, before such date, on the real property conveyed.
added
Additional terms and conditions— The Secretary may require that any 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.
added
Eufaula, Alabama—
added
Conveyance authorized— The Secretary shall convey to the City of Eufaula, Alabama, all right, title, and interest of the United States in and to the real property described in the Department of the Army Lease No. DACW01–2–17–0747, containing 56.76 acres, more or less, and being a part of Tracts L–1268 (26.12 acres), L–1273 (13.71 acres), L–1278 (6.75 acres), and L1279 (10.36 acres) of the Walter F. George Lock and Dam and Lake project.
added
Deed— The Secretary shall convey the property under this subsection by quitclaim deed under such terms and conditions as the Secretary determines appropriate to protect the interests of the United States.
added
Consideration— The City of Eufaula, Alabama, shall pay to the Secretary an amount that is not less than the fair market value of the property conveyed under this subsection, as determined by the Secretary.
added
Montgomery, Alabama—
added
Conveyance authorized— The Secretary shall convey to the City of Montgomery, Alabama, all right, title, and interest of the United States in and to the real property described in paragraph (2).
added
Property— The property to be conveyed is the 62.38 acres of land and water under the primary jurisdiction of the Secretary in the R.E. “Bob” Woodruff Project Area that is covered by lease number DACW01–1–05–0037, including the parcels and structure known as “Powder Magazine”.
added
Deed— The Secretary shall convey the property under this subsection by quitclaim deed under such terms and conditions as the Secretary determines appropriate to protect the interests of the United States, to include retaining the right to inundate with water any land transferred under this subsection.
added
Consideration— The City of Montgomery, Alabama, shall pay to the Secretary an amount that is not less than the fair market value of the property conveyed under this subsection, as determined by the Secretary.
added
Ohio River Lock and Dam Number 52, Massac County, Illinois—
added
Conveyance authorized— The Secretary shall convey to the Massac-Metropolis Port District, Illinois, all right, title, and interest of the United States in and to any real property located north of the south bank of the Ohio River in Massac County, Illinois, that is associated with the Ohio River Lock and Dam 52.
added
Deed— The Secretary shall convey the property under this subsection by quitclaim deed under such terms and conditions as the Secretary determines appropriate to protect the interests of the United States.
added
Consideration— The Massac-Metropolis Port District, Illinois, shall pay to the Secretary an amount that is not less than fair market value of the property conveyed under this subsection, as determined by the Secretary.
added
Clinton, Missouri—
added
Conveyance authorized— The Secretary shall convey to the City of Clinton, Missouri, without consideration, all right, title, and interest of the United States in and to the real property described in paragraph (2).
added
Property— The property to be conveyed is a tract of land situated in the S ½ of Section 12 and the N ½ of Section 13, Township 41 North, Range 26 West of the Fifth Principal Meridian, Henry County, Missouri, more particularly described as follows: Beginning at the point of intersection of the north line of said S ½ of Section 12 and the easterly right-of-way of State Highway No. 13; thence easterly along the north line of said S ½ to the northeast corner of the W ½ NW ¼ NE ¼ SW ¼ of said Section 12; thence southerly along the east line of said W ½ NW ¼ NE ¼ SW ¼ to the southeast corner thereof; thence easterly along the north line of the S ½ NE ¼ SW ¼ of said Section 12 to the southwest corner of the W ½ NW ¼ NW ¼ SE ¼ of said Section 12; thence in a northeasterly direction to the northeast corner of said W ½ NW ¼ NW ¼ SE ¼ ; thence easterly along the north line of said S ½ to the westerly right-of-way of the County Road; thence in a southeasterly and southerly direction along the westerly right-of-way of said County Road approximately 2500 feet to the center of Deer Creek; thence in a southwesterly