H.R. 7575 — what changed
Water Resources Development Act of 2020
From Introduced in House to Reported in House. 42 sections amended and 11 added between Introduced in House and Reported in House.
102. Funding for navigation
Funding for navigation— Section 210 of the Water Resources Development Act of 1986 (33 U.S.C. 2238) is amended, in the section heading, by striking “Authorization of appropriations” and inserting “Funding for navigation”.
Operation and Maintenance of Harbor Projects— Section 210(c) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(c)) is amended—
by amending paragraph (1) to read as follows:
“(1) In general—For each fiscal year, of the funds made available under this section (including funds appropriated from the Harbor Maintenance Trust Fund), the Secretary shall make expenditures to pay for operation and maintenance costs of the harbors and inland harbors referred to in subsection (a)(2), using—
“(A) not less than 20 percent of such funds for emerging harbor projects, to the extent there are identifiable operations and maintenance needs, including eligible breakwater and jetty needs, at such harbor projects;
“(B) not less than 12 percent of such funds for projects that are located within the Great Lakes Navigation System;
“(C) 10 percent of such funds for expanded uses carried out at donor ports, as such term is defined in section 2106 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2238c); and
“(D) any remaining funds for operation and maintenance costs of any harbor or inland harbor referred to in subsection (a)(2) based on an equitable allocation of such funds among such harbors and inland harbors.”
by amending paragraph (3) to read as follows:
“(3) Additional uses at emerging harbors
“(A) In general—In each fiscal year, the Secretary may use not more than $5,000,000 of funds designated for emerging harbor projects under paragraph (1)(A) to pay for the costs of up to 10 projects for maintenance dredging of a marina or berthing area, in an emerging harbor, that includes an area that is located adjacent to, or is accessible by, a Federal navigation project, subject to subparagraphs (B) and (C) of this paragraph.
“(B) Eligible emerging harbors—The Secretary may use funds as authorized under subparagraph (A) at an emerging harbor that—
“(i) supports commercial activities, including commercial fishing operations, commercial fish processing operations, recreational and sport fishing, and commercial boat yards; or
“(ii) supports activities of the Secretary of the department in which the Coast Guard is operating.
changed
“(C) Cost sharing Cost-sharing requirements—The Secretary shall require a non-Federal interest to contribute not less than 25 percent of the costs for maintenance dredging of that portion of a maintenance dredging project described in subparagraph (A) that is located outside of the Federal navigation project, which may be provided as an in-kind contribution, including through the use of dredge equipment owned by non-Federal interest to carry out such activities.”
by adding at the end the following:
“(5) Emergency expenditures—Nothing in this subsection prohibits the Secretary from making an expenditure to pay for the operation and maintenance costs of a specific harbor or inland harbor, including the transfer of funding from the operation and maintenance of a separate project, if—
“(A) the Secretary determines that the action is necessary to address the navigation needs of a harbor or inland harbor where safe navigation has been severely restricted due to an unforeseen event; and
“(B) the Secretary provides within 90 days of the action notice and information on the need for the action to the Committee on Environment and Public Works and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives.”
Prioritization— Section 210 of the Water Resources Development Act of 1986 (33 U.S.C. 2238) is amended by striking subsection (d) and redesignating subsections (e) and (f) as subsections (d) and (e), respectively.
Assessment of harbors and inland harbors— Section 210(d)(2)(A)(ii) of the Water Resources Development Act of 1986 (as so redesignated) is amended by striking “expanded uses at eligible harbors or inland harbors referred to in subsection (d)(2)” and inserting “uses described in paragraphs (1)(C) and (3) of subsection (c)”.
Definitions— Section 210(e) of the Water Resources Development Act of 1986 (as so redesignated) is amended—
by striking paragraphs (6) through (9);
by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively;
by striking paragraph (2) and inserting the following:
“(2) Emerging harbor—The term emerging harbor means a harbor or inland harbor referred to in subsection (a)(2) that transits less than 1,000,000 tons of cargo annually.
“(3) Emerging harbor project—The term emerging harbor project means a project that is assigned to an emerging harbor.”
in paragraph (4) (as so redesignated), by adding at the end the following:
“(C) An in-water improvement, if the improvement—
“(i) is for the seismic reinforcement of a wharf or other berthing structure, or the repair or replacement of a deteriorating wharf or other berthing structure, at a port facility;
“(ii) benefits commercial navigation at the harbor; and
“(iii) is located in, or adjacent to, a berth that is accessible to a Federal navigation project.
“(D) An activity to maintain slope stability at a berth in a harbor that is accessible to a Federal navigation project if such activity benefits commercial navigation at the harbor.”
108. Inland waterway projects
changed
In general— Notwithstanding section 102 of the Water Resources Development Act of 1986 (33 U.S.C. 2212), 35 percent of the costs of construction of a any project to which such section applies for navigation on the inland waterways shall be paid from amounts appropriated from the Inland Waterways Trust Fund—
during each of fiscal years 2021 through 2027; and
for a project the construction of which is initiated during such period, in each fiscal year until such construction is complete.
Prioritization— In selecting projects described in subsection (a) for which to initiate construction during any of fiscal years 2021 through 2027, the Secretary shall prioritize projects that are included in the most recent 20-year program for making capital investments developed under section 302(d) of the Water Resources Development Act of 1986 (33 U.S.C. 2251(d)).
111. Project consultation
Reports required— Not later than 180 days after the date of enactment of this Act, the Secretary shall submit the following reports:
The report required under section 1214 of the Water Resources Development Act of 2018 (132 Stat. 3809).
The report required under section 1120(a)(3) of the Water Resources Development Act of 2016 (130 Stat. 1643).
Consultation—
Agencies and Tribes— The Secretary shall ensure that all covered community consultation policies, regulations, and guidance of the Corps of Engineers continue to be implemented, and that consultations with Federal and State agencies and Indian Tribes required for a water resources development project are carried out.
Communities— The Secretary shall ensure that any covered communities, including such communities identified in the reports submitted under subsection (a), that are found to be disproportionately or adversely affected are included in consultation policies, regulations, and guidance of the Corps of Engineers.
Project planning and construction— The Secretary shall ensure that covered communities are consulted in the development of water resources development project planning and construction, for the purposes of achieving environmental justice and addressing any disproportionate or adverse effects on such communities.
Environmental justice updates—
In general— Not later than 1 year after the date of enactment of this Act, the Secretary shall update any policies, regulations, and guidance of the Corps of Engineers related to achieving environmental justice for covered communities.
Recommendations and consultation— In carrying out paragraph (1), the Secretary shall—
consult with a wide array of representatives of covered communities; and
use the recommendations from the reports submitted under subsection (a).
Community engagement— The Secretary shall ensure that in carrying out authorized water resources development projects in, and all other activities of the Corps of Engineers related to, covered communities, the Corps of Engineers—
promotes the meaningful involvement of such communities in the project development and implementation, enforcement efforts, and other activities of the Corps of Engineers;
provides guidance and technical assistance to such communities to increase understanding of the project development and implementation activities, regulations, and policies of the Corps of Engineers; and
cooperates with State, Tribal, and local governments with respect to activities carried out pursuant to this subsection.
Tribal lands and consultation— The Secretary shall ensure that in carrying out authorized water resources development projects and in all other activities of the Corps of Engineers, that the Corps of Engineers—
consults with Indian Tribes specifically on any Tribal lands near or adjacent to any activities of the Corps of Engineers, for purposes of identifying lands of ancestral, cultural, or religious importance; and
cooperates with Indian Tribes to avoid, or otherwise find alternate solutions with respect to, such lands; and
consults with Indian Tribes specifically on any Tribal areas near or adjacent to any activities of the Corps of Engineers, for purposes of identifying lands, waters, and other resources critical to the livelihood of the Indian Tribes; and
cooperates with Indian Tribes to avoid, or otherwise find alternate solutions with respect to, such areas.
Definitions— In this section:
Community of color— The term community of color means a community of individuals who are—
American Indian or Alaska Native;
Asian or Pacific Islander;
Black, not of Hispanic origin; or
Hispanic.
Covered community— The term covered community means each of the following:
A community of color.
An economically disadvantaged community.
A rural community.
A Tribal or indigenous community.
added
State— The term State means each of the several States, the District of Columbia, and each of the commonwealths, territories, and possessions of the United States.
113. Small flood control projects
changed
Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) is amended by inserting “, and projects that use natural features or nature-based features (as those terms are defined in section 1184(a) of the Water Resources Development Act of 2016 (33 U.S.C. 2289a(a)),” 2289a(a))),” after “nonstructural projects”.
114. Conforming amendment
Section 103(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2213) is amended—
changed
in the subsection heading, by striking “Nonstructural flood control projects” and inserting “Projects using nonstructural, natural, or nature-based nature-Based features”; and
changed
in paragraph (1), by striking “nonstructural flood control measures” and inserting “a flood risk management or hurricane and storm damage risk reduction measure using a nonstructural feature, or a natural feature or nature-based feature (as those terms are defined in section 1184(a) of the Water Resources Development Act of 2016 (33 U.S.C. 2289a(a)),”.(1)—
added
by striking “nonstructural flood control measures” and inserting “a flood risk management or hurricane and storm damage risk reduction measure using a nonstructural feature, or a natural feature or nature-based feature (as those terms are defined in section 1184(a) of the Water Resources Development Act of 2016 (33 U.S.C. 2289a(a))),”; and
added
by striking “cash during construction of the project” and inserting “cash during construction for a nonstructural feature if the costs of land, easements, rights-of-way, dredged material disposal areas, and relocations for such feature are estimated to exceed 35 percent”.
118. Federal interest determination
Section 905 of the Water Resources Development Act of 1986 (33 U.S.C. 2282) is amended by inserting after subsection (a) the following:
“(b) Federal interest determination
“(1) In general—In preparing a feasibility report under subsection (a) for a study that will benefit an economically disadvantaged community, upon request by the non-Federal interest for the study, the Secretary shall first determine the Federal interest in carrying out the study and the projects that may be proposed in the study.
changed
“(2) Cost-share—The Cost share—The costs of a determination under paragraph (1)—
“(A) shall be at Federal expense; and
“(B) shall not exceed $200,000.
