Division H — Water Resources

117th Congress · Approved Dec 23, 2022 · 136 Stat. 2395

DIVISION H Water Resources

TITLE LXXXI Water Resources Development Act of 2022

SEC. 8001. Short Title; Table of Contents.

(a)

Short Title.— This title may be cited as the “Water Resources Development Act of 2022”.

(b)

Table of Contents.— The table of contents for this title is as follows:

Sec. 8001. Short title; table of contents.

Sec. 8002. Secretary defined.

Subtitle A— General Provisions

Sec. 8101. Federal breakwaters and jetties.

Sec. 8102. Emergency response to natural disasters.

Sec. 8103. Shoreline and riverbank protection and restoration mission.

Sec. 8104. Floodplain management services.

Sec. 8105. Public recreational amenities in ecosystem restoration projects.

Sec. 8106. Scope of feasibility studies.

Sec. 8107. Water supply conservation.

Sec. 8108. Managed aquifer recharge study and working group.

Sec. 8109. Updates to certain water control manuals.

Sec. 8110. National coastal mapping study.

Sec. 8111. Tribal partnership program.

Sec. 8112. Tribal Liaison.

Sec. 8113. Tribal assistance.

Sec. 8114. Cost sharing provisions for the territories and Indian Tribes.

Sec. 8115. Tribal and Economically Disadvantaged Communities Advisory Committee.

Sec. 8116. Workforce planning.

Sec. 8117. Corps of Engineers support for underserved communities; outreach.

Sec. 8118. Pilot programs for certain communities.

Sec. 8119. Technical assistance.

Sec. 8120. Technical assistance for levee inspections.

Sec. 8121. Assessment of Corps of Engineers levees.

Sec. 8122. National low-head dam inventory.

Sec. 8123. Expediting hydropower at Corps of Engineers facilities.

Sec. 8124. Reserve component training at water resources development projects.

Sec. 8125. Payment of pay and allowances of certain officers from appropriation for improvements.

Sec. 8126. Maintenance dredging permits.

Sec. 8127. Environmental dredging.

Sec. 8128. Assessment of regional confined aquatic disposal facilities.

Sec. 8129. Studies for periodic nourishment.

Sec. 8130. Beneficial use of dredged material; management plans.

Sec. 8131. Criteria for funding operation and maintenance of small, remote, and subsistence harbors.

Sec. 8132. Additional projects for underserved community harbors.

Sec. 8133. Inland waterways regional dredge pilot program.

Sec. 8134. NEPA reporting.

Sec. 8135. Funding to process permits.

Sec. 8136. Lease durations.

Sec. 8137. Reforestation.

Sec. 8138. Emergency streambank and shoreline protection.

Sec. 8139. Lease deviations.

Sec. 8140. Policy and technical standards.

Sec. 8141. Corps records relating to harmful algal blooms in Lake Okeechobee, Florida.

Sec. 8142. Forecasting models for the Great Lakes.

Sec. 8143. Monitoring and assessment program for saline lakes in the Great Basin.

Sec. 8144. Chattahoochee River program.

Sec. 8145. Lower Mississippi River Basin demonstration program.

Sec. 8146. Washington Aqueduct.

Sec. 8147. Water infrastructure public-private partnership pilot program.

Sec. 8148. Advance payment in lieu of reimbursement for certain Federal costs.

Sec. 8149. Use of other Federal funds.

Sec. 8150. Non-Federal Interest Advisory Committee.

Sec. 8151. Materials, services, and funds for repair, restoration, or rehabilitation of certain public recreation facilities.

Sec. 8152. Rehabilitation of pump stations.

Sec. 8153. Report to Congress on Corps of Engineers reservoirs.

Sec. 8154. Temporary relocation assistance pilot program.

Sec. 8155. Continuation of construction.

Sec. 8156. Federal interest determination.

Sec. 8157. Inland waterway projects.

Sec. 8158. Corps of Engineers Western Water Cooperative Committee.

Sec. 8159. Support of Army civil works missions.

Sec. 8160. Civil works research and development.

Sec. 8161. Sense of Congress on operations and maintenance of recreation sites.

Sec. 8162. Sense of Congress relating to post-disaster repairs.

Subtitle B— Studies and Reports

Sec. 8201. Authorization of proposed feasibility studies.

Sec. 8202. Expedited completion.

Sec. 8203. Expedited modifications of existing feasibility studies.

Sec. 8204. Corps of Engineers reservoir sedimentation assessment.

Sec. 8205. Report and recommendations on dredge capacity.

Sec. 8206. Assessment of impacts from changing operation and maintenance responsibilities.

Sec. 8207. Maintenance dredging data.

Sec. 8208. Western infrastructure study.

Sec. 8209. Recreation and economic development at Corps facilities in Appalachia.

Sec. 8210. Ouachita River watershed, Arkansas and Louisiana.

Sec. 8211. Report on Santa Barbara streams, Lower Mission Creek, California.

Sec. 8212. Disposition study on Salinas Dam and Reservoir, California.

Sec. 8213. Excess lands report for Whittier Narrows Dam, California.

Sec. 8214. Comprehensive central and southern Florida study.

Sec. 8215. Northern estuaries ecosystem restoration, Florida.

Sec. 8216. Study on shellfish habitat and seagrass, Florida Central Gulf Coast.

Sec. 8217. Report on South Florida ecosystem restoration plan implementation.

Sec. 8218. Great Lakes recreational boating.

Sec. 8219. Hydraulic evaluation of Upper Mississippi River and Illinois River.

Sec. 8220. Disposition study on hydropower in the Willamette Valley, Oregon.

Sec. 8221. Houston Ship Channel Expansion Channel Improvement Project, Texas.

Sec. 8222. Sabine–Neches waterway navigation improvement project, Texas.

Sec. 8223. Norfolk Harbor and Channels, Virginia.

Sec. 8224. Coastal Virginia, Virginia.

Sec. 8225. West Virginia hydropower.

Sec. 8226. Electronic preparation and submission of applications.

Sec. 8227. Investments for recreation areas.

Sec. 8228. Automated fee machines.

Sec. 8229. Review of recreational hazards.

Sec. 8230. Assessment of coastal flooding mitigation modeling and testing capacity.

Sec. 8231. Report on socially and economically disadvantaged small business concerns.

Sec. 8232. Report on solar energy opportunities.

Sec. 8233. Report to Congress on economic valuation of preservation of open space, recreational areas, and habitat associated with project lands.

Sec. 8234. Report on corrosion prevention activities.

Sec. 8235. Report to Congress on easements related to water resources development projects.

Sec. 8236. GAO studies.

Sec. 8237. Assessment of forest, rangeland, and watershed restoration services on lands owned by the Corps of Engineers.

Subtitle C— Deauthorizations and Modifications

Sec. 8301. Deauthorization of inactive projects.

Sec. 8302. Watershed and river basin assessments.

Sec. 8303. Forecast-informed reservoir operations.

Sec. 8304. Lakes program.

Sec. 8305. Invasive species.

Sec. 8306. Maintenance of navigation channels.

Sec. 8307. Project reauthorizations.

Sec. 8308. Special rule for certain beach nourishment projects.

Sec. 8309. Columbia River Basin.

Sec. 8310. Evaluation of hydrologic changes in Souris River Basin.

Sec. 8311. Acequias irrigation systems.

Sec. 8312. Port of Nome, Alaska.

Sec. 8313. St. George, Alaska.

Sec. 8314. Unalaska (Dutch Harbor) Channels, Alaska.

Sec. 8315. Storm damage prevention and reduction, coastal erosion, and ice and glacial damage, Alaska.

Sec. 8316. St. Francis Lake Control Structure.

Sec. 8317. South Platte River and Tributaries, Adams and Denver Counties, Colorado.

Sec. 8318. Fruitvale Avenue Railroad Bridge, Alameda, California.

Sec. 8319. Los Angeles County, California.

Sec. 8320. Deauthorization of designated portions of the Los Angeles County Drainage Area, California.

Sec. 8321. Murrieta Creek, California.

Sec. 8322. Sacramento River Basin, California.

Sec. 8323. San Diego River and Mission Bay, San Diego County, California.

Sec. 8324. Additional assistance for Eastern Santa Clara Basin, California.

Sec. 8325. San Francisco Bay, California.

Sec. 8326. South San Francisco Bay Shoreline, California.

Sec. 8327. Delaware shore protection and restoration.

Sec. 8328. St. Johns River Basin, Central and Southern Florida.

Sec. 8329. Little Pass, Clearwater Bay, Florida.

Sec. 8330. Comprehensive Everglades Restoration Plan, Florida.

Sec. 8331. Palm Beach Harbor, Florida.

Sec. 8332. Port Everglades, Florida.

Sec. 8333. South Florida Ecosystem Restoration Task Force.

Sec. 8334. New Savannah Bluff Lock and Dam, Georgia and South Carolina.

Sec. 8335. Little Wood River, Gooding, Idaho.

Sec. 8336. Chicago shoreline protection.

Sec. 8337. Great Lakes and Mississippi River Interbasin project, Brandon Road, Will County, Illinois.

Sec. 8338. Southeast Des Moines, Southwest Pleasant Hill, Iowa.

Sec. 8339. City of El Dorado, Kansas.

Sec. 8340. Algiers Canal Levees, Louisiana.

Sec. 8341. Mississippi River Gulf Outlet, Louisiana.

Sec. 8342. Camp Ellis, Saco, Maine.

Sec. 8343. Lower Mississippi River comprehensive management study.

Sec. 8344. Upper Mississippi River protection.

Sec. 8345. Upper Mississippi River restoration program.

Sec. 8346. Water level management on the Upper Mississippi River and Illinois Waterway.

Sec. 8347. Mississippi Delta Headwaters, Mississippi.

Sec. 8348. Sense of Congress relating to Okatibbee Lake, Mississippi.

Sec. 8349. Argentine, East Bottoms, Fairfax-Jersey Creek, and North Kansas Levees units, Missouri River and tributaries at Kansas Cities, Missouri and Kansas.

Sec. 8350. Lower Missouri River streambank erosion control evaluation and demonstration projects.

Sec. 8351. Missouri River interception-rearing complexes.

Sec. 8352. Missouri River mitigation project, Missouri, Kansas, Iowa, and Nebraska.

Sec. 8353. Northern Missouri.

Sec. 8354. Israel River, Lancaster, New Hampshire.

Sec. 8355. Middle Rio Grande flood protection, Bernalillo to Belen, New Mexico.

Sec. 8356. Ecosystem restoration, Hudson–Raritan Estuary, New York and New Jersey.

Sec. 8357. Arkansas River corridor, Oklahoma.

Sec. 8358. Copan Lake, Oklahoma.

Sec. 8359. Southwestern Oregon.

Sec. 8360. Yaquina River, Oregon.

Sec. 8361. Lower Blackstone River, Rhode Island.

Sec. 8362. Charleston Harbor, South Carolina.

Sec. 8363. Colleton County, South Carolina.

Sec. 8364. Ensley levee, Tennessee.

Sec. 8365. Wolf River Harbor, Tennessee.

Sec. 8366. Addicks and Barker Reservoirs, Texas.

Sec. 8367. North Padre Island, Corpus Christi Bay, Texas.

Sec. 8368. Nueces County, Texas.

Sec. 8369. Lake Champlain Canal, Vermont and New York.

Sec. 8370. Rehabilitation of Corps of Engineers constructed dams.

Sec. 8371. Puget Sound nearshore ecosystem restoration, Washington.

Sec. 8372. Lower Mud River, Milton, West Virginia.

Sec. 8373. Northern West Virginia.

Sec. 8374. Southern West Virginia.

Sec. 8375. Environmental infrastructure.

Sec. 8376. Additional assistance for critical projects.

Sec. 8377. Conveyances.

Sec. 8378. Land transfer and trust land for Choctaw Nation of Oklahoma.

Sec. 8379. John P. Murtha Locks and Dam.

Sec. 8380. Treatment of certain benefits and costs.

Sec. 8381. Debris removal.

Sec. 8382. General reauthorizations.

Sec. 8383. Transfer of excess credit.

Sec. 8384. Treatment of credit between projects.

Sec. 8385. Non-Federal payment flexibility.

Sec. 8386. Coastal community flood control and other purposes.

Sec. 8387. National levee safety program.

Sec. 8388. Surplus water contracts and water storage agreements.

Sec. 8389. Water supply storage repair, rehabilitation, and replacement costs.

Sec. 8390. Abandoned and inactive noncoal mine restoration.

Sec. 8391. Asian carp prevention and control pilot program.

Sec. 8392. Enhanced development program.

Sec. 8393. Recreational opportunities at certain projects.