direction along the center of said Deer Creek, approximately 3900 feet to the south line of said N ½ of Section 13; thence westerly along the south line of said N ½ to the easterly right-of-way line of the St. Louis-San Francisco Railroad; thence in a northwesterly direction along the easterly right-of-way of said railroad to the easterly right-of-way of said State Highway No. 13; thence in a northeasterly direction along the easterly right-of-way of said State Highway No. 13 to the point of the beginning; and including a roadway easement for ingress and egress, described as a strip of land 80 feet in width, lying 40 feet on each side of the following described line, the initial extremities of the following described strip being extended or reduced as required to exactly adjoin the boundary lines which they meet, situated in the S ½ of Section 12, Township 41 North Range 26 West of the Fifth Principal Meridian, Henry County, Missouri, more particularly described as follows: Commencing at the center of said Section 12, thence Sl°24’56”W, 1265.52 feet to a point, thence N88°29’02”W, 483.97 feet to the point of beginning of the strip of land herein described; thence in a northeasterly direction along a curve to the right, said curve having an initial tangent bearing of N3°44’4l”E, a radius of 238.73 feet and an interior angle of 61°29’26”, an arc distance of 256.21 feet to a point; thence N65°14’07”E 218.58 feet to a point; thence in a northeasterly direction along a curve to the left, having a radius of 674.07 feet and an interior angle of 36°00’01”, an arc distance of 423.53 feet to a point; thence N29°14’07”E, 417.87 feet to a point; thence northeasterly along a curve to the right, having a radius of 818.51 feet and an interior angle of 14°30’01”, an arc distance of 207.15 feet to a point; thence N43°44’07”E, 57.00 feet to the southerly right-of-way line of a county road, containing 2,948 acres, more or less; Excluding therefrom a tract of land situated in the S ½ of said Section 12, said Township and Range, described as commencing at the center of said Section 12; thence S1°24’56”W, 1265.52 feet to the point of beginning of the tract of land herein described; thence N88°29'02"W, 1122.50 feet; thence S1°43'26"W, 872.62 feet; thence S88°29’02”E, 1337.36 feet; thence Nl°43’26”E, 872.62 feet; thence N88°29’02”W, 214.86 feet to the point of beginning, containing 26.79 acres, more or less. The above described tract contains, in the aggregate, 177.69 acres, more or less.
added
Deed— The Secretary shall convey the property under this subsection by quitclaim deed under such terms and conditions as the Secretary determines appropriate to protect the interests of the United States.
added
Reversion— If the Secretary determines that the property conveyed under this subsection is not being used for a public purpose, all right, title, and interest in and to the property shall revert, at the discretion of the Secretary, to the United States.
added
City of Clinton, Old Orchard Addition, Missouri—
added
Conveyance Authorized— The Secretary shall convey to the City of Clinton, Missouri, all right, title, and interest of the United States in and to the real property described in paragraph (2).
added
Property— The property to be conveyed is Lot 28 in Old Orchard Addition, a subdivision of the City of Clinton, Henry County, Missouri, containing 0.36 acres, more or less, including any improvements thereon.
added
Deed— The Secretary shall convey the property under this subsection by quitclaim deed under such terms and conditions as the Secretary determines appropriate to protect the interests of the United States, including such reservations, terms, and conditions as the Secretary determines necessary to allow the United States to operate and maintain the Harry S. Truman Reservoir Project.
added
Consideration— The City of Clinton, Missouri, shall pay to the Secretary an amount that is not less than the fair market value of the property conveyed under this subsection, as determined by the Secretary.
added
Tri-County Levee District, Missouri—
added
Conveyance authorized— The Secretary shall convey to the Tri-County Levee District, Missouri, all right, title, and interest of the United States in and to the real property described in paragraph (2).