“(3) Deadline—A determination under paragraph (1) shall be completed by not later than 120 days after the date on which funds are made available to the Secretary to carry out the determination.
“(4) Treatment
“(A) Timing—The period during which a determination is being completed under paragraph (1) for a study shall not be included for purposes of the deadline to complete a final feasibility report under section 1001(a)(1) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282c(a)(1)).
“(B) Cost—The cost of a determination under paragraph (1) shall not be included for purposes of the maximum Federal cost under section 1001(a)(2) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282c(a)(2)).
“(5) Report to non-Federal interest—If, based on a determination under paragraph (1), the Secretary determines that a study or project is not in the Federal interest because the project will not result, or is unlikely to result, in a recommended plan that will produce national economic development benefits greater than cost, but may result in a technically sound and environmentally acceptable plan that is otherwise consistent with section 904 of the Water Resources Development Act of 1986 (33 U.S.C. 2281), the Secretary shall issue a report to the non-Federal interest with recommendations on how the non-Federal interest might modify the proposal such that the project could be in the Federal interest and feasible.”
119. Economically disadvantaged community flood protection and hurricane and storm damage reduction study pilot program
In general— Not later than 180 days after the date of enactment of this Act, the Secretary shall establish and implement a pilot program to evaluate opportunities to address the flood risk management and hurricane and storm damage risk reduction needs of economically disadvantaged communities.
Participation in pilot program— In carrying out subsection (a), the Secretary shall—
publish a notice in the Federal Register that requests from non-Federal interests proposals for the potential feasibility study of a flood risk management project or hurricane and storm damage risk reduction project for an economically disadvantaged community;
upon request of a non-Federal interest for such a project, provide technical assistance to such non-Federal interest in the formulation of a proposal for a potential feasibility study to be submitted to the Secretary under the pilot program; and
review such proposals and select 10 feasibility studies for such projects to be carried out by the Secretary, in coordination with the non-Federal interest, under this pilot program.
Selection criteria— In selecting a feasibility study under subsection (b)(3), the Secretary shall consider whether—
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the percentage of people living in poverty in the county or counties (or county-equivalent entity or entities) in which the project is located is above the percentage of people living in poverty in the State, based on Census Bureau census bureau data;
changed
the percentage of families with income above the poverty threshold but below the average household income in the county or counties (or county-equivalent entity or entities) in which the project is located is above the percentage of the same for the State, based on Census Bureau census bureau data;
changed
the percentage of the population that identifies as belonging to a minority or indigenous group in the county or counties (or county-equivalent entity or entities) in which the project is located is above the average percentage in the State, based on Census Bureau census bureau data; and
the project is addressing flooding or hurricane or storm damage effects that have a disproportionate impact on a rural community or a community of color (as such term is defined in section 111 of this Act), including Tribal or indigenous peoples.
Administration— Notwithstanding the requirements of section 105(a)(1)(A) of the Water Resources Development Act of 1986 (33 U.S.C. 2215), the Federal share of the cost of a feasibility study carried out under the pilot program shall be 100 percent.
Geographic diversity— When selecting feasibility studies under subsection (b)(3), the Secretary shall consider the geographic diversity among proposed projects.
Study requirements— Feasibility studies carried out under this subsection shall, to the maximum extent practical, incorporate natural features or nature-based features (as such terms are defined in section 1184 of the Water Resources Development Act of 2016 (33 U.S.C. 2289a)), or a combination of such features and nonstructural features, that avoid or reduce at least 50 percent of flood or storm damages in one or more of the alternatives included in the final alternatives evaluated.
Notification— The Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of the selection of each feasibility study under the pilot program.
Completion— Upon completion of a feasibility report for a feasibility study selected to be carried out under this section, the Secretary shall transmit the report to Congress for authorization, and shall include the report in the next annual report submitted under section 7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d).
Sunset— The authority to commence a feasibility study under this section shall terminate on the date that is 10 years after the date of enactment of this Act.
Report— Not later than 5 years and 10 years 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, and make publicly available, a report detailing the results of the pilot program carried out under this section, including—
a description of proposals received from non-Federal interests pursuant to subsection (b)(1);
a description of technical assistance provided to non-Federal interests under subsection (b)(2); and
a description of proposals selected under subsection (b)(3) and criteria used to select such proposals.
added
State defined— In this section, the term State means each of the several States, the District of Columbia, and each of the commonwealths, territories, and possessions of the United States.
120. Permanent measures to reduce emergency flood fighting needs for communities subject to repetitive flooding
Definitions— In this section:
Affected community— The term affected community means a legally constituted public body (as that term is used in section 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(b))—
with jurisdiction over an area that has been subject to flooding in two or more events in any 10-year period; and
changed
that has received emergency flood-fighting assistance, including construction of temporary barriers by the Secretary, under section 5 of the Act of August 18, 1941 (33 U.S.C. 701n), 701n) with respect to such flood events.
Natural feature; nature-based feature— The terms natural feature and nature-based feature have the meanings given those terms in section 1184 of the Water Resources Development Act of 2016 (33 U.S.C. 2289a).
Program—
In general— The Secretary is authorized to carry out a program to study, design, and construct water resources development projects through measures involving, among other things, strengthening, raising, extending, realigning, or otherwise modifying existing flood control works, designing new works, and incorporating natural features, nature-based features, or nonstructural features, as appropriate to provide flood and coastal storm risk management to affected communities.
Considerations— In carrying out paragraph (1), the Secretary shall, to the maximum extent practical, review and, where appropriate, incorporate natural features or nature-based features, or a combination of such features and nonstructural features, that avoid or reduce at least 50 percent of flood or storm damages in one or more of the alternatives included in the final alternatives evaluated.
Construction—
In general— The Secretary may carry out a project described in paragraph (1) without further congressional authorization if—
the Secretary determines that the project—
is advisable to reduce the risk of flooding for an affected community; and
produces benefits that are in excess of the estimated costs; and
the Federal share of the cost of the construction does not exceed $15,000,000.
Specific authorization— If the Federal share of the cost of a project described in paragraph (1) exceeds $15,000,000, the Secretary shall submit the project recommendation to Congress for authorization prior to construction, and shall include the project recommendation in the next annual report submitted under section 7001 of the Water Resources Reform and Development Act of 2014.
Financing—
Contributions— If, based on a study carried out pursuant to paragraph (1), the Secretary determines that a project described in paragraph (1) will not produce benefits greater than cost, the Secretary shall allow the affected community to pay, or provide contributions equal to, an amount sufficient to make the remaining costs of design and construction of the project equal to the estimated value of the benefits of the project.
changed
Effect on non-Federal share— Amounts provided by an affected community under clause (i) shall be in addition to any payments or contributions the affected community is required to provide towards toward the remaining costs of design and construction of the project under section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213).
Ability to pay—
In general— Any cost-sharing agreement for a project entered into pursuant to this section shall be subject to the ability of the affected community to pay.
Determination— The ability of any affected community to pay shall be determined by the Secretary in accordance with procedures established by the Secretary.
Effect of reduction— Any reduction in the non-Federal share of the cost of a project described in paragraph (1) as a result of a determination under this paragraph shall not be included in the Federal share for purposes of subparagraphs (A) and (B) of paragraph (3).
121. Emergency response to natural disasters
In general— Section 5 of the Act of August 18, 1941 (33 U.S.C. 701n) is amended—
in subsection (a), by adding at the end the following—
“(5) Feasibility study
“(A) Determination—Not later than 180 days after receiving, from a non-Federal sponsor of a project to repair or rehabilitate a flood control work described in paragraph (1), a request to initiate a feasibility study to further modify the relevant flood control work to provide for an increased level of protection, the Secretary shall provide to the non-Federal sponsor a written decision on whether the Secretary has the authority under section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a) to undertake the requested feasibility study.
“(B) Recommendation—If the Secretary determines under subparagraph (B) that the Secretary does not have the authority to undertake the requested feasibility study, the Secretary shall include the request for a feasibility study in the annual report submitted under section 7001 of the Water Resources Reform and Development Act of 2014.”
in subsection (c)—
in the subsection heading, by striking “Levee owners manual” and inserting “Eligibility”;
in paragraph (1), in the heading, by striking “In general” and inserting “Levee owner’s manual”;
by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively, and inserting after paragraph (1) the following:
“(2) Compliance
“(A) In general—Notwithstanding the status of compliance of a non-Federal interest with the requirements of a levee owner’s manual described in paragraph (1), or with any other eligibility requirement established by the Secretary related to the maintenance and upkeep responsibilities of the non-Federal interest, the Secretary shall consider the non-Federal interest to be eligible for repair and rehabilitation assistance under this section if the non-Federal interest—
“(i) enters into a written agreement with the Secretary that identifies any items of deferred or inadequate maintenance and upkeep identified by the Secretary prior to the natural disaster; and
“(ii) pays, during performance of the repair and rehabilitation work, all costs to address—
“(I) any items of deferred or inadequate maintenance and upkeep identified by the Secretary; and
“(II) any repair or rehabilitation work necessary to address damage the Secretary attributes to such deferred or inadequate maintenance or upkeep.
“(B) Eligibility—The Secretary may only enter into one agreement under subparagraph (A) with any non-Federal interest.
changed
“(C) Sunset—The authority of the Secretary to enter into agreements under paragraph (2) shall terminate on the date that is 5 years after the date of enactment of this Act.”paragraph.”
in paragraph (3) (as so redesignated), by striking “this subsection” and inserting “paragraph (1)”.
122. Study on natural infrastructure at Corps of Engineers projects
changed
Definition of natural feature and nature-Based nature-based feature— In this section, the terms natural feature and nature-based feature have the meanings given those terms in section 1184(a) of the Water Resources Development Act of 2016 (33 U.S.C. 2289a(a)).
Study— Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct, 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 report on the results of a study on the consideration by the Secretary of natural infrastructure, natural features, and nature-based features in the study of the feasibility of projects for flood risk management, hurricane and storm damage risk reduction, and ecosystem restoration.