Sec. 8394. Federal assistance.

Sec. 8395. Mississippi River mat sinking unit.

Sec. 8396. Sense of Congress on lease agreement.

Sec. 8397. Expedited completion of projects and studies.

Subtitle D— Water Resources Infrastructure

Sec. 8401. Project authorizations.

Sec. 8402. Special rules.

Sec. 8403. Facility investment.

SEC. 8002. Secretary Defined.

In this title, the term “Secretary” means the Secretary of the Army.

Subtitle A General Provisions

SEC. 8101. Federal Breakwaters and Jetties.

(a)

In General.— In carrying out repair or maintenance activity of a Federal jetty or breakwater associated with an authorized navigation project, the Secretary shall, notwithstanding the authorized dimensions of the jetty or breakwater, ensure that such repair or maintenance activity is sufficient to meet the authorized purpose of such project, including ensuring that any harbor or inland harbor associated with the project is protected from projected changes in wave action or height (including changes that result from relative sea level change over the useful life of the project).

(b)

Classification of Activity.— The Secretary may not classify any repair or maintenance activity of a Federal jetty or breakwater carried out under subsection (a) as major rehabilitation of such jetty or breakwater—

(1)

if the Secretary determines that—

(A)

projected changes in wave action or height, including changes that result from relative sea level change, will diminish the functionality of the jetty or breakwater to meet the authorized purpose of the project; and

(B)

such repair or maintenance activity is necessary to restore such functionality; or

(2)

if—

(A)

the Secretary has not carried out regular and routine Federal maintenance activity at the jetty or breakwater; and

(B)

the structural integrity of the jetty or breakwater is degraded as a result of a lack of such regular and routine Federal maintenance activity.

SEC. 8102. Emergency Response to Natural Disasters.

(a)

In General.— Section 5(a)(1) of the Act of August 18, 1941 (33 U.S.C. 701n(a)(1)) is amended by striking “ in the repair and restoration of any federally authorized hurricane or shore protective structure” and all that follows through “ non-Federal sponsor.” and inserting “ in the repair and restoration of any federally authorized hurricane or shore protective structure or project damaged or destroyed by wind, wave, or water action of other than an ordinary nature to the pre-storm level of protection, to the design level of protection, or, notwithstanding the authorized dimensions of the structure or project, to a level sufficient to meet the authorized purpose of such structure or project, whichever provides greater protection, when, in the discretion of the Chief of Engineers, such repair and restoration is warranted for the adequate functioning of the structure or project for hurricane or shore protection, including to ensure the structure or project is functioning adequately to protect against projected changes in wave action or height or storm surge (including changes that result from relative sea level change over the useful life of the structure or project), subject to the condition that the Chief of Engineers may, if requested by the non-Federal sponsor, include modifications to the structure or project (including the addition of new project features) to address major deficiencies, increase resilience, increase benefits from the reduction of damages from inundation, wave action, or erosion, or implement nonstructural alternatives to the repair or restoration of the structure.”.

(b)

Great Lakes Advance Measures Assistance.—

(1)

In general.— The Secretary shall not deny a request from the Governor of a Great Lakes State to provide advance measures assistance pursuant to section 5(a) of the Act of August 18, 1941 (33 U.S.C. 701n(a)) to reduce the risk of damage from rising water levels in the Great Lakes solely on the basis that the damage is caused by erosion.

(2)

Federal share.— Assistance provided by the Secretary pursuant to a request described in paragraph (1) shall be at Federal expense if the assistance is for the construction of advance measures to a temporary construction standard.

(3)

Great lakes state defined.— In this subsection, the term “Great Lakes State” means the State of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, or Wisconsin.

SEC. 8103. Shoreline and Riverbank Protection and Restoration Mission.

(a)

In General.— Section 212 of the Water Resources Development Act of 1999 (33 U.S.C. 2332) is amended—

(1)

in the section heading, by striking “ flood mitigation and riverine restoration program” and inserting “ shoreline and riverine protection and restoration”;

(2)

by striking subsection (a) and inserting the following:

“(a) In General.—The Secretary may carry out studies and projects to—

“(1) reduce flood and hurricane and storm damage hazards; or

“(2) restore the natural functions and values of rivers and shorelines throughout the United States.”

(3)

in subsection (b)—

(A)

by striking paragraph (1) and inserting the following:

“(1) Authority.—

“(A) Studies.—In carrying out subsection (a), the Secretary may carry out studies to identify appropriate measures for—

“(i) the reduction of flood and hurricane and storm damage hazards, including measures for erosion mitigation and bank stabilization; or

“(ii) the conservation and restoration of the natural functions and values of rivers and shorelines.

“(B) Projects.—Subject to subsection (f)(2), in carrying out subsection (a), the Secretary may design and implement projects described in subsection (a).”

(B)

in paragraph (3), by striking “ flood damages” and inserting “ flood and hurricane and storm damages, including the use of natural features or nature-based features”; and

(C)

in paragraph (4)—

(i)

by inserting “ and hurricane and storm” after “ flood”;

(ii)

by inserting “ , shoreline,” after “ riverine”; and

(iii)

by inserting “ and coastal barriers” after “ floodplains”;

(4)

in subsection (c)—

(A)

in paragraph (1), by inserting “ , except that the first $200,000 of the costs of a study conducted under this section shall be at Federal expense” before the period;

(B)

in paragraph (2)—

(i)

in the paragraph heading, by striking “ flood control”; and

(ii)

by striking subparagraph (A) and inserting the following:

“(A) In general.—Design and construction of a project under this section that includes a nonstructural measure, a natural feature or nature-based feature, or an environmental restoration measure, shall be subject to cost sharing in accordance with section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213), except that the non-Federal share of the cost to design and construct such a project benefitting an economically disadvantaged community (including economically disadvantaged communities located in urban and rural areas) shall be 10 percent.”

; and

(C)

in paragraph (3)—

(i)

in the paragraph heading, by inserting “ or hurricane and storm damage reduction” after “ flood control”;

(ii)

by inserting “ or hurricane and storm damage reduction” after “ flood control” ; and

(iii)

by striking “ section 103(a) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(a))” and inserting “ section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213), except that the non-Federal share of the cost to design and construct such a project benefitting an economically disadvantaged community (including economically disadvantaged communities located in urban and rural areas) shall be 10 percent”;

(5)

by striking subsection (d) and inserting the following:

“(d) Project Justification.—Notwithstanding any requirement for economic justification established under section 209 of the Flood Control Act of 1970 (42 U.S.C. 1962–2), the Secretary may implement a project under this section if the Secretary determines that the project—

“(1) will significantly reduce potential flood, hurricane and storm, or erosion damages;

“(2) will improve the quality of the environment; and

“(3) is justified considering all costs and beneficial outputs of the project.”

(6)

in subsection (e)—

(A)

in the subsection heading, by striking “ Priority Areas” and inserting “ Areas for Examination”;

(B)

by redesignating paragraphs (1) through (33) as subparagraphs (A) through (GG), respectively, and adjusting the margins appropriately;

(C)

by striking “ In carrying out” and inserting the following:

“(1) In general.—In carrying out”

; and

(D)

by adding at the end the following:

“(2) Priority projects.—In carrying out this section, the Secretary shall prioritize projects for the following locations:

“(A) Delaware beaches and watersheds, Delaware.

“(B) Louisiana Coastal Area, Louisiana.

“(C) Great Lakes Shores and Watersheds.

“(D) Oregon Coastal Area and Willamette River basin, Oregon.

“(E) Upper Missouri River Basin.

“(F) Ohio River Tributaries and their watersheds, West Virginia.

“(G) Chesapeake Bay watershed and Maryland beaches, Maryland.

“(H) City of Southport, North Carolina.

“(I) Maumee River, Ohio.

“(J) Los Angeles and San Gabriel Rivers, California.

“(K) Kentucky River and its tributaries and watersheds.”

(7)

by striking subsections (f), (g), and (i);

(8)

by redesignating subsection (h) as subsection (f);

(9)

in subsection (f) (as so redesignated), by striking paragraph (2) and inserting the following:

“(2) Projects requiring specific authorization.—If the Federal share of the cost to design and construct a project under this section exceeds $15,000,000, the Secretary may only carry out the project if Congress enacts a law authorizing the Secretary to carry out the project.”

; and

(10)

by adding at the end the following:

“(g) Definitions.—In this section:

“(1) Economically disadvantaged community.—The term ‘economically disadvantaged community’ has the meaning given the term as defined by the Secretary under section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note).

“(2) Natural feature; nature-based feature.—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)).”

(b)

Clerical Amendment.— The table of contents contained in section 1(b) of the Water Resources Development Act of 1999 (113 Stat. 269) is amended by striking the item relating to section 212 and inserting the following:

“Sec. 212. Shoreline and riverine protection and restoration.”.

SEC. 8104. Floodplain Management Services.

Section 206 of the Flood Control Act of 1960 (33 U.S.C. 709a) is amended—

(1)

by striking “ Sec. 206. (a) In recognition” and inserting the following:

“SEC. 206. INFORMATION ON FLOODS AND FLOOD DAMAGE.

“(a) Compilation and Dissemination.—

“(1) In general.—In recognition”

(2)

in subsection (a)—

(A)

in the second sentence, by striking “ Surveys and guides” and inserting the following:

“(2) Surveys and guides.—Surveys and guides”

(B)

in the first sentence, by inserting “ identification of areas subject to floods due to accumulated snags and other debris,” after “ inundation by floods of various magnitudes and frequencies,”; and

(C)

by adding at the end the following:

“(3) Identification of assistance.—

“(A) In general.—To the maximum extent practicable, in providing assistance under this subsection, the Secretary shall identify and communicate to States and non-Federal interests specific opportunities to partner with the Corps of Engineers to address flood hazards.

“(B) Coordination.—The Secretary shall coordinate activities under this paragraph with activities described in section 22 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–16).”

(3)

by redesignating subsection (d) as subsection (e); and

(4)

by inserting after subsection (c) the following:

“(d) Institutions of Higher Education.—Notwithstanding section 4141 of title 10, United States Code, in carrying out this section, the Secretary may work with an institution of higher education, as determined appropriate by the Secretary.”

SEC. 8105. Public Recreational Amenities in Ecosystem Restoration Projects.

At the request of a non-Federal interest, the Secretary is authorized to study the incorporation of public recreational amenities, including facilities for hiking, biking, walking, and waterborne recreation, into a project for ecosystem restoration, including a project carried out under section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330), if the incorporation of such amenities would be consistent with the ecosystem restoration purposes of the project.

SEC. 8106. Scope of Feasibility Studies.

(a)

Flood Risk Management or Hurricane and Storm Damage Risk Reduction.— In carrying out a feasibility study for a project for flood risk management or hurricane and storm damage risk reduction, the Secretary, at the request of the non-Federal interest for the study, shall formulate alternatives to maximize the net benefits from the reduction of the comprehensive flood risk within the geographic scope of the study from the isolated and compound effects of—

(1)

a riverine discharge of any magnitude or frequency;

(2)

inundation, wave attack, and erosion coinciding with a hurricane or coastal storm;

(3)

flooding associated with tidally influenced portions of rivers, bays, and estuaries that are hydrologically connected to the coastal water body;

(4)

a rainfall event of any magnitude or frequency;

(5)

a tide of any magnitude or frequency;

(6)

seasonal variation in water levels;

(7)

groundwater emergence;

(8)

sea level rise;

(9)

subsidence; or

(10)

any other driver of flood risk affecting the area within the geographic scope of the study.

(b)

Water Supply, Water Conservation, and Drought Risk Reduction.— In carrying out a feasibility study for any purpose, the Secretary, at the request of the non-Federal interest for the study, shall formulate alternatives—

(1)

to maximize combined net benefits for the primary purpose of the study and for the purposes of water supply or water conservation (including the use of water supply conservation measures described in section 1116 of the Water Resources Development Act of 2016 (130 Stat. 1639)); or

(2)

to include 1 or more measures for the purposes of water supply or water conservation if the Secretary determines that such measures may reduce potential adverse impacts of extreme weather events, including drought, on water resources within the geographic scope of the study.

(c)

Cost Sharing.— All costs to carry out a feasibility study in accordance with this section shall be shared in accordance with the cost share requirements otherwise applicable to the study.

SEC. 8107. Water Supply Conservation.

Section 1116 of the Water Resources Development Act of 2016 (130 Stat. 1639) is amended—

(1)

in subsection (a), in the matter preceding paragraph (1), by striking “ during the 1-year period ending on the date of enactment of this Act” and inserting “ for any portion of any 2 consecutive or nonconsecutive years during the 10-year period preceding a request from a non-Federal interest for assistance under this section”; and

(2)

in subsection (b)(4), by inserting “ , including measures utilizing a natural feature or nature-based feature (as those terms are defined in section 1184(a)) to reduce drought risk” after “ water supply”.