added
Property— The property to be conveyed is the part of Sections 1 and 12 Township 45 North Range 6 West of the 5th P.M. in Montgomery County, Missouri, described as follows: A tract of land being 60’ wide and lying South and East of and adjoining the centerline of the existing levee and being described as follows: Commencing at the NW corner of Section 12, thence S 87° 52’ 35” E 587.4’, thence S 01° 29’ 25” W 453.68’ to the point of the beginning; said point being in the center of the levee, thence with the centerline of the levee N 77° 01’ 30” E 164.92’, thence N 74° 26’ 55” E 250.0’, thence N 72° 27’ 55” E 270.0’, thence N 69° 06’ 10” E 300.0’, thence N 66° 42’ 15” E 500.0’, thence N 64° 14’ 30” E 270.0’, thence N 61° 09’ 10” E 800.0’, thence N 60° 58’ 15” E 1724.45’, thence leaving the centerline S 01° 10’ 35” W 69.43’, thence parallel with the above described centerline S 60° 58’ 15” W 1689.62’, thence S 61° 09’ 10” W 801.71’, thence S 64° 14’ 30” W 272.91’, thence S 66° 42’ 15” W 502.55’, thence S 69° 06’ 10” W 303.02’, thence S 72° 27’ 55” W 272.8’, thence S 74° 26’ 55” W 252.39’, thence S 77° 01’ 30” W 181.75’, thence leaving the South side of the levee N 01° 26’ 25” E 61.96’ to the point of beginning and containing 5.89 acres more or less.
added
Deed— The Secretary shall convey the property under this subsection by quitclaim deed under such terms and conditions as the Secretary determines appropriate to protect the interests of the United States.
added
Consideration— The Tri-County Levee District, Missouri, shall pay to the Secretary an amount that is not less than the fair market value of the property conveyed under this subsection, as determined by the Secretary.
added
Judge Joseph Barker, Jr., House, Ohio—
added
Non-Federal entity— In this subsection, the term non-Federal entity means the Friends of Joseph Barker, Jr., House, a nonprofit organization in the State of Ohio.
added
Conveyance authorized—
added
In general— Subject to paragraph (6), the Secretary shall convey to the non-Federal entity, without consideration, all right, title, and interest of the United States in and to the property described in paragraph (3)(A).
added
Easement— Upon conveyance of the property under subparagraph (A), the Secretary shall provide to the non-Federal entity, without consideration, an easement over the property described in paragraph (3)(B) for access to the conveyed property for as long as the non-Federal entity is in legal possession of the conveyed property.
added
Descriptions of property—
added
In general— The property referred to in paragraph (2)(A) is the following (as in existence on the date of enactment of this Act):
added
Judge Joseph Barker, Jr., House— The tract of land situated in the State of Ohio, Washington County, on the Ohio River, and being particularly bounded and described as follows: Beginning at a point located on the southern right-of-way line of Ohio Route 7, a new corner to the land now or formerly owned by the United States of America; thence, leaving the right-of-way of said Route 7 and severing the land of said United States of America parallel to and approximately 10 feet easterly of the toe of the existing dredge disposal berm, southeasterly approximately 326 feet to a point prior to the current Corps of Engineers access to the dredging spoil area; thence, northeasterly approximately 480 feet paralleling the top of the slope to the riverbank side of the house and approximately 25 feet northerly therefrom; thence, northwest approximately 302 feet to a point in the southern right-of-way of Ohio Route 7; thence with the right-of-way of said Route 7, southwesterly approximately 485 feet to the point of beginning, containing approximately 3.51 acres.
added
Road tract— The tract of land situated in the State of Ohio, Washington County, on the Ohio River, and being particularly bounded and described as follows: Beginning at a point located on the southern right-of-way line of Ohio Route 7, a new corner to the land now or formerly owned by the United States of America; thence, leaving the right-of-way of said Route 7 and severing the land of said United States of America and with the House Parcel southeasterly 25 feet; thence, northeast, running parallel to said Route 7 right-of-way, approximately 994 feet to a point of deflection; thence northeasterly 368 feet to a point beyond the existing fence corner; thence, east 140 feet to the edge of the existing Willow Island access road; thence with said access road, northwesterly approximately 62 feet to a point in the southern right-of-way of Ohio Route 7; thence with the right-of-way of said Route 7, southwesterly approximately 1,491 feet to the point of beginning, containing approximately 1 acre.