Requirements— The study under subsection (b) shall include—
a description of guidance or instructions issued, and other measures taken, by the Secretary to consider natural infrastructure, natural features, and nature-based features in project feasibility studies;
an assessment, based on information from relevant Federal and non-Federal sources, of—
the costs, benefits, and effects associated with natural infrastructure, natural features, and nature-based features recommended by the Secretary for flood risk management, hurricane and storm damage risk reduction, and ecosystem restoration; and
the effectiveness of natural infrastructure, natural features, and nature-based features;
an analysis of projects for flood risk management, hurricane and storm damage risk reduction, and ecosystem restoration that have incorporated natural infrastructure, natural features, or nature-based features to identify best practices, including for measuring project benefits and costs;
a description of any statutory, fiscal, regulatory, or other policy barriers to the appropriate consideration and use of a full array of natural infrastructure, natural features, and nature-based features in carrying out feasibility studies and projects; and
any recommendations for changes to law, or to fiscal, regulatory, or other policies, to improve the use of natural infrastructure, natural features, and nature-based features by the Corps of Engineers in carrying out feasibility studies and projects.
123. Review of Corps of Engineers assets
Section 6002 of the Water Resources Reform and Development Act of 2014 (128 Stat. 1349) is amended to read as follows:
“6002. Review of Corps of Engineers assets
“(a) Assessment—The Secretary shall conduct an assessment of projects constructed by the Secretary for which the Secretary continues to have financial or operational responsibility.
“(b) Inventory—Not later than 18 months after the date of enactment of the Water Resources Development Act of 2020, the Secretary shall, based on the assessment carried out under subsection (a), develop an inventory of projects or portions of projects—
changed
“(1) that are not needed for the missions of the Corps of Engineers; orEngineers;
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“(2) the modification of which, including though the use of natural features or nature-based features (as those terms are defined in section 1184(a) of the Water Resources Development Act of 2016 (33 U.S.C. 2289a(a)), could improve the sustainable operations of the project, or reduce operation and maintenance costs for the project.project; or
added “(3) that are no longer having project purposes adequately met by the Corps of Engineers, because of deferment of maintenance or other challenges, and the divestment of which to a non-Federal entity could better meet the local and regional needs for operation and maintenance.
“(c) Criteria—In conducting the assessment under subsection (a) and developing the inventory under subsection (b), the Secretary shall use the following criteria:
“(1) The extent to which the project aligns with the current missions of the Corps of Engineers.
“(2) The economic and environmental impacts of the project on existing communities in the vicinity of the project.
“(3) The extent to which the divestment or modification of the project could reduce operation and maintenance costs of the Corps of Engineers.
“(4) The extent to which the divestment or modification of the project is in the public interest.
“(5) The extent to which investment of additional Federal resources in the project proposed for divestment or modification, including investment needed to bring the project to a good state of repair, is in the public interest.
“(6) The extent to which the authorized purpose of the project is no longer being met.
“(d) Recommendations of non-Federal interests—A non-Federal interest for a project may recommend that the Secretary include such project in the assessment or inventory required under this section.
“(e) Report to Congress
“(1) In general—Upon completion of the inventory required by subsection (b), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, and make publicly available, a report containing the findings of the Secretary with respect to the assessment and inventory required under this section.
“(2) Inclusion—The Secretary shall list in an appendix any recommendation of a non-Federal interest made with respect to a project under subsection (d) that the Secretary determines not to include in the inventory developed under subsection (b), based on the criteria in subsection (c), including information about the request and the reasons for the Secretary’s determination.”
128. Harmful algal bloom demonstration program
In general— The Secretary shall carry out a demonstration program to determine the causes of, and implement measures to effectively detect, prevent, treat, and eliminate, harmful algal blooms associated with water resources development projects.
Consultation; use of existing data and program authorities— In carrying out the demonstration program under subsection (a), the Secretary shall—
consult with the heads of appropriate Federal and State agencies; and
make maximum use of existing Federal and State data and ongoing programs and activities of Federal and State agencies, including the activities of the Secretary carried out through the Engineer Research and Development Center pursuant to section 1109 of the Water Resources Development Act of 2018 (33 U.S.C. 610 note).
changed
Focus areas— In carrying out the demonstration program under subsection (a), the Secretary shall undertake program activities related to harmful algal blooms in the Great Lakes, the tidal and inland waters of the State of New Jersey, the coastal and tidal waters of the State of Louisiana, the waterways of the counties that comprise the Sacramento-San Joaquin Delta, California, and Lake Okeechobee, Florida.
132. Cost and benefit feasibility assessment
added
In general— Section 5(a)(2)(B) of the Act of August 18, 1941 (33 U.S.C. 701n(a)(2)(B)) is amended—
added
in clause (i)(I), by inserting “, or provide contributions equal to,” after “pay”; and
removed
Section 5(a)(2)(B) of the Act of August 18, 1941 (33 U.S.C. 701n(a)(2)(B)) is amended—
removed
in clause (i)(I), by inserting “or contribute” after “pay”; and
renumbered
was (4)
in clause (ii)—
renumbered
was (4)(2)
in the heading, by inserting “and contributions” after “of payments”;
renumbered
was (4)(3)
by inserting “or contributions” after “Non-Federal payments”; and
renumbered
was (4)(4)
by inserting “or contributions” after “non-Federal payments”.
added
Continued eligibility— Section 1161(b) of the Water Resources Development Act of 2018 (33 U.S.C. 701n note) is amended—
added
in the matter preceding paragraph (1)—
added
by striking the “three fiscal years preceding” and inserting “five fiscal years preceding”; and
added
by striking “last day of the third fiscal year” and inserting “last day of the fifth fiscal year”;
added
in paragraph (1), by inserting “, or provide contributions equal to,” before “an amount sufficient”; and
added
by striking paragraph (2) and inserting the following:
added “(2) the Secretary determines that the damage to the structure was not as a result of negligent operation or maintenance.”
135. National Dam Safety Program
Definitions— Section 2 of the National Dam Safety Program Act (33 U.S.C. 467) is amended—
added
in paragraph (4)—
renumbered
was (2)(3)
in subparagraph (A)—
renumbered
was (2)(3)(2)
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;”
renumbered
was (2)(3)(3)
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.”
renumbered
was (2)(4)
in subparagraph (B)(i), by inserting “under a hydropower project with an authorized installed capacity of greater than 1.5 megawatts” after “dam”; and
renumbered
was (2)(5)
in paragraph (10)—
renumbered
was (2)(5)(2)
in the heading, by striking “Non-Federal sponsor” and inserting “Eligible subrecipient”; and
renumbered
was (2)(5)(3)
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”;
changed
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,”;subrecipient”;
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,”;
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”.
139. Cost sharing provisions for territories and Indian Tribes
addedadded Section 1156(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2310(b)) is amended by striking “inflation” and all that follows through the period at the end and inserting “on an annual basis for inflation.”.
140. Flood control and other purposes
addedadded Section 103(k) of the Water Resources Development Act of 1986 (33 U.S.C. 2213) is amended—
added
by striking “Except as” and inserting the following:
added “(1) In general—Except as”
added
by adding at the end the following:
added “(2) Renegotiation of terms
added “(A) In general—At the request of a non-Federal interest, the Secretary and the non-Federal interest may renegotiate the terms and conditions of an eligible deferred payment, including—
added “(i) permitting the non-Federal contribution to be made without interest, pursuant to paragraph (1);
added “(ii) recalculation of the interest rate;
added “(iii) full or partial forgiveness of interest accrued during the period of construction; and
added “(iv) a credit against construction interest for a non-Federal investment that benefits the completion or performance of the project or separable element.
added “(B) Eligible deferred payment—An eligible deferred payment agreement under subparagraph (A) is an agreement for which—
added “(i) the non-Federal contribution was made with interest;
added “(ii) the period of project construction exceeds 10 years from the execution of a project partnership agreement or appropriation of funds; and
added “(iii) the construction interest exceeds $45,000,000.
added “(C) Credit for non-Federal contribution
added “(i) In general—The Secretary is authorized to credit any costs incurred by the non-Federal interest (including in-kind contributions) to remedy a design or construction deficiency of a covered project or separable element toward the non-Federal share of the cost of the covered project, if the Secretary determines the remedy to be integral to the completion or performance of the covered project.
added “(ii) Credit of costs—If the non-Federal interest incurs costs or in-kind contributions for a project to remedy a design or construction deficiency of a project or separable element which has a 100 percent Federal cost share, and the Secretary determines the remedy to be integral to the completion or performance of the project, the Secretary is authorized to credit such costs to any interest accrued on a deferred non-Federal contribution.”
141. Review of contracting policies
added
added
In general— Not later than 180 days after the date of enactment of this section, the Secretary shall complete a review of the policies, guidelines, and regulations of the Corps of Engineers for the development of contractual agreements between the Secretary and non-Federal interests and utilities associated with the construction of water resources development projects.
added
Report— Not later than 90 days after completing the review under subsection (a), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, and make publicly available, a report that includes—
added
a summary of the results of the review; and
added
public guidance on best practices for non-Federal interest to use when writing or developing contractual agreements with the Secretary and utilities.
added
Provision of guidance— The Secretary shall provide the best practices guidance included under subsection (b)(2) to non-Federal interests prior to the development of contractual agreements.
142. Buy America
addedadded With respect to all Corps of Engineers construction and rehabilitation contracts to be awarded after the date of enactment of this Act, the steel components furnished and delivered under such contracts shall be manufactured or fabricated in whole or substantial part in the United States with steel produced or made in the United States, its territories, or possessions.
143. Annual report on status of feasibility studies
addedadded Concurrent with each report submitted under section 7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works a report that provides for an accounting of all outstanding feasibility studies being conducted by the Secretary, including, for each such study, its length, cost, and expected completion date.