SEC. 8108. Managed Aquifer Recharge Study and Working Group.

(a)

Assessment.—

(1)

In general.— The Secretary shall, in consultation with applicable non-Federal interests, conduct a national assessment of carrying out managed aquifer recharge projects to address drought, water resiliency, and aquifer depletion at authorized water resources development projects.

(2)

Requirements.— In carrying out paragraph (1), the Secretary shall—

(A)

assess and identify opportunities to support non-Federal interests, including Tribal communities, in carrying out managed aquifer recharge projects; and

(B)

assess preliminarily local hydrogeologic conditions relevant to carrying out managed aquifer recharge projects.

(3)

Coordination.— In carrying out paragraph (1), the Secretary shall coordinate, as appropriate, with the heads of other Federal agencies, States, regional governmental agencies, units of local government, experts in managed aquifer recharge, and Tribes.

(b)

Feasibility Studies.—

(1)

Authorization.— The Secretary is authorized to carry out feasibility studies, at the request of a non-Federal interest, of managed aquifer recharge projects in areas that are experiencing, or have recently experienced, prolonged drought conditions, aquifer depletion, or water supply scarcity.

(2)

Limitation.— The Secretary may carry out not more than 10 feasibility studies under this subsection.

(3)

Use of information.— The Secretary shall, to the maximum extent practicable, use information gathered from the assessment conducted under subsection (a) in identifying and selecting feasibility studies to carry out under this subsection.

(4)

Cost share.— The Federal share of the cost of a feasibility study carried out under this subsection shall be 90 percent.

(c)

Working Group.—

(1)

In general.— Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a managed aquifer recharge working group made up of subject matter experts within the Corps of Engineers and relevant non-Federal stakeholders.

(2)

Composition.— In establishing the working group under paragraph (1), the Secretary shall ensure that members of the working group have expertise working with—

(A)

projects providing water supply storage to meet regional water supply demand, particularly in regions experiencing drought;

(B)

the protection of groundwater supply, including promoting infiltration and increased recharge in groundwater basins, and groundwater quality;

(C)

aquifer storage, recharge, and recovery wells;

(D)

dams that provide recharge enhancement benefits;

(E)

groundwater hydrology;

(F)

conjunctive use water systems; and

(G)

agricultural water resources, including the use of aquifers for irrigation purposes.

(3)

Duties.— The working group established under this subsection shall—

(A)

advise the Secretary regarding the development and execution of the assessment under subsection (a) and any feasibility studies under subsection (b);

(B)

assist Corps of Engineers offices at the headquarter, division, and district levels with raising awareness of non-Federal interests of the potential benefits of carrying out managed aquifer recharge projects; and

(C)

assist with the development of the report required to be submitted under subsection (d).

(d)

Report to Congress.— 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 a report on managed aquifer recharge that includes—

(1)

the results of the assessment conducted under subsection (a) and any feasibility studies carried out under subsection (b), including data collected under such assessment and studies and any recommendations on managed aquifer recharge opportunities for non-Federal interests, States, local governments, and Tribes;

(2)

a status update on the implementation of the recommendations included in the report of the U.S. Army Corps of Engineers Institute for Water Resources entitled “Managed Aquifer Recharge and the U.S. Army Corps of Engineers: Water Security through Resilience”, published in April 2020 (2020–WP–01); and

(3)

an evaluation of the benefits of creating a new or modifying an existing planning center of expertise for managed aquifer recharge, and identify potential locations for such a center of expertise, if feasible.

(e)

Savings Provision.— Nothing in this section affects the non-Federal share of the cost of construction of a managed aquifer recharge project under section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213) or any other provision of law.

(f)

Definitions.— In this section:

(1)

Managed aquifer recharge.— The term “managed aquifer recharge” means the intentional banking and treatment of water in aquifers for storage and future use.

(2)

Managed aquifer recharge project.— The term “managed aquifer recharge project” means a project to incorporate managed aquifer recharge features into a water resources development project.

SEC. 8109. Updates to Certain Water Control Manuals.

On request of the Governor of a State for which the Governor declared a statewide drought disaster in 2021, the Secretary is authorized to update water control manuals for water resources development projects under the authority of the Secretary in the State, with priority given to those projects that include water supply or water conservation as an authorized purpose.

SEC. 8110. National Coastal Mapping Study.

(a)

In General.— The Secretary, acting through the Director of the Engineer Research and Development Center, is authorized to carry out a study of coastal geographic land changes, with recurring national coastal mapping technology, along the coastal zone of the United States to support Corps of Engineers missions.

(b)

Study.— In carrying out the study under subsection (a), the Secretary shall identify—

(1)

new or advanced geospatial information and remote sensing tools for coastal mapping;

(2)

best practices for coastal change mapping; and

(3)

how to most effectively—

(A)

collect and analyze such advanced geospatial information;

(B)

disseminate such geospatial information to relevant offices of the Corps of Engineers, other Federal agencies, States, Tribes, and local governments; and

(C)

make such geospatial information available to other stakeholders.

(c)

Demonstration Project.—

(1)

Project area.— In carrying out the study under subsection (a), the Secretary shall carry out a demonstration project in the coastal region covering the North Carolina coastal waters, connected bays, estuaries, rivers, streams, and creeks, to their tidally influenced extent inland.

(2)

Scope.— In carrying out the demonstration project, the Secretary shall—

(A)

identify and study potential hazards, such as debris, sedimentation, dredging effects, and flood areas;

(B)

identify best practices described in subsection (b)(2), including best practices relating to geographical coverage and frequency of mapping;

(C)

evaluate and demonstrate relevant mapping technologies to identify which are the most effective for regional mapping of the transitional areas between the open coast and inland waters; and

(D)

demonstrate remote sensing tools for coastal mapping.

(d)

Coordination.— In carrying out this section, the Secretary shall coordinate with other Federal and State agencies that are responsible for authoritative data and academic institutions and other entities with relevant expertise.

(e)

Panel.—

(1)

Establishment.— In carrying out this section, the Secretary shall establish a panel of senior leaders from the Corps of Engineers and other Federal agencies that are stakeholders in the coastal mapping program carried out through the Engineer Research and Development Center.

(2)

Duties.— The panel established under this subsection shall—

(A)

coordinate the collection of data under the study carried out under this section;

(B)

coordinate the use of geospatial information and remote sensing tools, and the application of the best practices identified under the study, by Federal agencies; and

(C)

identify technical topics and challenges that require multiagency collaborative research and development.

(f)

Use of Existing Information.— In carrying out this section, the Secretary shall consider any relevant information developed under section 516(g) of the Water Resources Development Act of 1996 (33 U.S.C. 2326b(g)).

(g)

Report.— 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 Representatives and the Committee on Environment and Public Works of the Senate a report that describes—

(1)

the results of the study carried out under this section; and

(2)

any geographical areas recommended for additional study.

(h)

Authorization of Appropriations.— There is authorized to be appropriated to carry out this section $25,000,000, to remain available until expended.

SEC. 8111. Tribal Partnership Program.

Section 203 of the Water Resources Development Act of 2000 (33 U.S.C. 2269) is amended—

(1)

in subsection (a), by striking “ (25 U.S.C. 450b)” and inserting “ (25 U.S.C. 5304)”;

(2)

in subsection (b)—

(A)

in paragraph (2)—

(i)

in subparagraph (A)—

(I)

by inserting “ hurricane and storm” after “ flood”; and

(II)

by inserting “ including erosion control,” after “ reduction,”;

(ii)

in subparagraph (B), by striking “ and” at the end;

(iii)

by redesignating subparagraph (C) as subparagraph (D); and

(iv)

by inserting after subparagraph (B) the following:

“(C) technical assistance to an Indian tribe, including—

“(i) assistance for planning to ameliorate flood hazards, to avoid repetitive flood impacts, to anticipate, prepare, and adapt to changing hydrological and climatic conditions and extreme weather events, and to withstand, respond to, and recover rapidly from disruption due to flood hazards; and

“(ii) the provision of, and integration into planning of, hydrologic, economic, and environmental data and analyses; and”

(B)

in paragraph (3), by adding at the end the following:

“(C) Initial costs.—The first $200,000 of the costs of a study under this section shall be at Federal expense.”

(C)

in paragraph (4)—

(i)

in subparagraph (A), by striking “ $18,500,000” and inserting “ $26,000,000”; and

(ii)

in subparagraph (B), by striking “ $18,500,000” and inserting “ $26,000,000”; and

(D)

by adding at the end the following:

“(5) Project justification.—Notwithstanding any requirement for economic justification established under section 209 of the Flood Control Act of 1970 (42 U.S.C. 1962–2), the Secretary may implement a project (other than a project for ecosystem restoration) under this section if the Secretary determines that the project will—

“(A) significantly reduce potential flood or hurricane and storm damage hazards (which may be limited to hazards that may be addressed by measures for erosion mitigation or bank stabilization);

“(B) improve the quality of the environment;

“(C) reduce risks to life safety associated with the hazards described in subparagraph (A); and

“(D) improve the long-term viability of the community.”

(3)

in subsection (d)—

(A)

in paragraph (5)(B)—

(i)

by striking “ non-Federal” and inserting “ Federal”; and

(ii)

by striking “ 50 percent” and inserting “ 100 percent”; and

(B)

by adding at the end the following:

“(6) Technical assistance.—The Federal share of the cost of activities described in subsection (b)(2)(C) shall be 100 percent.”

; and

(4)

in subsection (e), by striking “ 2024” and inserting “ 2033”.

SEC. 8112. Tribal Liaison.

(a)

In General.— Beginning not later than 1 year after the date of enactment of this Act, the District Commander for each Corps of Engineers district that contains a Tribal community shall have on staff a Tribal Liaison.

(b)

Duties.— Each Tribal Liaison shall make recommendations to the applicable District Commander regarding, and be responsible for—

(1)

removing barriers to access to, and participation in, Corps of Engineers programs for Tribal communities, including by improving implementation of section 103(m) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(m));

(2)

improving outreach to, and engagement with, Tribal communities about relevant Corps of Engineers programs and services;

(3)

identifying and engaging with Tribal communities suffering from water resources challenges;

(4)

improving, expanding, and facilitating government-to-government consultation between Tribal communities and the Corps of Engineers;

(5)

coordinating and implementing all relevant Tribal consultation policies and associated guidelines, including the requirements of section 112 of the Water Resources Development Act of 2020 (33 U.S.C. 2356);

(6)

training and tools to facilitate the ability of Corps of Engineers staff to effectively engage with Tribal communities in a culturally competent manner, especially in regards to lands of ancestral, historic, or cultural significance to a Tribal community, including burial sites; and

(7)

such other issues identified by the Secretary.

(c)

Uniformity.— Not later than 120 days after the date of enactment of this Act, the Secretary shall finalize guidelines for—

(1)

a position description for Tribal Liaisons; and

(2)

required qualifications for Tribal Liaisons, including experience and expertise relating to Tribal communities and water resource issues.

(d)

Funding.— Funding for the position of Tribal Liaison shall be allocated from the budget line item provided for the expenses necessary for the supervision and general administration of the civil works program, and filling the position shall not be dependent on any increase in this budget line item.

(e)

Definitions.— In this section:

(1)

Tribal community.— The term “Tribal community” means a community of people who are recognized and defined under Federal law as indigenous people of the United States.

(2)

Tribal liaison.— The term “Tribal Liaison” means a permanent employee of a Corps of Engineers district whose primary responsibilities are to—

(A)

serve as a direct line of communication between the District Commander and the Tribal communities within the boundaries of the Corps of Engineers district; and

(B)

ensure consistency in government-to-government relations.

SEC. 8113. Tribal Assistance.

(a)

Clarification of Existing Authority.—

(1)

In general.— Subject to paragraph (2), the Secretary, in consultation with the heads of relevant Federal agencies, the Confederated Tribes of the Warm Springs Reservation of Oregon, the Confederated Tribes and Bands of the Yakama Nation, the Nez Perce Tribe, and the Confederated Tribes of the Umatilla Indian Reservation, shall revise and carry out the village development plan for The Dalles Dam, Columbia River, Washington and Oregon, as authorized by section 204 of the Flood Control Act of 1950 (chapter 188, 64 Stat. 179), to comprehensively address adverse impacts to Indian villages, housing sites, and related structures as a result of the construction of The Dalles Dam, Bonneville Dam, McNary Dam, and John Day Dam, Washington and Oregon.