added
Easement— The property referred to in paragraph (2)(B) is the following: The tract of land situated in the State of Ohio, Washington County, on the Ohio River, and being particularly bounded and described as follows: Beginning at a point at the intersection of the southern right-of-way of Ohio Route 7 and the northeast side of the existing Willow Island access road, a new corner to the land now or formerly owned by the United States of America; thence, southwest, running with said Route 7 right-of-way, approximately 30 feet to a point on the southwest side of the existing access road, and corner to the road tract; thence with said access road and the line of the road parcel, southeasterly approximately 62 feet to a point; thence leaving the road parcel and crossing the existing access road northeasterly approximately 30 feet to a point located on the northeast side of the existing access road; thence, northwesterly approximately 62 feet, to the point of beginning, containing approximately 0.04 acre.
added
Deed— The Secretary shall convey the property under this subsection by quitclaim deed under such terms and conditions as the Secretary determines appropriate to protect the interests of the United States.
added
Reversion— If the Secretary determines that the property conveyed under this subsection is not being used by the non-Federal entity for a public purpose, all right, title, and interest in and to the property shall revert, at the discretion of the Secretary, to the United States.
added
Requirements—
added
Improvements— The Secretary shall make such improvements and alterations to the property described in paragraph (3)(A)(i) as the Secretary, in consultation with the non-Federal entity and relevant stakeholders, determines to be appropriate to facilitate conveyance of the property and provision of the easement under this subsection, subject to the condition that the total cost of those improvements and alterations undertaken by the Secretary shall be not more than $120,000.
added
Environmental assessment— Before making a conveyance under paragraph (2), the Secretary shall—
added
conduct, with respect to the property to be conveyed, an assessment of the environmental condition of the property, including an investigation of any potential hazardous, toxic, or radioactive waste present on such property; and
added
submit to the non-Federal entity a report describing the results of such assessment.
added
Refusal by non-Federal entity—
added
In general— Upon review by the non-Federal entity of the report under subparagraph (B), the non-Federal entity may elect to refuse the conveyance under this subsection.
added
Election— An election under clause (i)—
added
shall be at the sole discretion of the non-Federal entity; and
added
shall be made by the non-Federal entity by not later than the date that is 30 days after the date of submission of the report under subparagraph (B)(ii).
added
Dredged material placement activities— The Secretary shall—
added
notify and coordinate with the non-Federal entity and relevant stakeholders before carrying out any dredged material placement activities associated with the property described in paragraph (3)(A) after the date on which such property is conveyed under this subsection; and
added
in carrying out a dredged material placement activity under clause (i), act in accordance with Engineer Manual EM 1110–2–5025 (or a subsequent version of that manual).
added
Reservation of rights— The Secretary may reserve and retain from any conveyance under this subsection a right-of-way or any other right that the Secretary determines to be necessary for the operation and maintenance of the authorized Federal channel along the Ohio River.
added
Treatment— Conveyance to the non-Federal entity under this subsection of property described in paragraph (3)(A)(i) shall satisfy all obligations of the Secretary with respect to such property under—
added
section 306101 of title 54, United States Code; and
added
section 306108 of title 54, United States Code, with respect to the effects on the property of dredged material placement activities carried out by the Secretary after the date of the conveyances.
added
Inapplicability— Subtitle I of title 40, and chapter 4 of title 41, United States Code shall not apply to any conveyance or easement provided under this subsection.
added
Leaburg Fish Hatchery, Lane County, Oregon—
added
Conveyance authorized— Subject to the provisions of this subsection, the Secretary shall convey, without consideration, to the State of Oregon, acting through the Oregon Department of Fish and Wildlife, all right, title, and interest of the United States in and to the real property comprising the Leaburg Fish Hatchery, consisting of approximately 21.55 acres, identified as tracts Q–1500, Q–1501E, and 300E–1 and described in Department of the Army Lease No. DACW57–1–18–0009, together with any improvements on the property.
added
Water rights— The Secretary may transfer to the State of Oregon, acting through the Oregon Department of Fish and Wildlife, any water rights held by the United States that are appurtenant to the property conveyed under this subsection.
added
Deed— The Secretary shall convey the property under this subsection by quitclaim deed under such terms and conditions as the Secretary determines appropriate to protect the interests of the United States, including a condition that all of the property conveyed under this subsection be used and maintained by the State of Oregon for the purpose of operating a fish hatchery in perpetuity.