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.
added
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).
renumbered
was (2)(18)
Lower St. Croix River, Minnesota— Project for flood risk management, ecosystem restoration, and recreation, Lower St. Croix River, Minnesota.
renumbered
was (2)(19)
Escatawpa River Basin, Mississippi— Project for flood risk management and ecosystem restoration, Escatawpa River, Jackson County, Mississippi.
renumbered
was (2)(20)
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.
renumbered
was (2)(21)
Pascagoula River Basin, Mississippi— Project for comprehensive watershed study, Pascagoula, Mississippi.
renumbered
was (2)(22)
Tallahoma and Tallahala creeks, Mississippi— Project for flood risk management, Leaf River, Jones County, Mississippi.
renumbered
was (2)(23)
Lower Osage River Basin, Missouri— Project for ecosystem restoration, Lower Osage River Basin, Missouri.
added
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.
removed
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 non-structural measures to achieve the project purpose.
renumbered
was (2)(25)
Lake Ontario shoreline, New York— Project for coastal storm resiliency, Lake Ontario shoreline, New York.
renumbered
was (2)(26)
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.
renumbered
was (2)(27)
Reel Point Preserve, New York— Project for navigation and shoreline stabilization, Reel Point Preserve, New York.
renumbered
was (2)(28)
Goldsmith Inlet, New York— Project for navigation, Goldsmith Inlet, New York.
renumbered
was (2)(29)
Tuscarawas River Basin, Ohio— Project for comprehensive watershed study, Tuscarawas River Basin, Ohio.
renumbered
was (2)(30)
Lower Columbia River Basin (turning basin), Oregon and Washington— Project to improve 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).
renumbered
was (2)(31)
Williamsport, Pennsylvania— Project for flood risk management and levee rehabilitation, greater Williamsport, Pennsylvania.
renumbered
was (2)(32)
City of Charleston, South Carolina— Project for tidal- and inland-related flood risk management, Charleston, South Carolina.
renumbered
was (2)(33)
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.
added
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.
removed
Port Arthur and vicinity, Texas— Modification of the project for hurricane and storm damage risk reduction, Port Arthur and vicinity, Texas, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1184), to reduce the residual risk of flooding through the construction of improvements to interior drainage.
renumbered
was (2)(35)
Port of Victoria, Texas— Project for flood risk management, Port of Victoria, Texas.
renumbered
was (2)(36)
Lower Fox River Basin, Wisconsin— Project for comprehensive watershed study, Lower Fox River Basin, Wisconsin.
renumbered
was (2)(37)
Upper Fox River and Wolf River, Wisconsin— Project for flood risk management and ecosystem restoration, Upper Fox River and Wolf River, Wisconsin.
changed
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 vicinity, Orange County, Texas, identified in subsection (b)(32) shall (a)(33) to be considered 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, 2004.2004, 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).
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.
added
Project for flood risk management, Lower Cache Creek, California.
renumbered
was (2)(9)
Project for flood damage reduction and ecosystem restoration, Mission-Zanja Channel, cities of San Bernardino and Redlands, California.
added
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).
renumbered
was (2)(10)
Project for flood risk management, Prado Basin, California.
renumbered
was (2)(11)
Project to modify the project for navigation, San Francisco Bay to Stockton, California.
renumbered
was (2)(12)
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.
added
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.
removed
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. 1262) to include the construction of a turning basin located near the Packer Avenue Marine Terminal.
renumbered
was (2)(14)
Project for ecosystem restoration, Central and Southern Florida Project Canal 111 (C–111), South Dade County, Florida.
renumbered
was (2)(15)
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).
renumbered
was (2)(16)
Project for flood risk management, Wheaton, DuPage County, Illinois.
renumbered
was (2)(17)
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).
added
Project for flood control, Amite River and Tributaries east of the Mississippi River, Louisiana.
added
Project for coastal storm risk management, Upper Barataria Basin, Louisiana.
added
Project to replace the Bourne and Sagamore Bridges, Cape Cod, Massachusetts.
renumbered
was (2)(18)
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).
added
Project for flood risk management, Rahway River Basin, New Jersey.
renumbered
was (2)(19)
Project for hurricane and storm damage risk reduction, Raritan Bay and Sandy Hook Bay, Highlands, New Jersey.
renumbered
was (2)(20)
Project for navigation, Shark River, New Jersey.
renumbered
was (2)(21)
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).
renumbered
was (2)(22)
Project for ecosystem restoration and hurricane and storm damage risk reduction, Spring Creek South (Howard Beach), Queens, New York.
added
Project to resolve increased silting and shoaling adjacent to the Federal channel, Port of Bandon, Coquille River, Oregon.
renumbered
was (2)(23)
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).
renumbered
was (2)(24)
Project for ecosystem restoration, Hood River at the confluence with the Columbia River, Oregon.
renumbered
was (2)(25)
Project for flood risk management, Rio Culebrinas, Puerto Rico.
renumbered
was (2)(26)
Project for flood risk management, Rio Grande de Manati, Puerto Rico.
renumbered
was (2)(27)
Project for flood risk management, Rio Guayanilla, Puerto Rico.
renumbered
was (2)(28)
Project for flood risk management, Dorchester County, South Carolina.
renumbered
was (2)(29)
Project for navigation, Georgetown Harbor, South Carolina.
renumbered
was (2)(30)
Project for hurricane and storm damage risk reduction, Myrtle Beach, South Carolina.
renumbered
was (2)(31)
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.
renumbered
was (2)(32)
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).
added
Project for hurricane and storm damage risk reduction and shoreline erosion protection, Bolongo Bay, St. Thomas, United States Virgin Islands.
renumbered
was (2)(33)
Project for flood risk management, Savan Gut Phase II, St. Thomas, United States Virgin Islands.
renumbered
was (2)(34)
Project for flood risk management, Turpentine Run, St. Thomas, United States Virgin Islands.
renumbered
was (2)(35)
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.
Disposition study— 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.
203. Feasibility study modifications
San Francisco Bay, California— Section 142 of the Water Resources Development Act of 1976 (90 Stat. 2930) is amended—
removed
by inserting “, San Francisco, Marin,” after “Sonoma”;
renumbered
was (2)(4)
by inserting “, and along the ocean shoreline of San Mateo, San Francisco, and Marin Counties,” after “Sacramento and San Joaquin Rivers”;
renumbered
was (2)(5)
by inserting “and, with respect to the bay and ocean shorelines of San Mateo, San Francisco, and Marin Counties, the feasibility of and the Federal interest in providing measures to adapt to rising sea levels” after “tidal and fluvial flooding”;
renumbered
was (2)(6)
by striking “investigation” and inserting in its place “investigations”; and
renumbered
was (2)(7)
by inserting after “San Francisco Bay region” the following: “and, with respect to the bay and ocean shorelines and streams running to the bay and ocean shorelines of San Mateo, San Francisco, and Marin Counties, the effects of proposed measures or improvements on the local economy; habitat restoration, enhancement, or expansion efforts or opportunities; public infrastructure protection and improvement; stormwater runoff capacity and control measures, including those that may mitigate flooding; erosion of beaches and coasts; and any other measures or improvements relevant to adapting to rising sea levels”.
Sacramento River, southern Sutter County, California— The study for flood control and allied purposes for the Sacramento River Basin, authorized by section 209 of the Flood Control Act of 1962 (76 Stat. 1197), is modified to authorize the Secretary to conduct a study for flood risk management, southern Sutter County between the Sacramento River and Sutter Bypass, California.
Salton Sea, California— In carrying out the program to implement projects to restore the Salton Sea, California, authorized by section 3032 of the Water Resources Development Act of 2007 (121 Stat. 1113; 130 Stat. 1677), the Secretary is authorized to carry out a study for the construction of a perimeter lake, or a northern or southern subset thereof, for the Salton Sea, California.
changed
New York and New Jersey Harbor and Tributaries, New York and New Jersey— The study for flood and storm damage reduction for the New York and New Jersey Harbor and Tributaries project, authorized by the Act of June 15, 1955 (chapter 140, 69 Stat. 132), and being carried out pursuant to the Disaster Relief Appropriations Act, 2013 (Public Law 113–2), is modified to require the Secretary to—
evaluate and address the impacts of low-frequency precipitation and sea-level rise on the study area;
consult with affected communities; and
ensure the study is carried out in accordance with section 1001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282c).
206. Lake Okeechobee regulation schedule, Florida
changed
In general— In carrying out the comprehensive assessment of water resources needs for the Great Lakes System under section 729 review of the Water Resources Development Act of 1986 (33 U.S.C. 2267a), as required by Lake Okeechobee regulation schedule pursuant to section 1219 1106 of the Water Resources Development Act of 2018 (132 Stat. 3811), 3773), the Secretary shall—
changed
taking into account recent high lake levels within evaluate the Great Lakes, assess implications of prohibiting releases from Lake Okeechobee through the S–308 and make recommendations S–80 lock and dam structures on the operation of the lake in accordance with authorized purposes and seek to Congress on—minimize unnecessary releases to coastal estuaries; and
removed
coastal storm and flood risk management measures, including measures that use natural features and nature-based features, as those terms are defined in section 1184 of the Water Resources Development Act of 2016 (33 U.S.C. 2289a);
removed
operation and maintenance of the Great Lakes Navigation System, as such term is defined in section 210 of the Water Resources Development Act of 1986 (33 U.S.C. 2238);
removed
ecosystem protection and restoration;
removed
the prevention and control of invasive species and the effects of invasive species; and
removed
recreation associated with water resources development projects;
changed
prioritize actions necessary to protect critical public infrastructure, communities, the maximum extent practicable, coordinate with the ongoing efforts of Federal and critical natural or cultural resources; andState agencies responsible for monitoring, forecasting, and notification of cyanobacteria levels in Lake Okeechobee.
added
Monthly report— Each month, the Secretary shall make public a report, which may be based on the Water Management Daily Operational Reports, disclosing the volumes of water deliveries to or discharges from Lake Okeechobee & Vicinity, Water Conservation Area I, Water Conservation Area II, Water Conservation Area III, East Coast Canals, and the South Dade Conveyance. Such report shall be aggregated and reported in a format designed for the general public, using maps or other widely understood communication tools.
removed
to the maximum extent practicable and where appropriate, utilize existing data provided to the Secretary by Federal and State agencies, Indian Tribes, and other stakeholders, including data obtained through other Federal programs.
removed
Recommendations; additional study—
removed
In general— In carrying out the comprehensive assessment described in subsection (a), the Secretary may make a recommendation to Congress for—
removed
the construction of a water resources development project;
removed
the structural or operational modification of an existing water resources development project;
removed
such additional monitoring of, or adaptive management measures to carry out with respect to, existing water resources development projects, to respond to changing hydrologic and climatic conditions; or
removed
geographic areas within the Great Lakes System for additional study by the Secretary.
removed
Additional considerations— Any feasibility study carried out pursuant to a recommendation under paragraph (1)(D) shall be considered to be a continuation of the comprehensive assessment described in subsection (a).
changed
Exemption from maximum study cost and duration limitations—Effect— Section 1001 In carrying out the evaluation under subsection (a)(1), nothing shall be construed to authorize any new purpose for the management of Lake Okeechobee or authorize the Water Resources Reform Secretary to affect any existing authorized purpose, including flood protection and Development Act management of 2014 (33 U.S.C. 2282c) shall not apply Lake Okeechobee to any study recommended under subsection (b)(1)(D).provide water supply for all authorized users.