(2)

Examination.— Before carrying out the requirements of paragraph (1), the Secretary shall conduct an examination and assessment of the extent to which Indian villages, housing sites, and related structures were displaced or destroyed by the construction of the following projects:

(A)

Bonneville Dam, Columbia River, Oregon, as authorized by the first section of the Act of August 30, 1935 (chapter 831, 49 Stat. 1038) and the first section and section 2(a) of the Act of August 20, 1937 (16 U.S.C. 832, 832a(a)).

(B)

McNary Dam, Columbia River, Washington and Oregon, as authorized by section 2 of the Act of March 2, 1945 (chapter 19, 59 Stat. 22).

(C)

John Day Dam, Columbia River, Washington and Oregon, as authorized by section 204 of the Flood Control Act of 1950 (chapter 188, 64 Stat. 179).

(3)

Requirements.— The village development plan under paragraph (1) shall include, at a minimum—

(A)

an evaluation of sites on both sides of the Columbia River;

(B)

an assessment of suitable Federal land and land owned by the States of Washington and Oregon; and

(C)

an estimated cost and tentative schedule for the construction of each housing development.

(4)

Location of assistance.— The Secretary may provide housing and related assistance under this subsection at 1 or more village sites in the States of Washington and Oregon.

(b)

Provision of Assistance on Federal Land.— The Secretary may construct housing or provide related assistance on land owned by the United States in carrying out the village development plan under subsection (a)(1).

(c)

Acquisition and Disposal of Land.—

(1)

In general.— Subject to subsection (d), the Secretary may acquire land or interests in land for the purpose of providing housing and related assistance in carrying out the village development plan under subsection (a)(1).

(2)

Advance acquisition.— Acquisition of land or interests in land under paragraph (1) may be carried out in advance of completion of all required documentation and receipt of all required clearances for the construction of housing or related improvements on the land.

(3)

Disposal of unsuitable land.— If the Secretary determines that any land or interest in land acquired by the Secretary under paragraph (2) is unsuitable for that housing or for those related improvements, the Secretary may—

(A)

dispose of the land or interest in land by sale; and

(B)

credit the proceeds to the appropriation, fund, or account used to purchase the land or interest in land.

(d)

Limitation.— The Secretary shall only acquire land from willing landowners in carrying out this section.

(e)

Cooperative Agreements.— The Secretary may enter into a cooperative agreement with a Tribe described in subsection (a)(1), or with a Tribal organization of such a Tribe, to provide funds to the Tribe to construct housing or provide related assistance in carrying out the village development plan under such subsection.

(f)

Conveyance Authorized.— Upon completion of construction at a village site under this section, the Secretary may, without consideration, convey the village site and the improvements located thereon to a Tribe described in subsection (a)(1), or to a Tribal organization of such a Tribe.

(g)

Conforming Amendment.— Section 1178(c) of the Water Resources Development Act of 2016 (130 Stat. 1675; 132 Stat. 3781) is repealed.

SEC. 8114. Cost Sharing Provisions for the Territories and Indian Tribes.

Section 1156 of the Water Resources Development Act of 1986 (33 U.S.C. 2310) is amended—

(1)

in subsection (a)—

(A)

in paragraph (1), by striking “ and” at the end;

(B)

in paragraph (2), by striking the period at the end and inserting “ ; and” ; and

(C)

by adding at the end the following:

“(3) for any organization that—

“(A) is composed primarily of people who are—

“(i) recognized and defined under Federal law as indigenous people of the United States; and

“(ii) from a specific community; and

“(B) assists in the social, cultural, and educational development of such people in that community.”

; and

(2)

by adding at the end the following:

“(c) Inclusion.—For purposes of this section, the term ‘study’ includes a watershed assessment.

“(d) Application.—The Secretary shall apply the waiver amount described in subsection (a) to reduce only the non-Federal share of study and project costs.”

SEC. 8115. Tribal and Economically Disadvantaged Communities Advisory Committee.

(a)

Establishment.— Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a committee, to be known as the “Tribal and Economically Disadvantaged Communities Advisory Committee”, to develop and make recommendations to the Secretary and the Chief of Engineers on activities and actions that should be undertaken by the Corps of Engineers to ensure more effective delivery of water resources development projects, programs, and other assistance to Indian Tribes and economically disadvantaged communities, including economically disadvantaged communities located in urban and rural areas.

(b)

Membership.— The Committee shall be composed of members, appointed by the Secretary, who have the requisite experiential or technical knowledge needed to address issues related to the water resources needs and challenges of economically disadvantaged communities and Indian Tribes, including—

(1)

5 individuals representing organizations with expertise in environmental policy, rural water resources, economically disadvantaged communities, Tribal rights, or civil rights; and

(2)

5 individuals, each representing a non-Federal interest for a Corps of Engineers project.

(c)

Duties.—

(1)

Recommendations.— The Committee shall provide advice and make recommendations to the Secretary and the Chief of Engineers to assist the Corps of Engineers in—

(A)

efficiently and effectively delivering solutions to the needs and challenges of water resources development projects for economically disadvantaged communities and Indian Tribes;

(B)

integrating consideration of economically disadvantaged communities and Indian Tribes, where applicable, in the development of water resources development projects and programs of the Corps of Engineers; and

(C)

improving the capability and capacity of the workforce of the Corps of Engineers to assist economically disadvantaged communities and Indian Tribes.

(2)

Meetings.— The Committee shall meet as appropriate to develop and make recommendations under paragraph (1).

(3)

Report.— Recommendations made under paragraph (1) shall be—

(A)

included in a report submitted to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and

(B)

made publicly available, including on a publicly available website.

(d)

Independent Judgment.— Any recommendation made by the Committee to the Secretary and the Chief of Engineers under subsection (c)(1) shall reflect the independent judgment of the Committee.

(e)

Administration.—

(1)

Compensation.— Except as provided in paragraph (3), the members of the Committee shall serve without compensation.

(2)

Travel expenses.— The members of the Committee shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.

(3)

Treatment.— The members of the Committee shall not be considered to be Federal employees, and the meetings and reports of the Committee shall not be considered a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(f)

Definitions.— In this section:

(1)

Committee.— The term “Committee” means the Tribal and Economically Disadvantaged Communities Advisory Committee established under subsection (a).

(2)

Economically disadvantaged community.— The term “economically disadvantaged community” has the meaning given the term as defined by the Secretary under section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note).

(3)

Indian tribe.— The term “Indian Tribe” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

SEC. 8116. Workforce Planning.

(a)

Authorization.— The Secretary is authorized to carry out activities, at Federal expense—

(1)

to foster, enhance, and support science, technology, engineering, and math education and awareness; and

(2)

to recruit individuals for careers at the Corps of Engineers.

(b)

Partnering Entities.— In carrying out activities under this section, the Secretary may enter into partnerships with—

(1)

public elementary and secondary schools, including charter schools;

(2)

community colleges;

(3)

technical schools; and

(4)

colleges and universities, including historically Black colleges and universities.

(c)

Prioritization.— The Secretary shall, to the maximum extent practicable, prioritize the recruitment of individuals under this section that are from economically disadvantaged communities (as defined by the Secretary under section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note)), including economically disadvantaged communities located in urban and rural areas.

(d)

Definition of Historically Black College or University.— In this section, the term “historically Black college or university” has the meaning given the term “part B institution” in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).

(e)

Authorization of Appropriations.— There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2023 through 2027.

SEC. 8117. Corps of Engineers Support for Underserved Communities; Outreach.

(a)

In General.— It is the policy of the United States for the Corps of Engineers to strive to understand and accommodate and, in coordination with non-Federal interests, seek to address the water resources development needs of all communities in the United States.

(b)

Outreach and Access.—

(1)

In general.— The Secretary shall, at Federal expense, develop, support, and implement public awareness, education, and regular outreach and engagement efforts for potential non-Federal interests with respect to the water resources development authorities of the Secretary, with particular emphasis on—

(A)

technical service programs, including the authorities under—

(i)

section 206 of the Flood Control Act of 1960 (33 U.S.C. 709a);

(ii)

section 22 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–16); and

(iii)

section 203 of the Water Resources Development Act of 2000 (33 U.S.C. 2269); and

(B)

continuing authority programs, as such term is defined in section 7001(c)(1)(D) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d).

(2)

Implementation.— In carrying out this subsection, the Secretary shall—

(A)

develop and make publicly available (including on a publicly available website), technical assistance materials, guidance, and other information with respect to the water resources development authorities of the Secretary;

(B)

establish and make publicly available (including on a publicly available website), an appropriate point of contact at each district and division office of the Corps of Engineers for inquiries from potential non-Federal interests relating to the water resources development authorities of the Secretary;

(C)

conduct regular outreach and engagement, including through hosting seminars and community information sessions, with local elected officials, community organizations, and previous and potential non-Federal interests, on opportunities to address local water resources challenges through the water resources development authorities of the Secretary;

(D)

issue guidance for, and provide technical assistance through technical service programs to, non-Federal interests to assist such interests in pursuing technical services and developing proposals for water resources development projects; and

(E)

provide, at the request of a non-Federal interest, assistance with researching and identifying existing project authorizations or authorities to address local water resources challenges.

(3)

Prioritization.— In carrying out this subsection, the Secretary shall, to the maximum extent practicable, prioritize awareness, education, and outreach and engagement to economically disadvantaged communities (as defined by the Secretary under section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note)), including economically disadvantaged communities located in urban and rural areas.

(4)

Authorization of appropriations.— There is authorized to be appropriated to carry out this section $30,000,000 for each fiscal year.

SEC. 8118. Pilot Programs for Certain Communities.

(a)

Pilot Programs on the Formulation of Corps of Engineers Projects in Rural Communities and Economically Disadvantaged Communities.— Section 118 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note) is amended—

(1)

in subsection (b)(2)—

(A)

in subparagraph (A), by striking “ publish” and inserting “ annually publish”; and

(B)

in subparagraph (C), by striking “ select” and inserting “ , subject to the availability of appropriations, annually select”; and

(2)

in subsection (c)(2), in the matter preceding subparagraph (A), by striking “ projects” and inserting “ projects annually”.

(b)

Pilot Program for Continuing Authority Projects in Small or Disadvantaged Communities.— Section 165(a) of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note) is amended in paragraph (2)(B), by striking “ 10” and inserting “ 20”.

SEC. 8119. Technical Assistance.

(a)

Planning Assistance to States.— Section 22 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–16) is amended—

(1)

in subsection (a)—

(A)

in paragraph (1)—

(i)

by inserting “ local government,” after “ State or group of States,”; and

(ii)

by inserting “ local government,” after “ such State, interest,”;

(B)

in paragraph (3), by striking “ section 236 of title 10” and inserting “ section 4141 of title 10”; and

(C)

by adding at the end the following:

“(4) Prioritization.—To the maximum extent practicable, the Secretary shall prioritize the provision of assistance under this subsection to address both inland and coastal life safety risks.”

(2)

in subsection (c)(2), by striking “ $15,000,000” and inserting “ $30,000,000”; and

(3)

in subsection (f)—

(A)

by striking “ The cost-share for assistance” and inserting the following:

“(1) Tribes and territories.—The cost-share for assistance”

; and

(B)

by adding at the end the following:

“(2) Economically disadvantaged communities.—Notwithstanding subsection (b)(1) and the limitation in section 1156 of the Water Resources Development Act of 1986, as applicable pursuant to paragraph (1) of this subsection, the Secretary is authorized to waive the collection of fees for any local government to which assistance is provided under subsection (a) that the Secretary determines is an economically disadvantaged community, as defined by the Secretary under section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note) (including economically disadvantaged communities located in urban and rural areas).”

(b)

Watershed Planning and Technical Assistance.— In providing assistance under section 22 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–16) or pursuant to section 206 of the Flood Control Act of 1960 (33 U.S.C. 709a), the Secretary shall, upon request, provide such assistance at a watershed scale.

SEC. 8120. Technical Assistance for Levee Inspections.

In any instance where the Secretary requires, as a condition of eligibility for Federal assistance under section 5 of the Act of August 18, 1941 (33 U.S.C. 701n), that a non-Federal sponsor of a flood control project undertake an electronic inspection of the portion of such project that is under normal circumstances submerged, the Secretary shall provide to the non-Federal sponsor credit or reimbursement for the cost of carrying out such inspection against the non-Federal share of the cost of repair or restoration of such project carried out under such section.

SEC. 8121. Assessment of Corps of Engineers Levees.

(a)

In General.— The Secretary shall periodically conduct assessments of federally authorized levees under the jurisdiction of the Corps of Engineers, to evaluate the potential Federal interest in the modification (including realignment or incorporation of natural features and nature-based features, as such terms are defined in section 1184(a) of the Water Resources Development Act of 2016 (33 U.S.C. 2289a(a))) of levee systems to meet one or more of the following objectives:

(1)

Increasing the flood risk reduction benefits of such systems.