added
Reversion— If the Secretary determines that the property conveyed under this subsection is not being used or maintained by the State of Oregon for the purpose of operating a fish hatchery in perpetuity, all or any portion of the property, including any water rights transferred under this subsection, shall, at the option of the Secretary, revert to the United States.
added
Savings clause— If the State of Oregon does not accept the conveyance under this subsection, the Secretary may dispose of the property, including appurtenant water rights, under subchapter III of chapter 5 of title 40, United States Code.
added
Willamette Falls Locks, Willamette River, Oregon—
added
Definitions— In this section:
added
Real estate appendix— The term real estate appendix means Appendix A of the document published by the District Commander of the Portland District of the Corps of Engineers, titled “Willamette Falls Locks Willamette River Oregon Section 216 Disposition Study with Integrated Environmental Assessment”.
added
Receiving entity— The term receiving entity means an entity identified by the State of Oregon, in consultation with the Willamette Falls Locks Commission, to receive the conveyance under paragraph (2).
added
Willamette Falls Locks project— The term Willamette Falls Locks project means the project for navigation, Willamette Falls Locks, Willamette River, Oregon, authorized by the Act of June 25, 1910 (36 Stat. 664, chapter 382).
added
Willamette Falls Locks report— The term Willamette Falls Locks report means the memorandum of the Director of Civil Works with the subject “Willamette Falls Locks (WFL), Willamette River Oregon Section 216 Disposition Study with Integrated Environmental Assessment (Study)”, dated July 11, 2019.
added
Conveyance authorized— The Secretary is authorized to convey to the receiving entity, without consideration, all right, title, and interest of the United States in and to any land in which the Federal Government has a property interest for the Willamette Falls Locks project, together with any improvements on the land, subject to the requirements of this subsection and in accordance with the Willamette Falls Locks report.
added
Deed— The Secretary shall convey the property under this subsection by quitclaim deed under such terms and conditions as the Secretary determines appropriate to protect the interests of the United States.
added
Subject to existing easements and other interests— The conveyance of property under paragraph (2) shall be subject to all existing deed reservations, easements, rights-of-way, and leases that are in effect as of the date of the conveyance.
added
Reversion— If the Secretary determines that the property conveyed under this subsection cease to be held in public ownership, all right, title, and interest in and to the property shall revert, at the discretion of the Secretary, to the United States.
added
Requirements before conveyance—
added
Perpetual road easement— Before making the conveyance under paragraph (2), the Secretary shall acquire a perpetual road easement from an adjacent property owner for use of an access road, which easement shall convey with the property conveyed under such paragraph.
added
Environmental compliance— Before making the conveyance under paragraph (2), in accordance with the real estate appendix, the Secretary shall complete a Phase 1 Environmental Site Assessment pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
added
Historic preservation— The Secretary may enter into a memorandum of agreement with the Oregon State Historic Preservation Office and the Advisory Council on Historic Preservation that identifies actions the Secretary shall take before making the conveyance under paragraph (2).
added
Repairs— Before making the conveyance under paragraph (2), the Secretary shall carry out repairs to address primary seismic and safety risks in accordance with the recommendations approved in the Willamette Falls Locks report.
added
Deauthorization— Beginning on the date on which the Secretary makes the conveyance under paragraph (2), the Willamette Falls Locks project is no longer authorized.
Sec. 336 Repeals
added
added
Section 710 of the Water Resources Development Act of 1986 (33 U.S.C. 2264) is repealed.
added
Section 1001 of the Water Resources Development Act of 1986 (33 U.S.C. 579a) is amended—
added
in subsection (b), by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); and
added
by striking subsection (c).
added
Section 1001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282c) is amended—
added
in subsection (d)—
added
in paragraph (1), by striking “Notwithstanding the requirements of subsection (c), the Secretary” and inserting “The Secretary”;
added
by striking “subsections (a) and (c)” each place it appears and inserting “subsection (a)”; and
added
by striking paragraph (4); and
added
by striking subsection (c) and redesignating subsections (d) through (g) as subsections (c) through (f), respectively.