207. Great Lakes Coastal Resiliency Study
added
In general— In carrying out the comprehensive assessment of water resources needs for the Great Lakes System under section 729 of the Water Resources Development Act of 1986 (33 U.S.C. 2267a), as required by section 1219 of the Water Resources Development Act of 2018 (132 Stat. 3811), the Secretary shall—
added
taking into account recent high lake levels within the Great Lakes, assess and make recommendations to Congress on—
added
coastal storm and flood risk management measures, including measures that use natural features and nature-based features, as those terms are defined in section 1184 of the Water Resources Development Act of 2016 (33 U.S.C. 2289a);
added
operation and maintenance of the Great Lakes Navigation System, as such term is defined in section 210 of the Water Resources Development Act of 1986 (33 U.S.C. 2238);
added
ecosystem protection and restoration;
added
the prevention and control of invasive species and the effects of invasive species; and
added
recreation associated with water resources development projects;
added
prioritize actions necessary to protect critical public infrastructure, communities, and critical natural or cultural resources; and
added
to the maximum extent practicable and where appropriate, utilize existing data provided to the Secretary by Federal and State agencies, Indian Tribes, and other stakeholders, including data obtained through other Federal programs.
added
Recommendations; additional study—
added
In general— In carrying out the comprehensive assessment described in subsection (a), the Secretary may make a recommendation to Congress for—
added
the construction of a water resources development project;
added
the structural or operational modification of an existing water resources development project;
added
such additional monitoring of, or adaptive management measures to carry out with respect to, existing water resources development projects, to respond to changing hydrologic and climatic conditions; or
added
geographic areas within the Great Lakes System for additional study by the Secretary.
added
Additional considerations— Any feasibility study carried out pursuant to a recommendation under paragraph (1)(D) shall be considered to be a continuation of the comprehensive assessment described in subsection (a).
removed
Not later than 1 year 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 evaluates—
removed
the existing allocations of storage space for Rathbun Lake, authorized pursuant to the Flood Control Act of 1954 (68 Stat. 1262; 121 Stat. 1124), including the existing allocation for municipal water supply;
changed
Exemption from maximum study cost and duration limitations— the feasibility Section 1001 of expanding the existing allocation Water Resources Reform and Development Act of storage for municipal water supply; and2014 (33 U.S.C. 2282c) shall not apply to any study recommended under subsection (b)(1)(D).
removed
the affordability of future municipal water supply allocations from Rathbun Lake, for residential users of such future allocations, at projected future costs.
208. Rathbun Lake, Chariton River, Iowa
changed
Not later than 1 year after the date of enactment of this Act, the Coastal Louisiana Ecosystem Protection and Restoration Task Force established by section 7004 of Water Resources Development Act of 2007 (121 Stat. 1272) Secretary shall submit to Congress a report that summarizes the activities Committee on Transportation and recommendations Infrastructure of the task force, including—House of Representatives and the Committee on Environment and Public Works of the Senate a report that evaluates—
changed
policies, strategies, plans, programs, projects, and activities undertaken the existing allocations of storage space for addressing conservation, protection, restoration, and maintenance Rathbun Lake, authorized pursuant to the Flood Control Act of 1954 (68 Stat. 1262; 121 Stat. 1124), including the coastal Louisiana ecosystem; andexisting allocation for municipal water supply;
changed
financial participation by each agency represented on the Task Force in conserving, protecting, restoring, and maintaining feasibility of expanding the coastal Louisiana ecosystem.existing allocation of storage for municipal water supply; and
added
the affordability of future municipal water supply allocations from Rathbun Lake, for residential users of such future allocations, at projected future costs.
209. Report on the status of restoration in the Louisiana coastal area
added Not later than 1 year after the date of enactment of this Act, the Coastal Louisiana Ecosystem Protection and Restoration Task Force established by section 7004 of Water Resources Development Act of 2007 (121 Stat. 1272) shall submit to Congress a report that summarizes the activities and recommendations of the task force, including—
removed
Comprehensive study— The Secretary shall conduct a comprehensive study of the Lower Mississippi River basin, from Cape Girardeau, Missouri, to the Gulf of Mexico, to identify actions to be undertaken by the Secretary for the comprehensive management of the basin for the purposes of flood risk management, navigation, ecosystem restoration, water supply, hydropower, and recreation.
changed
Consultation and use of existing data— In conducting the comprehensive study under subsection (a), the Secretary shall consult with applicable Federal, State, and local agencies, Indian Tribes, non-Federal interests, policies, strategies, plans, programs, projects, and other stakeholders, and, to the maximum extent practicable activities undertaken for addressing conservation, protection, restoration, and where appropriate, make use maintenance of existing data provided to the Secretary by such parties.coastal Louisiana ecosystem; and
added
financial participation by each agency represented on the Task Force in conserving, protecting, restoring, and maintaining the coastal Louisiana ecosystem.
removed
Recommendations—
removed
In general— In conducting the comprehensive study under subsection (a), the Secretary may develop a recommendation to Congress for—
removed
the construction of a water resources development project;
removed
the structural or operational modification of an existing water resources development project;
removed
such additional monitoring of, or adaptive management measures to carry out with respect to, existing water resources development projects, to respond to changing conditions; or
removed
geographic areas within the Lower Mississippi River basin for additional study by the Secretary.
removed
Additional considerations— Any feasibility study carried out pursuant to a recommendation under paragraph (1)(D) shall be considered to be a continuation of the comprehensive study required under subsection (a).
removed
Completion of study; report to Congress— Not later than 3 years after the date of enactment of this section, 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 detailing—
removed
the results of the comprehensive study required by this section, including any recommendations developed under subsection (c); and
removed
any interim actions relating to existing water resources development projects undertaken by the Secretary during the study period.
210. Lower Mississippi River comprehensive study
added
Comprehensive study—
added
In general— The Secretary shall conduct a comprehensive study of the Lower Mississippi River basin, from Cape Girardeau, Missouri, to the Gulf of Mexico, to identify actions to be undertaken by the Secretary for the comprehensive management of the basin for the purposes of flood risk management, navigation, ecosystem restoration, water supply, hydropower, and recreation.
added
Focus areas— In conducting the comprehensive study under paragraph (1), the Secretary shall investigate projects, including—
added
projects proposed in the comprehensive coastal protection master plan entitled “Louisiana Comprehensive Master Plan for a Sustainable Coast” prepared by the State of Louisiana and accepted by the Louisiana Coastal Protection and Restoration Authority (including any subsequent amendments or revisions), including—
added
Ama sediment diversion;
added
Union freshwater diversion;
added
increase Atchafalaya flow to Terrebonne; and
added
Manchac Landbridge diversion; and
added
natural features and nature-based features, including levee setbacks and instream and floodplain restoration.
removed
Assessment— The Secretary shall conduct an assessment of the water resources needs of the Upper Mississippi River under section 729 of the Water Resources Development Act of 1986 (33 U.S.C. 2267a).
changed
Requirements—Consultation and use of existing data— The Secretary shall carry out In conducting the assessment comprehensive study under subsection (a) in accordance (a), the Secretary shall consult with applicable Federal, State, and local agencies, Indian Tribes, non-Federal interests, and other stakeholders, and, to the requirements in section 1206(b) of Water Resources Development Act maximum extent practicable and where appropriate, make use of 2016 (130 Stat. 1686).existing data provided to the Secretary by such parties.
added
Recommendations—
added
In general— In conducting the comprehensive study under subsection (a), the Secretary may develop a recommendation to Congress for—
added
the construction of a water resources development project;
added
the structural or operational modification of an existing water resources development project;
added
such additional monitoring of, or adaptive management measures to carry out with respect to, existing water resources development projects, to respond to changing conditions; or
added
geographic areas within the Lower Mississippi River basin for additional study by the Secretary.
added
Additional considerations— Any feasibility study carried out pursuant to a recommendation under this subsection shall be considered to be a continuation of the comprehensive study required under subsection (a).
added
Completion of study; report to Congress— Not later than 3 years after the date of enactment of this section, 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 detailing—
added
the results of the comprehensive study required by this section, including any recommendations developed under subsection (c); and
added
any interim actions relating to existing water resources development projects undertaken by the Secretary during the study period.