(2)

Achieving greater flood resiliency.

(3)

Restoring hydrological and ecological connections with adjacent floodplains that achieve greater environmental benefits without undermining flood risk reduction or flood resiliency for levee-protected communities.

(b)

Levees Operated by Non-Federal Interests.— The Secretary shall carry out an assessment under subsection (a) for a federally authorized levee system operated by a non-Federal interest only if the non-Federal interest—

(1)

requests the assessment; and

(2)

agrees to provide 50 percent of the cost of the assessment.

(c)

Assessments.—

(1)

Considerations.— In conducting an assessment under subsection (a), the Secretary shall consider and identify, with respect to each levee system—

(A)

an estimate of the number of structures and population at risk and protected by the levee system that would be adversely impacted if the levee system fails or water levels exceed the height of any levee segment within the levee system (which may be the applicable estimate included in the levee database established under section 9004 of the Water Resources Development Act of 2007 (33 U.S.C. 3303), if available);

(B)

the number of times the non-Federal interest has received emergency flood-fighting or repair assistance under section 5 of the Act of August 18, 1941 (33 U.S.C. 701n) for the levee system, and the total expenditures on postflood repairs over the life of the levee system;

(C)

the functionality of the levee system with regard to higher precipitation levels, including due to changing climatic conditions and extreme weather events;

(D)

the potential costs and benefits (including environmental benefits and implications for levee-protected communities) from modifying the applicable levee system to restore connections with adjacent floodplains; and

(E)

available studies, information, literature, or data from relevant Federal, State, or local entities.

(2)

Prioritization.— In conducting an assessment under subsection (a), the Secretary shall, to the maximum extent practicable, prioritize levee systems—

(A)

associated with an area that has been subject to flooding in two or more events in any 10-year period; and

(B)

for which the non-Federal interest has received emergency flood-fighting or repair assistance under section 5 of the Act of August 18, 1941 (33 U.S.C. 701n) with respect to such flood events.

(3)

Scope.— The Secretary shall ensure that an assessment under subsection (a) shall be similar in cost and scope to an initial assessment prepared by the Secretary pursuant to section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a).

(d)

Flood Plain Management Services.— In conducting an assessment under subsection (a), the Secretary shall consider information on floods and flood damages compiled under section 206 of the Flood Control Act of 1960 (33 U.S.C. 709a).

(e)

Report to Congress.—

(1)

In general.— Not later than 18 months after the date of enactment of this section, and periodically thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the assessments conducted under subsection (a).

(2)

Inclusion.— The Secretary shall include in each report submitted under paragraph (1)—

(A)

identification of any levee system for which the Secretary has conducted an assessment under subsection (a);

(B)

a description of any opportunities identified under such subsection for the modification of a levee system, including the potential benefits of such modification for the purposes identified under such subsection;

(C)

information relating to the willingness and ability of each applicable non-Federal interest to participate in a modification to the relevant levee system, including by obtaining any real estate necessary for the modification; and

(D)

a summary of the information considered and identified under subsection (c)(1).

(f)

Incorporation of Information.— The Secretary shall include in the levee database established under section 9004 of the Water Resources Development Act of 2007 (33 U.S.C. 3303) the information included in each report submitted under subsection (e), and make such information publicly available (including on a publicly available website).

(g)

Levee System Defined.— In this section, the term “levee system” has the meaning given that term in section 9002(9) of the Water Resources Development Act of 2007 (33 U.S.C. 3301).

(h)

Authorization of Appropriations.— There is authorized to be appropriated to carry out this section $10,000,000, to remain available until expended.

SEC. 8122. National Low-Head Dam Inventory.

The National Dam Safety Program Act (33 U.S.C. 467 et seq.) is amended by adding at the end the following:

“SEC. 15. NATIONAL LOW-HEAD DAM INVENTORY.

“(a) Definitions.—In this section:

“(1) Inventory.—The term ‘inventory’ means the national low-head dam inventory developed under subsection (b)(1)(A).

“(2) Low-head dam.—The term ‘low-head dam’ means a river-wide artificial barrier that generally spans a stream channel, blocking the waterway and creating a backup of water behind the barrier, with a drop off over the wall of not less than 6 inches and not more than 25 feet.

“(b) National Low-Head Dam Inventory.—

“(1) In general.—Not later than 18 months after the date of enactment of this section, the Secretary of the Army, in consultation with the heads of appropriate Federal and State agencies, shall—

“(A) develop an inventory of low-head dams in the United States that includes—

“(i) the location, ownership, description, current use, condition, height, and length of each low-head dam;

“(ii) any information on public safety conditions at each low-head dam;

“(iii) public safety information on the dangers of low-head dams;

“(iv) a directory of financial and technical assistance resources available to reduce safety hazards and fish passage barriers at low-head dams; and

“(v) any other relevant information concerning low-head dams; and

“(B) submit the inventory to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

“(2) Data.—In carrying out this subsection, the Secretary shall—

“(A) coordinate with Federal and State agencies and other relevant entities; and

“(B) use data provided to the Secretary by those agencies and entities.

“(3) Public availability.—The Secretary shall make the inventory publicly available, including on a publicly available website.

“(4) Updates.—The Secretary, in consultation with the heads of appropriate Federal and State agencies, shall maintain and periodically publish updates to the inventory.

“(c) Authorization of Appropriations.—There is authorized to be appropriated to the Secretary to carry out this section $30,000,000.

“(d) Clarification.—Nothing in this section provides authority to the Secretary to carry out an activity, with respect to a low-head dam, that is not explicitly authorized under this section.”

SEC. 8123. Expediting Hydropower at Corps of Engineers Facilities.

Section 1008 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2321b) is amended—

(1)

in subsection (b)(1), by inserting “ and to meet the requirements of subsection (b)” after “ projects”;

(2)

by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and

(3)

by inserting after subsection (a) the following:

“(b) Implementation of Policy.—The Secretary shall—

“(1) ensure that the policy described in subsection (a) is implemented nationwide in an efficient, consistent, and coordinated manner; and

“(2) assess opportunities—

“(A) to increase the development of hydroelectric power at existing water resources development projects of the Corps of Engineers with hydroelectric facilities; and

“(B) to develop new hydroelectric power at existing nonpowered water resources development projects of the Corps of Engineers.”

SEC. 8124. Reserve Component Training at Water Resources Development Projects.

(a)

In General.— In carrying out military training activities or otherwise fulfilling military training requirements, units or members of a reserve component of the Armed Forces may perform services and furnish supplies in support of a water resources development project or program of the Corps of Engineers without reimbursement.

(b)

Exception.— This section shall not apply to any member of a reserve component of the Armed Forces who is employed by the Corps of Engineers on a full-time basis.

SEC. 8125. Payment of Pay and Allowances of Certain Officers from Appropriation for Improvements.

Section 36 of the Act of August 10, 1956 (33 U.S.C. 583a), is amended—

(1)

by striking “ Regular officers of the Corps of Engineers of the Army, and reserve officers of the Army who are assigned to the Corps of Engineers,” and inserting the following:

“(a) In General.—The personnel described in subsection (b)”

; and

(2)

by adding at the end the following:

“(b) Personnel Described.—The personnel referred to in subsection (a) are the following:

“(1) Regular officers of the Corps of Engineers of the Army.

“(2) The following members of the Army who are assigned to the Corps of Engineers:

“(A) Reserve component officers.

“(B) Warrant officers (whether regular or reserve component).

“(C) Enlisted members (whether regular or reserve component).”

SEC. 8126. Maintenance Dredging Permits.

(a)

In General.— The Secretary shall, to the maximum extent practicable, prioritize the reissuance of any regional general permit for maintenance dredging under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) that expired prior to May 1, 2021.

(b)

Savings Provision.— Nothing in this section affects any obligation to comply with the provisions of any Federal or State environmental law, including—

(1)

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(2)

the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and

(3)

the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

SEC. 8127. Environmental Dredging.

(a)

In General.— In carrying out the following projects, the Secretary shall, to the maximum extent practicable, coordinate efforts with the applicable non-Federal interest, the Administrator of the Environmental Protection Agency, and the heads of other Federal, State, and regional agencies responsible for the remediation of contaminated sediments:

(1)

The project for ecosystem restoration, South Fork of the South Branch of the Chicago River, Bubbly Creek, Illinois, authorized by section 401(5) of the Water Resources Development Act of 2020 (134 Stat. 2740).

(2)

The project for navigation, Columbia and Lower Willamette Rivers, Oregon and Washington, authorized by section 101 of the River and Harbor Act of 1962 (76 Stat. 1177), in the vicinity of the Albina Turning Basin, River Mile 10, and the Post Office Bar, Portland Harbor, River Mile 2.

(3)

The project for aquatic ecosystem restoration, Mahoning River, Ohio, being carried out under section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330).

(4)

The project for navigation, South Branch of the Chicago River, Cook County, Illinois, in the vicinity of Collateral Channel.

(5)

The projects carried out under the Comprehensive Everglades Restoration Plan, as authorized by or pursuant to section 601 of the Water Resources Development Act of 2000 (114 Stat. 2680; 132 Stat. 3786), in the vicinity of Lake Okeechobee.

(b)

Report to Congress.— Not later than 180 days after the date of enactment of this section, the Secretary and the Administrator of the Environmental Protection Agency shall jointly 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 efforts to remove or remediate contaminated sediments associated with the projects identified in subsection (a), including, if applicable, any specific recommendations for actions or agreements necessary to undertake such work.

(c)

Limitation on Statutory Construction.— Nothing in this section shall be construed to affect the rights and responsibilities of any person under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).

SEC. 8128. Assessment of Regional Confined Aquatic Disposal Facilities.

(a)

Authority.— The Secretary is authorized to conduct assessments of the availability of confined aquatic disposal facilities for the disposal of contaminated dredged material.

(b)

Information and Comment.— In conducting an assessment under this section, the Secretary shall—

(1)

solicit information from stakeholders on potential projects that may require disposal of contaminated sediments in a confined aquatic disposal facility;

(2)

solicit information from the applicable division of the Corps of Engineers on the need for confined aquatic disposal facilities; and

(3)

provide an opportunity for public comment.

(c)

New England District Region Assessment.— In carrying out subsection (a), the Secretary shall prioritize conducting an assessment of the availability of confined aquatic disposal facilities in the New England District region for the disposal of contaminated dredged material in such region.

(d)

Report to Congress.— 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 on the results of any assessments conducted under this section, including any recommendations of the Secretary for the construction of new confined aquatic disposal facilities or expanded capacity for confined aquatic disposal facilities.

(e)

Definition.— In this section, the term “New England District region” means the area located within the boundaries of the New England District in the North Atlantic Division of the Corps of Engineers.

SEC. 8129. Studies for Periodic Nourishment.

(a)

In General.— Section 156 of the Water Resources Development Act of 1976 (42 U.S.C. 1962d–5f) is amended—

(1)

in subsection (b)—

(A)

in paragraph (1), by striking “ 15” and inserting “ 50”; and

(B)

in paragraph (2), by striking “ 15”; and

(2)

in subsection (e)—

(A)

by striking “ 10-year period” and inserting “ 16-year period”; and

(B)

by striking “ 6 years” and inserting “ 12 years”.

(b)

Indian River Inlet Sand Bypass Plant.— For purposes of the project for hurricane-flood protection and beach erosion control at Indian River Inlet, Delaware, commonly known as the “Indian River Inlet Sand Bypass Plant”, authorized by section 869 of the Water Resources Development Act of 1986 (100 Stat. 4182), a study carried out under section 156(b) of the Water Resources Development Act of 1976 (42 U.S.C. 1962d–5f(b)) shall consider as an alternative for periodic nourishment continued reimbursement of the Federal share of the cost to the non-Federal interest for the project to operate and maintain the sand bypass plant.

SEC. 8130. Beneficial Use of Dredged Material; Management Plans.

(a)

Strategic Plan on Beneficial Use of Dredged Material.—

(1)

In general.— Not later than 1 year 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 strategic plan that identifies opportunities and challenges relating to furthering the policy of the United States to maximize the beneficial use of suitable dredged material obtained from the construction or operation and maintenance of water resources development projects, as described in section 125(a)(1) of the Water Resources Development Act of 2020 (33 U.S.C. 2326g).

(2)

Consultation.— In developing the strategic plan under paragraph (1), the Secretary shall—

(A)

consult with relevant Federal agencies involved in the beneficial use of dredged material;

(B)

solicit and consider input from State and local governments and Indian Tribes, while seeking to ensure a geographic diversity of input from the various Corps of Engineers divisions; and

(C)

consider input received from other stakeholders involved in beneficial use of dredged material.