added
Section 6003 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 579c), and the item relating to such section in the table of contents, are repealed.
added
Section 1301 of the Water Resources Development Act of 2016 (33 U.S.C. 579d), and the item relating to such section in the table of contents, are repealed.
added
Section 1302 of the Water Resources Development Act of 2016 (33 U.S.C. 579c–1), and the item relating to such section in the table of contents, are repealed.
added
Section 1301 of the Water Resources Development Act of 2018 (33 U.S.C. 579d–1), and the item relating to such section in the table of contents, are repealed.
added
Section 1302 of the Water Resources Development Act of 2018 (33 U.S.C. 579c–2), and the item relating to such section in the table of contents, are repealed.
Sec. 403 Authorization of projects based on feasibility studies prepared by non-Federal interests
In general— The Secretary is authorized to carry out the following projects for water resources development and conservation and other purposes, subject to subsection (b):
Fort Pierce, St. Lucie County, Florida— The project for hurricane and storm damage reduction, Fort Pierce, St. Lucie County, Florida, as described in the review assessment of the Secretary, titled “Review Assessment of St. Lucie County, Florida Fort Pierce Shore Protection Project Section 203 Integrated Feasibility Study and Environmental Assessment (June 2018)” and dated July 2018, at a total cost of $33,107,639, and at an estimated total cost of $97,958,972 for periodic nourishment over the 50-year life of the project.
Baptiste Collette Bayou, Louisiana— The project for navigation, Baptiste Collette Bayou, Louisiana, as described in the review assessment of the Secretary, titled “Review Assessment of Plaquemines Parish Government’s Section 203 Study Baptiste Collette Bayou Navigation Channel Deepening Project Integrated Feasibility Study and Environmental Assessment (January 2017, Amended April 2018)” and dated June 2018, at a total cost of $44,920,000.
Houma Navigation Canal, Louisiana— The project for navigation, Houma Navigation Canal, Louisiana, as described in the review assessment of the Secretary, titled “Review Assessment of Houma Navigation Canal Deepening Project Section 203 Integrated Feasibility Report and DRAFT Environmental Impact Statement (June 2018)” and dated July 2018, at a total cost of $253,458,000.
added
Port Fourchon Belle Pass Channel, Louisiana— The project for navigation, Port Fourchon Belle Pass Channel, Louisiana, as described in the review assessment of the Secretary, titled “Review Assessment of Port Fourchon Belle Pass Channel Deepening Project Section 203 Feasibility Study (January 2019, revised January 2020)” and dated April 2020, at a total cost of $95,483,000.
added
Wilmington Harbor, North Carolina— The project for navigation, Wilmington Harbor, North Carolina, as described in the review assessment of the Secretary, titled “Review Assessment of Wilmington Harbor, North Carolina Navigation Improvement Project Integrated Section 203 Study & Environmental Report (February 2020)” and dated May 2020, at a total cost of $834,093,000.
renumbered
was (2)(6)
Chacon Creek, Texas— The project for flood risk management, ecosystem restoration, and other purposes, Chacon Creek, Texas, as described in the review assessment of the Secretary, titled “Review Assessment of Chacon Creek, Texas Section 203 Integrated Feasibility Report and DRAFT Environmental Assessment (August 2018)” and dated September 2018, at a total cost of $51,973,000.
Requirements— The Secretary may only carry out a project authorized under subsection (a)—
substantially in accordance with the applicable review assessment for the project submitted by the Secretary under section 203(c) of the Water Resources Development Act of 1986, as identified in subsection (a) of this section, and subject to such modifications or conditions as the Secretary considers appropriate and identifies in a final assessment that addresses the concerns, recommendations, and conditions identified by the Secretary in the applicable review assessment; and
after the Secretary transmits to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate such final assessment.
Technical correction— Section 203(c)(1) of the Water Resources Development Act of 1986 (33 U.S.C. 2231(c)(1)) is amended, in the matter preceding subparagraph (A), by striking “a report” and inserting “an assessment”.
Sec. 501 Determination of Budgetary Effects
addedadded The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.