211. Upper Mississippi River Comprehensive Plan
added
Assessment— The Secretary shall conduct an assessment of the water resources needs of the Upper Mississippi River under section 729 of the Water Resources Development Act of 1986 (33 U.S.C. 2267a).
removed
Additional studies—
removed
In general— Except as provided in paragraph (2), upon the request of the non-Federal interest for the Lower Missouri Basin study, the Secretary shall expand the scope of such study to investigate and provide recommendations relating to—
removed
modifications to projects in Iowa, Kansas, Nebraska, and Missouri authorized under the Pick-Sloan Missouri River Basin Program (authorized by section 9(b) of the Flood Control Act of December 22, 1944 (chapter 665, 58 Stat. 891)) and the Missouri River Bank Stabilization and Navigation project (authorized by section 2 of the Act of March 2, 1945 (chapter 19, 59 Stat. 19)), including modifications to the authorized purposes of such projects to further flood risk management and resiliency; and
removed
modifications to non-Federal, publicly owned levees in the Lower Missouri River Basin.
removed
Exception— If the Secretary determines that expanding the scope of the Lower Missouri Basin study as provided in paragraph (1) is not practicable, and the non-Federal interest for such study concurs in such determination, the Secretary shall carry out such additional studies as are necessary to investigate the modifications described in paragraph (1).
removed
Continuation of Lower Missouri Basin study— The following studies shall be considered a continuation of the Lower Missouri Basin study:
removed
Any additional study carried out under paragraph (2).
removed
Any study recommended to be carried out in a report that the Chief of Engineers prepares for the Lower Missouri Basin study.
removed
Any study recommended to be carried out in a report that the Chief of Engineers prepares for an additional study carried out under paragraph (2).
removed
Any study spun off from the Lower Missouri Basin study before the completion of such study.
removed
Any study spun off from an additional study carried out under paragraph (2) before the completion of such additional study.
removed
Reliance on existing information— In carrying out any study described in or authorized by this section, the Secretary, to the extent practicable, shall rely on existing data and analysis, including data and analysis prepared under section 22 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–16).
removed
Consideration; consultation— In developing recommendations under paragraph (1), the Secretary shall—
removed
consider the use of—
removed
structural and nonstructural measures, including the setting back of levees and removing structures from areas of recurring flood vulnerability, where advantageous, to reduce flood risk and damages in the Lower Missouri River Basin; and
removed
where such features are locally acceptable, natural features or nature-based features (as such terms are defined in section 1184 of the Water Resources Development Act of 2016 (33 U.S.C. 2289a); and
removed
consult with applicable Federal and State agencies, Indian Tribes, and other stakeholders within the Lower Missouri River Basin and solicit public comment on such recommendations.
removed
Exemption from maximum study cost and duration limitations— Section 1001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282c) shall not apply to the Lower Missouri Basin study or any study described in paragraph (3).
removed
Preconstruction, engineering, and design— Upon completion of a study authorized by this section, if the Secretary determines that a recommended project, or modification to a project described in paragraph (1), is justified, the Secretary may proceed directly to preconstruction planning, engineering, and design of the project or modification.
removed
Technical assistance—
removed
In general— For the provision of technical assistance to support small communities and economically disadvantaged communities in the planning and design of flood risk management and flood risk resiliency projects in the Lower Missouri River Basin, for each of fiscal years 2021 through 2026, there are authorized to be appropriated—
removed
$2,000,000 to carry out section 206 of the Flood Control Act of 1960 (33 U.S.C. 709a), in addition to amounts otherwise authorized to carry out such section; and
removed
$2,000,000 to carry out section 22(a)(2) of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–16), in addition to amounts otherwise authorized to carry out such section.
removed
Conditions—
removed
Limitations not applicable— The limitations on the use of funds in section 206(d) of the Flood Control Act of 1960 and section 22(c)(2) of the Water Resources Development Act of 1974 shall not apply to the amounts authorized to be appropriated by subparagraph (A).
removed
Rule of construction— Nothing in this paragraph restricts the authority of the Secretary to use any funds otherwise appropriated to carry out section 206 of the Flood Control Act of 1960 or section 22(a)(2) of the Water Resources Development Act of 1974 to provide technical assistance described in subparagraph (A).
removed
Completion of study; report to Congress— Not later than 3 years 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 detailing—
removed
the results of the study authorized by this section;
removed
any additional, site-specific areas within the Lower Missouri River Basin for which additional study for flood risk management projects is recommended by the Secretary; and
removed
any interim actions relating to existing water resources development projects undertaken by the Secretary during the study period.
changed
Definitions—Requirements— In this section:The Secretary shall carry out the assessment under subsection (a) in accordance with the requirements in section 1206(b) of Water Resources Development Act of 2016 (130 Stat. 1686).
removed
Lower Missouri Basin study— The term Lower Missouri Basin study means the Lower Missouri Basin Flood Risk and Resiliency Study, Iowa, Kansas, Nebraska, and Missouri, authorized pursuant to section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a).
removed
Small community— The term small community means a local government that serves a population of less than 15,000.
212. Lower Missouri Basin Flood Risk and Resiliency Study, Iowa, Kansas, Nebraska, and Missouri
added
Additional studies—
added
In general— Except as provided in paragraph (2), upon the request of the non-Federal interest for the Lower Missouri Basin study, the Secretary shall expand the scope of such study to investigate and provide recommendations relating to—
added
modifications to projects in Iowa, Kansas, Nebraska, and Missouri authorized under the Pick-Sloan Missouri River Basin Program (authorized by section 9(b) of the Flood Control Act of December 22, 1944 (chapter 665, 58 Stat. 891)) and the Missouri River Bank Stabilization and Navigation project (authorized by section 2 of the Act of March 2, 1945 (chapter 19, 59 Stat. 19)), including modifications to the authorized purposes of such projects to further flood risk management and resiliency; and
added
modifications to non-Federal, publicly owned levees in the Lower Missouri River Basin.
added
Exception— If the Secretary determines that expanding the scope of the Lower Missouri Basin study as provided in paragraph (1) is not practicable, and the non-Federal interest for such study concurs in such determination, the Secretary shall carry out such additional studies as are necessary to investigate the modifications described in paragraph (1).
added
Continuation of Lower Missouri Basin study— The following studies shall be considered a continuation of the Lower Missouri Basin study:
added
Any additional study carried out under paragraph (2).
added
Any study recommended to be carried out in a report that the Chief of Engineers prepares for the Lower Missouri Basin study.
added
Any study recommended to be carried out in a report that the Chief of Engineers prepares for an additional study carried out under paragraph (2).
added
Any study spun off from the Lower Missouri Basin study before the completion of such study.
added
Any study spun off from an additional study carried out under paragraph (2) before the completion of such additional study.
added
Reliance on existing information— In carrying out any study described in or authorized by this section, the Secretary, to the extent practicable, shall rely on existing data and analysis, including data and analysis prepared under section 22 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–16).
added
Consideration; consultation— In developing recommendations under paragraph (1), the Secretary shall—
added
consider the use of—
added
structural and nonstructural measures, including the setting back of levees and removing structures from areas of recurring flood vulnerability, where advantageous, to reduce flood risk and damages in the Lower Missouri River Basin; and
added
where such features are locally acceptable, natural features or nature-based features (as such terms are defined in section 1184 of the Water Resources Development Act of 2016 (33 U.S.C. 2289a); and
added
consult with applicable Federal and State agencies, Indian Tribes, and other stakeholders within the Lower Missouri River Basin and solicit public comment on such recommendations.
added
Exemption from maximum study cost and duration limitations— Section 1001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282c) shall not apply to the Lower Missouri Basin study or any study described in paragraph (3).
added
Preconstruction, engineering, and design— Upon completion of a study authorized by this section, if the Secretary determines that a recommended project, or modification to a project described in paragraph (1), is justified, the Secretary may proceed directly to preconstruction planning, engineering, and design of the project or modification.
added
Technical assistance—
added
In general— For the provision of technical assistance to support small communities and economically disadvantaged communities in the planning and design of flood risk management and flood risk resiliency projects in the Lower Missouri River Basin, for each of fiscal years 2021 through 2026, there are authorized to be appropriated—
added
$2,000,000 to carry out section 206 of the Flood Control Act of 1960 (33 U.S.C. 709a), in addition to amounts otherwise authorized to carry out such section; and
added
$2,000,000 to carry out section 22(a)(2) of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–16), in addition to amounts otherwise authorized to carry out such section.
added
Conditions—
added
Limitations not applicable— The limitations on the use of funds in section 206(d) of the Flood Control Act of 1960 and section 22(c)(2) of the Water Resources Development Act of 1974 shall not apply to the amounts authorized to be appropriated by subparagraph (A).
added
Rule of construction— Nothing in this paragraph restricts the authority of the Secretary to use any funds otherwise appropriated to carry out section 206 of the Flood Control Act of 1960 or section 22(a)(2) of the Water Resources Development Act of 1974 to provide technical assistance described in subparagraph (A).
added
Completion of study; report to Congress— Not later than 3 years 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 detailing—
added
the results of the study authorized by this section;
added
any additional, site-specific areas within the Lower Missouri River Basin for which additional study for flood risk management projects is recommended by the Secretary; and
added
any interim actions relating to existing water resources development projects undertaken by the Secretary during the study period.
removed
Report— Not later than 2 years 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, and make publicly available, a report providing an initial analysis of deauthorizing hydropower as a project purpose at the Cougar and Detroit Dams project.
changed
Contents—Definitions— The Secretary shall include in the report submitted under subsection (a)—In this section:
changed
Lower Missouri Basin study— a description of The term Lower Missouri Basin study means the potential effects Lower Missouri Basin Flood Risk and Resiliency Study, Iowa, Kansas, Nebraska, and Missouri, authorized pursuant to section 216 of deauthorizing hydropower as a project purpose at the Cougar and Detroit Dams project on—Flood Control Act of 1970 (33 U.S.C. 549a).
removed
the operation of the project, including with respect to the other authorized purposes of the project;
removed
compliance of the project with the Endangered Species Act;
removed
costs that would be attributed to other authorized purposes of the project, including costs relating to compliance with such Act; and
removed
other ongoing studies in the Willamette River Basin; and
changed
Small community— identification The term small community means a local government that serves a population of any further research needed.less than 15,000.
removed
Project defined— In this section, the terms Cougar and Detroit Dams project and project mean the Cougar Dam and Reservoir project and Detroit Dam and Reservoir project, Willamette River Basin, Oregon, authorized by section 204 of the Flood Control Act of 1950 (64 Stat. 179).
213. Portsmouth Harbor and Piscataqua River and Rye Harbor, New Hampshire
changed
Not later than 180 days after the date of enactment of this Act, the Secretary shall, at Federal expense, 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 summary report on the research completed and data gathered by the date of enactment of this Act with regards to the configuration of Congress a breakwater for the project for navigation, Port Orford, Oregon, authorized by section 117 of the River and Harbor Act of 1970 (84 Stat. 1822; 106 Stat. 4809), for the purposes of addressing shoaling issues to minimize long-term maintenance costs.written status update regarding—
added
efforts to address the impacts of shoaling affecting the project for navigation, Rye Harbor, New Hampshire, authorized by section 101 of the River and Harbor Act of 1960 (74 Stat. 480); and
added
the project for navigation, Portsmouth Harbor and Piscataqua River, authorized by section 101 of the River and Harbor Act of 1962 (76 Stat. 1173), as required to be expedited under section 1317 of the Water Resources Development Act of 2018 (Public Law 115–270).