(3)

Inclusion.— The Secretary shall include in the strategic plan developed under paragraph (1)—

(A)

identification of any specific barriers and conflicts that the Secretary determines impede the maximization of beneficial use of dredged material at the Federal, State, and local level, and any recommendations of the Secretary to address such barriers and conflicts;

(B)

identification of specific measures to improve interagency and Federal, State, local, and Tribal communications and coordination to improve implementation of section 125(a) of the Water Resources Development Act of 2020 (33 U.S.C. 2326g); and

(C)

identification of methods to prioritize the use of dredged material to benefit water resources development projects in areas experiencing vulnerabilities to coastal land loss.

(b)

Dredged Material Management Plans for Harbors in the State of Ohio.—

(1)

In general.—

(A)

Formulation of plan.— In developing each dredged material management plan for a federally authorized harbor in the State of Ohio, including any such plan under development on the date of enactment of this Act, each District Commander shall include, as a constraint on the formulation of the base plan and any alternatives, a prohibition consistent with section 105 of the Energy and Water Development and Related Agencies Appropriations Act, 2022 (Public Law 117–103; 136 Stat. 217) on the use of funds for open-lake disposal of dredged material.

(B)

Maximization of beneficial use.— Each dredged material management plan for a federally authorized harbor in the State of Ohio, including any such dredged material management plan under development on the date of enactment of this Act, shall maximize the beneficial use of dredged material under the base plan and under section 204(d) of the Water Resources Development Act of 1992 (33 U.S.C. 2326(d)).

(2)

Savings provision.— Nothing in this subsection prohibits the use of funds for open-lake disposal of dredged material if such use is not otherwise prohibited by law.

SEC. 8131. Criteria for Funding Operation and Maintenance of Small, Remote, and Subsistence Harbors.

(a)

In General.— Not later than 180 days after the date of enactment of this Act, the Secretary shall develop specific criteria for the annual evaluation and ranking of maintenance dredging requirements for small harbors and remote and subsistence harbors, taking into account the following:

(1)

The contribution of a harbor to the local and regional economy.

(2)

The extent to which a harbor has deteriorated since the last cycle of maintenance dredging.

(3)

Public safety concerns.

(b)

Inclusion in Guidance.— The Secretary shall include the criteria developed under subsection (a) in the annual Civil Works Direct Program Development Policy Guidance of the Secretary.

(c)

Report to Congress.— The Secretary shall include in each biennial report submitted under section 210(e)(3) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(e)(3)) a ranking of projects in accordance with the criteria developed under subsection (a) of this section.

(d)

Definitions.— In this section:

(1)

Remote and subsistence harbor.— The term “remote and subsistence harbor” means a harbor with respect to which section 2006 of the Water Resources Development Act of 2007 (33 U.S.C. 2242) applies, as determined by the Secretary.

(2)

Small harbor.— The term “small harbor” includes an emerging harbor, as such term is defined in section 210 of the Water Resources Development Act of 1986 (33 U.S.C. 2238).

SEC. 8132. Additional Projects for Underserved Community Harbors.

(a)

In General.— Subject to the availability of appropriations designated by statute as being for the purpose of carrying out this section, the Secretary may carry out projects for underserved community harbors for purposes of sustaining water-dependent commercial and recreational activities at such harbors.

(b)

Beneficial Use.—

(1)

Justification.— The Secretary may carry out a project under this section involving a disposal option for the beneficial use of dredged material that is not the least cost disposal option if the Secretary determines that the incremental cost of the disposal option is reasonable pursuant to the standard described in section 204(d)(1) of the Water Resources Development Act of 1992 (33 U.S.C. 2326(d)(1)).

(2)

Cost share.— The non-Federal share of the incremental cost of a project carried out under this section involving a disposal option for the beneficial use of dredged material that is not the least cost disposal option shall be determined as provided under subsections (a) through (d) of section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213).

(c)

Prioritization.— The Secretary shall prioritize carrying out projects using funds made available under this section based on an assessment of—

(1)

the local or regional economic benefits of the project;

(2)

the environmental benefits of the project, including the benefits to the aquatic environment to be derived from the creation of wetland and control of shoreline erosion; and

(3)

other social effects of the project, including protection against loss of life and contributions to local or regional cultural heritage.

(d)

Clarification.— The Secretary shall not require the non-Federal interest for a project carried out under this section to perform additional operation and maintenance activities at the beneficial use placement site or the disposal site for such project as a condition of receiving assistance under this section.

(e)

Federal Participation Limit.— The Federal share of the cost of a project under this section shall not exceed $10,000,000.

(f)

Statutory Construction.— Projects carried out under this section shall be in addition to operation and maintenance activities otherwise carried out by the Secretary for underserved community harbors using funds appropriated pursuant to section 210 of the Water Resources Development Act of 1986 (33 U.S.C. 2238) or section 102(a) of the Water Resources Development Act of 2020 (33 U.S.C. 2238 note).

(g)

Definitions.— In this section:

(1)

Project.— The term “project” means a single cycle of maintenance dredging of an underserved community harbor and any associated placement of dredged material at a beneficial use placement site or disposal site.

(2)

Underserved community harbor.— The term “underserved community harbor” means an emerging harbor (as defined in section 210(f) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(f))) for which—

(A)

no Federal funds have been obligated for maintenance dredging in the current fiscal year or in any of the 4 preceding fiscal years; and

(B)

State and local investments in infrastructure have been made during any of the 4 preceding fiscal years.

(h)

Authorization of Appropriations.—

(1)

In general.— There is authorized to be appropriated to carry out this section $50,000,000 from the General Fund of the Treasury for each of fiscal years 2023 through 2026, to be deposited into the “corps of engineers—civil—operation and maintenance” account.

(2)

Special rule.— Not less than 35 percent of the amounts made available to carry out this section for each fiscal year shall be used for projects involving the beneficial use of dredged material.

SEC. 8133. Inland Waterways Regional Dredge Pilot Program.

(a)

In General.— The Secretary is authorized to establish a pilot program (referred to in this section as the “pilot program”) to conduct a multiyear demonstration program to award contracts with a duration of up to 5 years for dredging projects on inland waterways of the United States described in section 206 of the Inland Waterways Revenue Act of 1978 (33 U.S.C. 1804).

(b)

Purposes.— The purposes of the pilot program shall be to—

(1)

increase the reliability, availability, and efficiency of federally owned and federally operated inland waterways projects;

(2)

decrease operational risks across the inland waterways system; and

(3)

provide cost savings by combining work across multiple projects across different accounts of the Corps of Engineers.

(c)

Demonstration.—

(1)

In general.— The Secretary shall, to the maximum extent practicable, award contracts for projects under subsection (a) that combine work for construction and operation and maintenance.

(2)

Projects.— In awarding contracts under paragraph (1), the Secretary shall consider projects that—

(A)

improve navigation reliability on inland waterways that are accessible year-round;

(B)

increase freight capacity on inland waterways; and

(C)

have the potential to enhance the availability of containerized cargo on inland waterways.

(d)

Savings Clause.— Nothing in this section affects the responsibility of the Secretary with respect to the construction and operation and maintenance of projects on the inland waterways system.

(e)

Report to Congress.— Not later than 1 year after the date on which the first contract is awarded pursuant to the pilot program, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that evaluates, with respect to the pilot program and any contracts awarded under the pilot program—

(1)

cost-effectiveness;

(2)

reliability and performance;

(3)

cost savings attributable to mobilization and demobilization of dredge equipment; and

(4)

response times to address navigational impediments.

(f)

Sunset.— The authority of the Secretary to enter into contracts pursuant to the pilot program shall expire on the date that is 10 years after the date of enactment of this Act.

SEC. 8134. Nepa Reporting.

(a)

Definitions.— In this section:

(1)

Categorical exclusion.— The term “categorical exclusion” has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation).

(2)

Environmental assessment.— The term “environmental assessment” has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation).

(3)

Environmental impact statement.— The term “environmental impact statement” means a detailed written statement required under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).

(4)

Finding of no significant impact.— The term “finding of no significant impact” has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation).

(5)

Project study.— The term “project study” means a feasibility study for a project carried out pursuant to section 905 of the Water Resources Development Act of 1986 (33 U.S.C. 2282) for which a categorical exclusion may apply, or an environmental assessment or an environmental impact statement is required, pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(b)

Reports.—

(1)

NEPA data.—

(A)

In general.— The Secretary shall carry out a process to track, and annually submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, a report containing the information described in subparagraph (B).

(B)

Information described.— The information referred to in subparagraph (A) is, with respect to the Corps of Engineers—

(i)

the number of project studies for which a categorical exclusion was used during the reporting period;

(ii)

the number of project studies for which the decision to use a categorical exclusion, to prepare an environmental assessment, or to prepare an environmental impact statement is pending on the date on which the report is submitted;

(iii)

the number of project studies for which an environmental assessment was issued during the reporting period, broken down by whether a finding of no significant impact, if applicable, was based on mitigation;

(iv)

the length of time the Corps of Engineers took to complete each environmental assessment described in clause (iii);

(v)

the number of project studies pending on the date on which the report is submitted for which an environmental assessment is being drafted;

(vi)

the number of project studies for which an environmental impact statement was issued during the reporting period;

(vii)

the length of time the Corps of Engineers took to complete each environmental impact statement described in clause (vi); and

(viii)

the number of project studies pending on the date on which the report is submitted for which an environmental impact statement is being drafted.

(2)

Public access to nepa reports.— The Secretary shall make each annual report required under paragraph (1) publicly available (including on a publicly available website).

SEC. 8135. Funding to Process Permits.

Section 214(a)(2) of the Water Resources Development Act of 2000 (33 U.S.C. 2352(a)(2)) is amended—

(1)

by striking “ The Secretary” and inserting the following:

“(A) In general.—The Secretary”

; and

(2)

by adding at the end the following:

“(B) Mitigation bank instrument processing.—An activity carried out by the Secretary to expedite evaluation of a permit described in subparagraph (A) may include the evaluation of an instrument for a mitigation bank if—

“(i) the non-Federal public entity, public-utility company, natural gas company, or railroad carrier applying for the permit described in that subparagraph is the sponsor of the mitigation bank; and

“(ii) expediting evaluation of the instrument is necessary to expedite evaluation of the permit described in that subparagraph.”

SEC. 8136. Lease Durations.

The Secretary shall issue guidance on the circumstances under which a lease under section 2667 of title 10, United States Code, or section 4 of the Act of December 22, 1944 (16 U.S.C. 460d), with a term in excess of 25 years is appropriate and in the public interest.

SEC. 8137. Reforestation.

The Secretary is encouraged to consider measures to restore swamps and other wetland forests in carrying out studies for water resources development projects for ecosystem restoration, flood risk management, and hurricane and storm damage risk reduction.

SEC. 8138. Emergency Streambank and Shoreline Protection.

Section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r) is amended—

(1)

by inserting “ lighthouses (including those lighthouses with historical value),” after “ bridge approaches,”; and

(2)

by striking “ $5,000,000” and inserting “ $10,000,000”.

SEC. 8139. Lease Deviations.

The Secretary shall fully implement the requirements of section 153 of the Water Resources Development Act of 2020 (134 Stat. 2658).

SEC. 8140. Policy and Technical Standards.

Every 5 years, the Secretary shall revise, rescind, or certify as current, as applicable, each policy and technical standards publication for the civil works programs of the Corps of Engineers, including each engineer regulation, engineer circular, engineer manual, engineer pamphlet, engineer technical letter, planning guidance letter, policy guidance letter, planning bulletin, and engineering and construction bulletin.

SEC. 8141. Corps Records Relating to Harmful Algal Blooms in Lake Okeechobee, Florida.

(a)

Service Records.— The Secretary shall indicate in the service record of a member or employee of the Corps of Engineers who performs covered duty that such member or employee was exposed to microcystin in the line of duty.

(b)

Covered Duty Defined.— In this section, the term “covered duty” means duty performed—

(1)

during a period when the Florida Department of Environmental Protection has determined that there is a concentration of microcystin of greater than 8 parts per billion in the waters of Lake Okeechobee resulting from a harmful algal bloom in such lake; and

(2)

at or near any of the following structures:

(A)

S–77.

(B)

S–78.

(C)

S–79.

(D)

S–80.

(E)

S–308.

SEC. 8142. Forecasting Models for the Great Lakes.

(a)

Authorization.— There is authorized to be appropriated to the Secretary $10,000,000 to complete and maintain a model suite to forecast water levels, account for water level variability, and account for the impacts of extreme weather events and other natural disasters in the Great Lakes.