214. Cougar and Detroit Dams, Willamette River Basin, Oregon
added
Report— Not later than 2 years 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, and make publicly available, a report providing an initial analysis of deauthorizing hydropower as a project purpose at the Cougar and Detroit Dams project.
added
Contents— The Secretary shall include in the report submitted under subsection (a)—
added
a description of the potential effects of deauthorizing hydropower as a project purpose at the Cougar and Detroit Dams project on—
added
the operation of the project, including with respect to the other authorized purposes of the project;
added
compliance of the project with the Endangered Species Act;
added
costs that would be attributed to other authorized purposes of the project, including costs relating to compliance with such Act; and
added
other ongoing studies in the Willamette River Basin; and
added
identification of any further research needed.
added
Project defined— In this section, the terms Cougar and Detroit Dams project and project mean the Cougar Dam and Reservoir project and Detroit Dam and Reservoir project, Willamette River Basin, Oregon, authorized by section 204 of the Flood Control Act of 1950 (64 Stat. 179).
removed
Not later than 180 days after the date of enactment of this section, the Secretary shall submit to Congress a written status update regarding efforts to address flooding along Wilson Creek and Sloan Creek in the City of Fairview, Texas.
215. Port Orford, Oregon
changed
Not later than 18 months 180 days after the date of enactment of this Act, the Comptroller General Secretary shall, at Federal expense, submit to the Committee on Transportation and Infrastructure of the United States shall—House of Representatives and the Committee on Environment and Public Works of the Senate a summary report on the research completed and data gathered by the date of enactment of this Act with regards to the configuration of a breakwater for the project for navigation, Port Orford, Oregon, authorized by section 117 of the River and Harbor Act of 1970 (84 Stat. 1822; 106 Stat. 4809), for the purposes of addressing shoaling issues to minimize long-term maintenance costs.
removed
conduct a study on the mitigation of the impact of water resources development projects, including the impact on fish and wildlife, consistent with the requirements of section 906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283), section 307(a) of the Water Resources Development Act of 1990 (33 U.S.C. 2317(a)), and section 2036(b) of the Water Resources Development Act of 2007 (33 U.S.C. 2283a), including—
removed
an evaluation of guidance or instructions issued, and other measures taken, by the Secretary to ensure successful mitigation of such impacts;
removed
a review of the methods of mitigation, including the use of in-lieu fees, mitigation banking, and permittee-responsible mitigation, and their long-term effectiveness of restoring or mitigating ecosystem services impacted by such projects;
removed
a review of how the use of the different mitigation methods for such projects varies across Corps of Engineers districts;
removed
an assessment of the backlog of mitigation projects, including the number of mitigation projects pending completion to address such impacts resulting from constructed water resources development projects;
removed
an evaluation of how the Secretary tracks compliance with the mitigation requirements across Corps of Engineers districts;
removed
a review of how the mitigation requirements for water resources development projects contributes to the resilience of water resources in the United States;
removed
an assessment of whether mitigation is being done prior to or contemporaneously with the construction of projects, as required by section 906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283);
removed
an evaluation of compliance with section 906(d) of the Water Resources Development Act of 1986 (33 U.S.C. 2283(d)) for the development of specific mitigation plans for projects, whether such plans were successful in mitigating the designated impacts of the projects, and, in instances where such plans were not successful, what actions the Secretary is taking to modify the plans such that they will be successful; and
removed
an assessment of how the Secretary might take advantage of natural infrastructure in mitigation planning to reduce flood risks and flood recovery costs for some communities; and
removed
submit to Congress a report that—
removed
describes the results of the study conducted under paragraph (1);
removed
includes recommendations to ensure compliance with and successful implementation of mitigation requirements for water resources development projects; and
removed
includes recommendations to ensure existing programs and authorities include the use, to the maximum extent practicable, of natural infrastructure.
216. Wilson Creek and Sloan Creek, Fairview, Texas
added Not later than 180 days after the date of enactment of this section, the Secretary shall submit to Congress a written status update regarding efforts to address flooding along Wilson Creek and Sloan Creek in the City of Fairview, Texas.
removed
Study— Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study of the operation and maintenance needs of federally authorized harbor and inland harbor projects, including—
removed
an inventory of all federally authorized harbor and inland harbor projects;
removed
an assessment of current uses of such projects (and, to the extent practicable, the national, regional, and local benefits of such uses), including the uses listed in section 210(d)(2)(B) of the Water Resources Development Act of 1986;
removed
an assessment of the annual operation and maintenance needs associated with harbors and inland harbors referred to in subsection (a)(2) of section 210 of the Water Resources Development Act of 1986 (33 U.S.C. 2238), including a breakdown of such needs for each of the following types of projects—
removed
emerging harbor projects (as defined in such section);
removed
moderate-use harbor projects (as defined in such section on the day before the date of enactment of this Act);
removed
high-use harbor projects (as defined in such section on the day before the date of enactment of this Act); and
removed
projects assigned to harbors and inland harbors within the Great Lakes Navigation System (as defined in such section);
removed
an assessment of any deferred operation and maintenance needs for such projects;
removed
an assessment of projected needs associated with donor ports, medium-sized donor ports, and energy transfer ports (as such terms are defined in section 2106 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2201)); and
removed
an itemization of expenditures provided to donor ports, medium-sized donor ports, and energy transfer ports under section 2106 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2201).
removed
Report to Congress— Upon completion of the report under subsection (a), the Comptroller General shall submit such report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate.
217. GAO study on mitigation for water resources development projects
added Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall—
removed
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 analyses 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.
changed
Inclusion— The Secretary shall include in conduct a study on the report submitted under subsection (a)—mitigation of the impact of water resources development projects, including the impact on fish and wildlife, consistent with the requirements of section 906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283), section 307(a) of the Water Resources Development Act of 1990 (33 U.S.C. 2317(a)), and section 2036(b) of the Water Resources Development Act of 2007 (33 U.S.C. 2283a), including—
added
an evaluation of guidance or instructions issued, and other measures taken, by the Secretary to ensure successful mitigation of such impacts;
changed
a description review of existing water resources development projects with municipal water supply or water conservation as authorized purposes, and the extent to which such projects are utilized for methods of mitigation, including the use of in-lieu fees, mitigation banking, and permittee-responsible mitigation, and their long-term effectiveness of restoring or mitigating ecosystem services impacted by such purposes;projects;
changed
a description review of existing water resources development how the use of the different mitigation methods for such projects with respect to which—varies across Corps of Engineers districts;
removed
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
removed
such a purpose could be accommodated while maintaining existing authorized purposes;
changed
a description an assessment of ongoing water resources development project studies the authorizations for which include authorization for the Secretary to study the feasibility backlog of carrying out mitigation projects, including the project with a purpose number of municipal water supply or mitigation projects pending completion to address such impacts resulting from constructed water conservation;resources development projects;
changed
an analysis evaluation of how adding municipal water supply and water conservation as a primary mission of the Secretary tracks compliance with the mitigation requirements across Corps of Engineers would affect the ability of the Secretary to carry out future water resources development projects; anddistricts;
changed
any recommendations a review of how the Secretary relating to including municipal water supply and mitigation requirements for water conservation as a primary mission of resources development projects contributes to the Corps resilience of Engineers.water resources in the United States;
added
an assessment of whether mitigation is being done prior to or contemporaneously with the construction of projects, as required by section 906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283);
added
an evaluation of compliance with section 906(d) of the Water Resources Development Act of 1986 (33 U.S.C. 2283(d)) for the development of specific mitigation plans for projects, whether such plans were successful in mitigating the designated impacts of the projects, and, in instances where such plans were not successful, what actions the Secretary is taking to modify the plans such that they will be successful; and
added
an assessment of how the Secretary might take advantage of natural infrastructure in mitigation planning to reduce flood risks and flood recovery costs for some communities; and
added
submit to Congress a report that—
added
describes the results of the study conducted under paragraph (1);
added
includes recommendations to ensure compliance with and successful implementation of mitigation requirements for water resources development projects; and
added
includes recommendations to ensure existing programs and authorities include the use, to the maximum extent practicable, of natural infrastructure.
218. GAO study on application of Harbor Maintenance Trust Fund expenditures
added
Study— Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study of the operation and maintenance needs of federally authorized harbor and inland harbor projects, including—
removed
Inventory of PFAS at Corps facilities—
removed
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.
changed
Contents of inventory— In carrying out this subsection, the Secretary shall review an inventory of all federally authorized harbor and identify—inland harbor projects;
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;
removed
response measures taken to monitor, control, remove, or remediate PFAS, or otherwise reduce the risk of human exposure to PFAS;
removed
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;
removed
the extent to which the Secretary, or other entities, may have responsibility for such contamination or potential for contamination; and
removed
for facilities identified under subparagraph (A), the costs to remediate and reduce the risk of human exposure to PFAS.
changed
Coordination with other Federal agencies— To an assessment of current uses of such projects (and, to the maximum extent practicable, the actions taken under this subsection shall supplement national, regional, and support work undertaken by other Federal agencies, local benefits of such uses), including actions taken pursuant to the plan published by the Administrator uses listed in section 210(d)(2)(B) of the Environmental Protection Agency, titled “EPA’s Per- and Polyfluoroalkyl Substances (PFAS) Action Plan” and dated February 2019.Water Resources Development Act of 1986;
changed
Report to Congress— Upon completion an assessment of the inventory under paragraph (1), annual operation and annually thereafter concurrent maintenance needs associated with the President’s annual budget request to Congress, the Secretary shall submit the inventory to the Committee on Transportation harbors and Infrastructure inland harbors referred to in subsection (a)(2) of the House section 210 of Representatives and the Committee on Environment and Public Works Water Resources Development Act of 1986 (33 U.S.C. 2238), including a breakdown of such needs for each of the Senate.following types of projects—
added
emerging harbor projects (as defined in such section);
added
moderate-use harbor projects (as defined in such section on the day before the date of enactment of this Act);
added
high-use harbor projects (as defined in such section on the day before the date of enactment of this Act); and
added
projects assigned to harbors and inland harbors within the Great Lakes Navigation System (as defined in such section);
added
an assessment of any deferred operation and maintenance needs for such projects;
added
an assessment of the annual funding level trends for moderate-use harbor projects (as defined in section 210 of the Water Resources Development Act of 1986 on the day before the date of enactment of this Act) after the date of enactment of the Water Resources Development Act of 2014 (Public Law 113–121), excluding funds awarded to donor ports, medium-sized donor ports, and energy transfer ports (as such terms are defined in section 2106 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2201));
added
an assessment of projected needs associated with donor ports, medium-sized donor ports, and energy transfer ports (as such terms are defined in section 2106 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2201)); and
added
an itemization of expenditures provided to donor ports, medium-sized donor ports, and energy transfer ports under section 2106 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2201).
added
Report to Congress— Upon completion of the report under subsection (a), the Comptroller General shall submit such report 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.
removed
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
Definition— In this section, the term PFAS means a perfluoroalkyl substance or polyfluoroalkyl substance with at least one fully fluorinated carbon atom.
219. GAO study on administration of environmental banks
added
added
In general— Not later than one year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit to the appropriate committees of Congress a report that analyzes the administration of section 309 of the Coastal Wetlands Planning, Protection and Restoration Act to establish an environmental bank (as defined in such section), such that the Secretary—
added
achieves the objectives of the report of the Chief of Engineers for ecosystem restoration in the Louisiana Coastal Area or the objectives of the comprehensive coastal protection master plan entitled “Louisiana Comprehensive Master Plan for a Sustainable Coast” prepared by the State of Louisiana and accepted by the Louisiana Coastal Protection and Restoration Authority (including any subsequent amendments or revisions);
added
promotes ridge restoration, barrier island restoration, marsh creation, nonstructural risk management, or any other projects authorized, funded, or undertaken, or proposed to be authorized, funded, or undertaken, pursuant to such comprehensive coastal protection master plan;
added
allows for proactive investment in projects by a public or private entity seeking to generate credits to satisfy responsibilities associated with environmental compliance;
added
allows for leveraging additional State, Parish, or Federal funds; and
added
recommends methods for awarding additional credit for high-priority projects listed in the report and plan described in paragraph (1).
added
Consultation with stakeholders— In carrying out subsection (a), the Comptroller General of the United States shall consult with the Secretary, the Louisiana Coastal Wetlands Conservation and Restoration Task Force, the Governor of Louisiana (or an appointee), and other stakeholders, to the extent practicable.
220. Study on water supply and water conservation at water resources development projects
added
added
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.
added
Inclusion— The Secretary shall include in the report submitted under subsection (a)—
added
a description of existing water resources development projects with municipal water supply or water conservation as authorized purposes, and the extent to which such projects are utilized for such purposes;
added
a description of existing water resources development projects with respect to which—
added
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
added
such a purpose could be accommodated while maintaining existing authorized purposes;
added
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;
added
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
added
any recommendations of the Secretary relating to including municipal water supply and water conservation as a primary mission of the Corps of Engineers.
221. PFAS review and inventory at Corps facilities
added
added
Inventory of PFAS at Corps facilities—
added
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).
added
Definition— In this section, the term PFAS means a perfluoroalkyl substance or polyfluoroalkyl substance with at least one fully fluorinated carbon atom.
222. 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.
319. Central Everglades, Florida
changed
The 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 ecosystem restoration, Central and Southern Florida, Everglades Agricultural Area, authorized by section 1308 of the Water Resources Development Act of 2018 (132 Stat. 3819) 3819), and to authorize the Secretary to carry out the project as so combined.
322. Calcasieu River and Pass, Louisiana
added Not later than 120 days after the date of enactment of this Act, the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on 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.
removed
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”.
removed
Water storage at Abiquiu Dam, New Mexico— Section 1 of Public Law 100–522 (43 U.S.C. 620a note) is amended—
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.
323. 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, that portion of the project for navigation, Pawcatuck River, Little Narragansett Bay and Watch Hill Cove, Rhode Island and Connecticut, authorized by section 2 of the 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.
324. Pawcatuck River, Little Narragansett Bay and Watch Hill Cove, Rhode Island and Connecticut
changed
Section 575 Beginning on the date of enactment of this Act, that portion of the Water Resources Development project for navigation, Pawcatuck River, Little Narragansett Bay and Watch Hill Cove, Rhode Island and Connecticut, authorized by section 2 of the Act of 1996 (110 March 2, 1945 (chapter 19, 59 Stat. 3789) 13), consisting of a 10-foot deep, 16-acre anchorage area in Watch Hill Cove is repealed.no longer authorized.
325. Harris County, Texas
changed
Beginning on the date of enactment Section 575 of this Act, the project for navigation, Cap Sante Waterway and Navigation Channel, Skagit County, Washington, authorized by the Water Resources Development Act of March 2, 1919 (chapter 95, 40 1996 (110 Stat. 1285), 3789) 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.repealed.
326. 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
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
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”.
327. Regional sediment management
added The Secretary shall expedite the activities required to be carried out under section 204 of the Water Resources Development Act of 1992 (33 U.S.C. 2326) regarding the use of improvement dredging of the Portsmouth Federal navigation project in Portsmouth, New Hampshire, as a source of clean beach fill material to reinforce the stone revetment at Nantasket Beach, Hull, Massachusetts.
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.
328. 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 subsections (b) and (c), by inserting “Arizona,” before “Idaho” each place it appears; 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
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.
329. 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
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).
changed
East Chester Creek, New York— Notwithstanding section 1001 of the Water Resources Development Act of 1986 (33 U.S.C. 579a), the The project modification for navigation, East Chester Creek, New York, authorized by section 101 of the River and Harbor Act State of 1950 (64 Stat. 164; 100 Stat. 4181), Missouri, Clarence Cannon Dam 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).Mark Twain Lake Project Salt River, Missouri.
changed
Christiansted Harbor, United States Virgin Islands— Notwithstanding section 1002 of the Water Resources Development Act of 1986 (100 Stat. 4221), the portion of the The project modification 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 City of 1986 (100 Stat. 4221) is authorized to be carried out by the Secretary, subject to subsection (b).Plattsburg, Smithville Lake, Missouri.
changed
Charlotte Harbor, United States Virgin Islands— Notwithstanding section 1002 of the Water Resources Development Act of 1986 (100 Stat. 4221), the portion of the The project modification 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 City of 1986 (100 Stat. 4221) is authorized to be carried out by the Secretary, subject to subsection (b).Smithville, Smithville Lake, Missouri.
changed
Report to Congress—Flood risk management— The Secretary shall complete and submit following project modifications for flood risk management, as identified in a report entitled “Report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee Congress on Environment Future Water Resources Development”, and Public Works of the Senate a post-authorization change report (as such term is defined in submitted to Congress pursuant to section 1132(d) 7001 of the Water Resources Reform and Development Act of 2016 2014 (33 U.S.C. 2282e(d)) prior 2282d) or otherwise reviewed by Congress, are authorized to carrying be carried out a project identified in subsection (a).by the Secretary:
added
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.
added
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.
330. 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
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.
removed
Applicability of property screening provisions— Section 2696 of title 10, United States Code, shall not apply to any conveyance under this section.
removed
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.
removed
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.
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.
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 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.
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 a 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.
331. Project reauthorizations
added
In general—
removed
Section 1001 of the Water Resources Development Act of 1986 (33 U.S.C. 579a) is amended—
changed
Muddy River, Massachusetts— in subsection (b), The separable elements for ecosystem restoration of the project for flood damage reduction and environmental restoration, Muddy River, Brookline and Boston, Massachusetts, authorized by striking paragraph (2) section 522 of the Water Resources Development Act of 2000 (114 Stat. 2656), and redesignating paragraph (3) as paragraph (2); anddeauthorized 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).
changed
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 striking 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 (c).(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).
changed
Report to Congress— Section 6003 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 Reform and Development Act of 2014 2016 (33 U.S.C. 579c) is repealed.2282e(d)) prior to carrying out a project identified in subsection (a).
removed
Section 1301 of the Water Resources Development Act of 2016 (33 U.S.C. 579d) is repealed.
removed
Section 1302 of the Water Resources Development Act of 2016 (33 U.S.C. 579c–1) is repealed.
removed
Section 1301 of the Water Resources Development Act of 2018 (33 U.S.C. 579d–1) is repealed.
removed
Section 1302 of the Water Resources Development Act of 2018 (33 U.S.C. 579c–2) is repealed.
332. 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.
333. Repeals
added
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 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.
402. Special rules
Great Lakes and Mississippi River Interbasin Project, Brandon Road, Will County, Illinois— The Secretary shall carry out the project for ecosystem restoration, Great Lakes and Mississippi River Interbasin project, Brandon Road, Will County, Illinois, authorized by section 401 of this Act, substantially in accordance with the terms and conditions described in the Report of the Chief of Engineers, dated May 23, 2019, with the following modifications:
The Federal share of the cost of construction shall be 80 percent.
The Secretary may include the addition or substitution of technologies or measures not described in the report, as the Secretary determines to be advisable.
Willamette River Basin review reallocation study— The Secretary shall carry out the project for water supply, Willamette River Basin Review Reallocation, Oregon, authorized by section 401 of this Act, substantially in accordance with the terms and conditions described in the Report of the Chief of Engineers, dated December 18, 2019, with the following modifications:
The Secretary shall meet the obligations of the Corps of Engineers under the Endangered Species Act of 1973 by complying with the June 2019 NMFS Willamette Basin Review Study Biological Opinion Reasonable and Prudent Alternative until such time, if any, as it is modified or replaced, in whole or in part, through the consultation process under section 7(a) of the Endangered Species Act of 1973.
changed
The Secretary may reallocate not more than 10 percent of overall storage in the joint conservation pool, as authorized by this Act and without further Congressional congressional action, if such reallocation is consistent with the ongoing consultation under section 7(a) of the Endangered Species Act of 1973 related to Willamette Valley System operations.
The Secretary shall ensure that the revised reallocation is not reallocated from a single storage use, does not seriously affect authorized project purposes, and does not otherwise involve major operational changes to the project.
Cano Martin Pena, San Juan, Puerto Rico— Section 5127 of the Water Resources Development Act of 2007 (121 Stat. 1242) is amended by striking “$150,000,000” and inserting “$232,430,000”.