(b)

Savings Provision.— Nothing in this section precludes the Secretary from using funds made available pursuant to the Great Lakes Restoration Initiative established by section 118(c)(7) of the Federal Water Pollution Control Act (33 U.S.C. 1268(c)(7)) for activities described in subsection (a) for the Great Lakes, in addition to carrying out activities under this section.

SEC. 8143. Monitoring and Assessment Program for Saline Lakes in the Great Basin.

(a)

In General.— The Secretary is authorized to carry out a program (referred to in this subsection as the “program”) to monitor and assess the hydrology of saline lake ecosystems in the Great Basin, including the Great Salt Lake, to inform and support Federal and non-Federal management and conservation activities to benefit those ecosystems.

(b)

Coordination.— The Secretary shall coordinate implementation of the program with relevant—

(1)

Federal and State agencies;

(2)

Indian Tribes;

(3)

local governments; and

(4)

nonprofit organizations.

(c)

Contracts and Cooperative Agreements.— The Secretary is authorized to use contracts, cooperative agreements, or any other authorized means to work with institutions of higher education and with entities described in subsection (b) to implement the program.

(d)

Update.— Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress an update on the progress of the Secretary in carrying out the program.

(e)

Additional Information.— In carrying out the program, the Secretary may use available studies, information, literature, or data on the Great Basin region published by relevant Federal, State, Tribal, or local governmental entities.

(f)

Authorization of Appropriations.— There is authorized to be appropriated to carry out this section $10,000,000.

SEC. 8144. Chattahoochee River Program.

(a)

Establishment.—

(1)

In general.— The Secretary shall establish a program to provide environmental assistance to non-Federal interests in the Chattahoochee River Basin.

(2)

Form.—

(A)

In general.— The assistance provided under paragraph (1) shall be in the form of design and construction assistance for water-related resource protection and restoration projects affecting the Chattahoochee River Basin, based on the comprehensive plan developed under subsection (b).

(B)

Assistance.— Projects for which assistance is provided under subparagraph (A) may include—

(i)

projects for—

(I)

sediment and erosion control;

(II)

protection of eroding shorelines;

(III)

ecosystem restoration, including restoration of submerged aquatic vegetation;

(IV)

protection of essential public works;

(V)

wastewater treatment, and related facilities; and

(VI)

beneficial uses of dredged material; and

(ii)

other related projects that may enhance the living resources of the Chattahoochee River Basin.

(b)

Comprehensive Plan.—

(1)

In general.— Not later than 2 years after the date of enactment of this Act, the Secretary, in cooperation with State and local governmental officials and affected stakeholders, shall develop a comprehensive Chattahoochee River Basin restoration plan to guide the implementation of projects under this section.

(2)

Coordination.— The comprehensive plan developed under paragraph (1) shall, to the maximum extent practicable, consider and avoid duplication of any ongoing or planned actions of other Federal, State, and local agencies and nongovernmental organizations.

(3)

Prioritization.— The comprehensive plan developed under paragraph (1) shall give priority to projects described in subsection (a)(2) that will improve water quality or quantity or use a combination of structural and nonstructural measures, including alternatives that use natural features or nature-based features (as such terms are defined in section 1184 of the Water Resources Development Act of 2016 (32 U.S.C. 2289a)).

(c)

Agreement.—

(1)

In general.— Before providing assistance for a project under this section, the Secretary shall enter into an agreement with a non-Federal interest for the design and construction of the project.

(2)

Requirements.— Each agreement entered into under this subsection shall provide for—

(A)

the development by the Secretary, in consultation with appropriate Federal, State, and local officials, of a resource protection and restoration plan, including appropriate engineering plans and specifications and an estimate of expected resource benefits; and

(B)

the establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation and maintenance of the project by the non-Federal interest.

(d)

Cost Sharing.—

(1)

Federal share.— The Federal share of the cost to design and construct a project under each agreement entered into under this section shall be 75 percent.

(2)

Non-federal share.—

(A)

Value of land, easements, rights-of-way, and relocations.— In determining the non-Federal contribution toward carrying out an agreement entered into under this section, the Secretary shall provide credit to a non-Federal interest for the value of land, easements, rights-of-way, and relocations provided by the non-Federal interest, except that the amount of credit provided for a project under this paragraph may not exceed 25 percent of the total project costs.

(B)

Operation and maintenance costs.— The non-Federal share of the costs of operation and maintenance of a project carried out under an agreement under this section shall be 100 percent.

(e)

Projects on Federal Land.—

(1)

In general.— Except as provided in paragraph (2), a project carried out pursuant to the comprehensive plan developed under subsection (b) that is located on Federal land shall be carried out at the expense of the Federal agency that owns the land on which the project will be carried out.

(2)

Non-federal contribution.— A Federal agency carrying out a project described in paragraph (1) may accept contributions of funds from non-Federal interests to carry out that project.

(f)

Cooperation.— In carrying out this section, the Secretary shall cooperate with—

(1)

the heads of appropriate Federal agencies, including—

(A)

the Administrator of the Environmental Protection Agency;

(B)

the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration;

(C)

the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service; and

(D)

the heads of such other Federal agencies as the Secretary determines to be appropriate; and

(2)

agencies of any relevant State or political subdivision of a State.

(g)

Protection of Resources.— A project established under this section shall be carried out using such measures as are necessary to protect environmental, historic, and cultural resources.

(h)

Projects Requiring Specific Authorization.— If the Federal share of the cost to design and construct a project under this section exceeds $15,000,000, the Secretary may only carry out the project if Congress enacts a law authorizing the Secretary to carry out the project.

(i)

Savings Provision.— Nothing in this section—

(1)

establishes any express or implied reserved water right in the United States for any purpose;

(2)

affects any water right in existence on the date of enactment of this Act;

(3)

preempts or affects any State water law or interstate compact governing water; or

(4)

affects any Federal or State law in existence on the date of enactment of this Act regarding water quality or water quantity.

(j)

Report.— Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the results of the program established under this section.

(k)

Authorization of Appropriations.— There is authorized to be appropriated to carry out this section $40,000,000.

SEC. 8145. Lower Mississippi River Basin Demonstration Program.

(a)

Establishment.—

(1)

In general.— The Secretary shall establish a program to provide environmental assistance to non-Federal interests in the Lower Mississippi River Basin.

(2)

Form.—

(A)

In general.— The assistance under paragraph (1) shall be in the form of design and construction assistance for flood or coastal storm risk management or aquatic ecosystem restoration projects in the Lower Mississippi River Basin based on the comprehensive plan developed under subsection (b).

(B)

Assistance.— Projects for which assistance is provided under subparagraph (A) may include—

(i)

projects for—

(I)

sediment and erosion control;

(II)

protection of eroding riverbanks and streambanks and shorelines;

(III)

ecosystem restoration;

(IV)

channel modifications; and

(V)

beneficial uses of dredged material; and

(ii)

other related projects that may enhance the living resources of the Lower Mississippi River Basin.

(b)

Comprehensive Plan.—

(1)

In general.— Not later than 2 years after the date of enactment of this Act, the Secretary, in cooperation with State and local governmental officials and affected stakeholders, shall develop a comprehensive Lower Mississippi River Basin restoration plan to guide the implementation of projects under this section.

(2)

(3)

Prioritization.— The comprehensive plan developed under paragraph (1) shall give priority to projects described in subsection (a)(2) that will improve water quality, reduce hypoxia in the Lower Mississippi River or the Gulf of Mexico, or use a combination of structural and nonstructural measures, including alternatives that use natural features or nature-based features (as such terms are defined in section 1184 of the Water Resources Development Act of 2016 (32 U.S.C. 2289a)).

(c)

Agreement.—

(1)

In general.— Before providing assistance for a project under this section, the Secretary shall enter into an agreement with a non-Federal interest for the design and construction of the project.

(2)

Requirements.— Each agreement entered into under this subsection shall provide for—

(A)

(B)

the establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation and maintenance of the project by the non-Federal interest.

(d)

Cost Sharing.—

(1)

Federal share.— The Federal share of the cost to design and construct a project under each agreement entered into under this section shall be 75 percent.

(2)

Non-federal share.—

(A)

(B)

Operation and maintenance costs.— The non-Federal share of the costs of operation and maintenance of a project carried out under an agreement under this section shall be 100 percent.

(e)

Projects on Federal Land.—

(1)

(2)

Non-federal contribution.— A Federal agency carrying out a project described in paragraph (1) may accept contributions of funds from non-Federal interests to carry out that project.

(f)

Cooperation.— In carrying out this section, the Secretary shall cooperate with—

(1)

the heads of appropriate Federal agencies, including—

(A)

the Secretary of Agriculture;

(B)

the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service; and

(C)

the heads of such other Federal agencies as the Secretary determines to be appropriate; and

(2)

agencies of any relevant State or political subdivision of a State.

(g)

Protection of Resources.— A project established under this section shall be carried out using such measures as are necessary to protect environmental, historic, and cultural resources.

(h)

(i)

(j)

Definition.— In this section, the term “Lower Mississippi River Basin” means the portion of the Mississippi River that begins at the confluence of the Ohio River and flows to the Gulf of Mexico, and its tributaries and distributaries.

(k)

Authorization of Appropriations.— There is authorized to be appropriated to carry out this section $40,000,000.

SEC. 8146. Washington Aqueduct.

(a)

Capital Improvement Authority.— The Secretary may carry out capital improvements for the Washington Aqueduct that the Secretary determines necessary for the safe, effective, and efficient operation of the Aqueduct.

(b)

Borrowing Authority.—

(1)

In general.— Subject to paragraphs (2) through (4) and subsection (c), the Secretary is authorized to borrow from the Treasury of the United States such amounts as are sufficient to cover any obligations that will be incurred by the Secretary in carrying out capital improvements for the Washington Aqueduct under subsection (a).

(2)

Limitation.— The amount borrowed by the Secretary under paragraph (1) may not exceed $40,000,000 in any fiscal year.

(3)

Agreement.— Amounts borrowed under paragraph (1) may only be used to carry out capital improvements with respect to which the Secretary has entered into an agreement with each customer.

(4)

Terms of borrowing.—

(A)

In general.— Subject to subsection (c), the Secretary of the Treasury shall provide amounts borrowed under paragraph (1) under such terms and conditions as the Secretary of Treasury determines to be necessary and in the public interest.

(B)

Term.— The term of any loan made under paragraph (1) shall be for a period of not less than 20 years.

(C)

Prepayment.— There shall be no penalty for the prepayment of any amounts borrowed under paragraph (1).

(c)

Contracts With Customers.—

(1)

In general.— The Secretary may not borrow any amounts under subsection (b) until such time as the Secretary has entered into a contract with each customer under which the customer commits to pay a pro rata share (based on water purchase) of the principal and interest owed to the Secretary of the Treasury under subsection (b).

(2)

Prepayment.— Any customer may pay, in advance, the pro rata share of the principal and interest owed by the customer, or any portion thereof, without penalty.

(3)

Risk of default.— A customer that enters into a contract under this subsection shall, as a condition of the contract, commit to pay any additional amount necessary to fully offset the risk of default on the contract.

(4)

Obligations.— Each contract entered into under paragraph (1) shall include such terms and conditions as the Secretary of the Treasury may require so that the total value to the Government of all contracts entered into under paragraph (1) is estimated to be equal to the obligations of the Secretary for carrying out capital improvements for the Washington Aqueduct.

(5)

Other conditions.— Each contract entered into under paragraph (1) shall—

(A)

include other conditions consistent with this section that the Secretary and the Secretary of the Treasury determine to be appropriate; and

(B)

provide the United States priority in regard to income from fees assessed to operate and maintain the Washington Aqueduct.

(d)

Customer Defined.— In this section, the term “customer” means—

(1)

the District of Columbia;

(2)

Arlington County, Virginia; and

(3)

Fairfax County, Virginia.

SEC. 8147. Water Infrastructure Public-Private Partnership Pilot Program.

Section 5014 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2201 note) is amended—

(1)

in subsection (a), by striking “ aquatic”; and

(2)

in subsection (d)(1), by inserting “ ecosystem restoration,” after “ flood damage reduction,”.

SEC. 8148. Advance Payment in Lieu of Reimbursement for Certain Federal Costs.

(a)

In General.— The Secretary is authorized to provide in advance to a non-Federal interest the Federal share of funds required for the acquisition of land, easements, and rights-of-way and the performance of relocations for a water resources development project or a separable element of a water resources development project—

(1)

that is authorized to be constructed at Federal expense;

(2)

for which the Secretary has determined under section 103(b)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(b)(2)) that additional costs are a Federal responsibility; or

(3)

that is listed in subsection (b), if at any time the cost to acquire the land, easements, and rights-of-way required for the project is projected to exceed the non-Federal share of the cost of the project.

(b)

Listed Projects.— The projects referred to in subsection (a)(3) are the following:

(1)

Project for hurricane and storm damage risk reduction, Delaware Beneficial Use of Dredged Material for the Delaware River, Delaware, authorized by section 401(3) of the Water Resources Development Act of 2020 (134 Stat. 2736), as modified by this Act.

(2)

Project for ecosystem restoration, Mississippi River Gulf Outlet, Louisiana, authorized by section 7013(a)(4) of the Water Resources Development Act of 2007 (121 Stat. 1281), as modified by this Act.

(3)

Project for ecosystem restoration, Great Lakes and Mississippi River Interbasin project, Brandon Road, Will County, Illinois, authorized by title IV of the Water Resources Development Act of 2020 (134 Stat. 2740), as modified by this Act.

(4)

Project for navigation, Port of Nome, Alaska, authorized by section 401(1) of the Water Resources Development Act of 2020 (134 Stat. 2733), as modified by this Act.

(5)

Project for storm damage reduction and shoreline erosion protection, Lake Michigan, Illinois, from Wilmette, Illinois, to the Illinois-Indiana State line, authorized by section 101(a)(12) of the Water Resources Development Act of 1996 (110 Stat. 3664), as modified by this Act.

(6)

Project for flood control, Milton, West Virginia, authorized by section 580 of the Water Resources Development Act of 1996 (110 Stat. 3790; 114 Stat. 2612; 121 Stat. 1154), as modified by this Act.

(7)

Project for coastal storm risk management, South Shore of Staten Island, Fort Wadsworth to Oakwood Beach, New York, as authorized by this Act.

SEC. 8149. Use of Other Federal Funds.

Section 2007 of the Water Resources Development Act of 2007 (33 U.S.C. 2222) is amended—

(1)

by striking “ water resources study or project” and inserting “ water resources development study or project, including a study or project under a continuing authority program (as defined in section 7001(c)(1)(D) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d(c)(1)(D))) and a study or project under an environmental infrastructure assistance program,”; and

(2)

by striking “ if the Federal agency that provides the funds determines that the funds are authorized to be used to carry out the study or project.” and inserting the following:

“(1) the statutory authority for the funds provided by the Federal agency does not expressly prohibit use of the funds for a study or project of the Corps of Engineers; and

“(2) the Federal agency that provides the funds determines that the study or project activities for which the funds will be used are otherwise eligible for funding under such statutory authority.”

SEC. 8150. Non-Federal Interest Advisory Committee.

(a)

In General.— Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a committee, to be known as the “Non-Federal Interest Advisory Committee” and referred to in this section as the “Committee”, to develop and make recommendations to the Secretary and the Chief of Engineers on activities and actions that should be undertaken by the Corps of Engineers to ensure more effective and efficient delivery of water resources development projects, programs, and other assistance.

(b)

Membership.—

(1)

In general.— The Committee shall be composed of the members described in paragraph (2), who shall—

(A)

be appointed by the Secretary; and

(B)

have the requisite experiential or technical knowledge needed to address issues related to water resources needs and challenges.

(2)

Representatives.— The members of the Committee shall include the following:

(A)

1 representative of each of the following:

(i)

A non-Federal interest for a project for navigation for an inland harbor.

(ii)

A non-Federal interest for a project for navigation for a harbor.

(iii)

A non-Federal interest for a project for flood risk management.

(iv)

A non-Federal interest for a project for coastal storm risk management.

(v)

A non-Federal interest for a project for aquatic ecosystem restoration.

(B)

1 representative of each of the following:

(i)

A non-Federal stakeholder with respect to inland waterborne transportation.

(ii)

A non-Federal stakeholder with respect to water supply.

(iii)

A non-Federal stakeholder with respect to recreation.

(iv)

A non-Federal stakeholder with respect to hydropower.

(v)

A non-Federal stakeholder with respect to emergency preparedness, including coastal protection.

(C)

1 representative of each of the following:

(i)

An organization with expertise in conservation.

(ii)

An organization with expertise in environmental policy.

(iii)

An organization with expertise in rural water resources.

(c)

Duties.—

(1)

Recommendations.— The Committee shall provide advice and make recommendations to the Secretary and the Chief of Engineers to assist the Corps of Engineers in—

(A)

efficiently and effectively delivering water resources development projects;

(B)

improving the capability and capacity of the workforce of the Corps of Engineers to deliver such projects and other assistance;

(C)

improving the capacity and effectiveness of Corps of Engineers consultation and liaison roles in communicating water resources needs and solutions, including regionally specific recommendations; and

(D)

strengthening partnerships with non-Federal interests to advance water resources solutions.

(2)

Meetings.— The Committee shall meet as appropriate to develop and make recommendations under paragraph (1).

(3)

Report.— Recommendations made under paragraph (1) shall be—

(A)

included in a report submitted to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and

(B)

made publicly available, including on a publicly available website.

(d)

Independent Judgment.— Any recommendation made by the Committee to the Secretary and the Chief of Engineers under subsection (c)(1) shall reflect the independent judgment of the Committee.

(e)

Administration.—

(1)

Compensation.— Except as provided in paragraph (2), the members of the Committee shall serve without compensation.

(2)

(3)

SEC. 8151. Materials, Services, and Funds for Repair, Restoration, or Rehabilitation of Certain Public Recreation Facilities.

(a)

Authorization.— During a period of low water at an eligible public recreation facility, the Secretary is authorized to—

(1)

accept and use materials, services, and funds from a non-Federal interest to repair, restore, or rehabilitate the facility; and

(2)

reimburse the non-Federal interest for the Federal share of the materials, services, or funds.

(b)

Requirement.— The Secretary may not reimburse a non-Federal interest for the use of materials or services accepted under this section unless the materials or services—

(1)

meet the specifications of the Secretary; and

(2)

comply with all applicable laws and regulations that would apply if the materials and services were acquired by the Secretary, including subchapter IV of chapter 31 and chapter 37 of title 40, United States Code, and section 8302 of title 41, United States Code.

(c)

Agreement.— Before the acceptance of materials, services, or funds under this section, the Secretary and the non-Federal interest shall enter into an agreement that—

(1)

specifies that the non-Federal interest shall hold and save the United States free from liability for any and all damages that arise from use of materials or services of the non-Federal interest, except for damages due to the fault or negligence of the United States or its contractors;

(2)

requires that the non-Federal interest certify that the materials or services comply with the applicable laws and regulations described in subsection (b)(2); and

(3)

includes any other term or condition required by the Secretary.

(d)

Sunset.— The authority to enter into an agreement under this section shall expire on the date that is 10 years after the date of enactment of this Act.

(e)

Definition of Eligible Public Recreation Facility.— In this section, the term “eligible public recreation facility” means a facility that—

(1)

is located—

(A)

at a reservoir operated by the Corps of Engineers; and

(B)

in the Upper Missouri River Basin;

(2)

was constructed to enable public use of and access to the reservoir; and

(3)

requires repair, restoration, or rehabilitation to function.

(f)

Authorization of Appropriations.— There is authorized to be appropriated to carry out subsection (a)(2) $20,000,000, to remain available until expended.

SEC. 8152. Rehabilitation of Pump Stations.

Section 133 of the Water Resources Development Act of 2020 (33 U.S.C. 2327a) is amended—

(1)

in subsection (a), by striking paragraph (1) and inserting the following:

“(1) Eligible pump station.—The term ‘eligible pump station’ means a pump station—

“(A) that is a feature of—

“(i) a federally authorized flood or coastal storm risk management project; or

“(ii) an integrated flood risk reduction system that includes a federally authorized flood or coastal storm risk management project; and

“(B) the failure of which the Secretary has determined would demonstrably impact the function of the federally authorized flood or coastal storm risk management project.”

(2)

by striking subsection (b) and inserting the following:

“(b) Authorization.—The Secretary may carry out rehabilitation of an eligible pump station, if the Secretary determines that—

“(1) the eligible pump station has a major deficiency; and

“(2) the rehabilitation is feasible.”

; and

(3)

by adding at the end the following:

“(g) Prioritization.—To the maximum extent practicable, the Secretary shall prioritize the rehabilitation of eligible pump stations under this section that benefit economically disadvantaged communities, as defined by the Secretary under section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note), including economically disadvantaged communities located in urban and rural areas.”

SEC. 8153. Report to Congress on Corps of Engineers Reservoirs.

(a)

In General.— Not later than 1 year after the date of enactment of this Act, the Secretary shall complete the updated report required under section 1046(a)(2)(B) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1252).

(b)

Report to Congress; Public Availability.— Upon completion of the report as required by subsection (a), the Secretary shall—

(1)

submit the report to Congress; and

(2)

make the full report publicly available, including on a publicly available website.

SEC. 8154. Temporary Relocation Assistance Pilot Program.

(a)

In General.— Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a pilot program to evaluate the extent to which the provision of temporary relocation assistance enhances the completeness, effectiveness, efficiency, acceptability, and equitable implementation of covered water resources development projects.

(b)

Assistance Authorized.— Subject to subsection (c)—

(1)

the non-Federal interest for a covered water resources development project included in the pilot program established under this section may provide temporary relocation assistance to a temporarily displaced person; and

(2)

the Secretary shall, pursuant to a project partnership agreement—

(A)

include the temporary relocation assistance provided by the non-Federal interest for a covered water resources development project under paragraph (1) in the value of the land, easements, and rights-of-way required for the project; and

(B)

credit the amount of the temporary relocation assistance provided by the non-Federal interest for the covered water resources development project under paragraph (1) toward the non-Federal share of the cost of the project.

(c)

Requirements.—

(1)

Request of non-federal interest.— At the request of the non-Federal interest for a covered water resources development project, the Secretary may include the project in the pilot program established under this section.

(2)

Duplication of benefits.— The Secretary and the non-Federal interest for a covered water resources development project included in the pilot program established under this section shall ensure that no temporarily displaced person receives temporary relocation assistance under this section for expenses for which the temporarily displaced person has received financial assistance from any insurance, other program, or any other governmental source.

(3)

Equal treatment.— The non-Federal interest for a covered water resources development project included in the pilot program established under this section shall provide temporary relocation assistance to each temporarily displaced person on equal terms.

(4)

Maximum amount of credit.— The Secretary shall not include in the value of the land, easements, and rights-of-way required for a covered water resources development project, or credit toward the non-Federal share of the cost of the project, any amount paid to individuals of a single household by the non-Federal interest for the project under subsection (b) that exceeds $20,000.

(d)

Report to Congress.— Not later than 1 year after the date of enactment of this Act, and biennially thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes findings and recommendations of the Secretary with respect to the provision of temporary relocation assistance for covered water resources development projects included in the pilot program established under this section.

(e)

Sunset.— The authority to enter into or amend a project partnership agreement for a covered water resources development project under the pilot program established under this section shall expire on the date that is 10 years after the date of enactment of this Act.

(f)

Savings Provision.— Nothing in this section affects the eligibility for, or entitlement to, relocation assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) for any individual.

(g)

Definitions.— In this section:

(1)

Covered water resources development project.— The term “covered water resources development project” means the following projects:

(A)

Project for hurricane and storm damage risk reduction, Charleston Peninsula, Coastal Storm Risk Management, South Carolina, authorized by this Act.

(B)

Project for hurricane and storm damage risk reduction, Fire Island Inlet to Montauk Point, New York, authorized by section 401(3) of the Water Resources Development Act of 2020 (134 Stat. 2738).

(C)

Project for hurricane and storm damage risk reduction, Rahway River Basin, New Jersey, authorized by section 401(3) of the Water Resources Development Act of 2020 (134 Stat. 2737).

(D)

Project for flood risk management, Peckman River Basin, New Jersey, authorized by section 401(2) of the Water Resources Development Act of 2020 (134 Stat. 2735).

(E)

Project for hurricane and storm damage reduction, New Jersey Back Bays, Cape May, Ocean, Atlantic, Monmouth, and Burlington Counties, authorized by resolutions of the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate, approved in December 1987, under study on the date of enactment of this Act.

(2)

Dwelling.— The term “dwelling” means—

(A)

a single-family house;

(B)

a single-family unit in a two-family, multifamily, or multipurpose property;

(C)

a unit of a condominium or cooperative housing project;

(D)

a mobile home; or

(E)

any other residential unit.

(3)

Household.— The term “household” means 1 or more individuals occupying a single dwelling.

(4)

Temporarily displaced person.— The term “temporarily displaced person” means an individual who is—

(A)

required to temporarily move from a dwelling that is the primary residence of the individual as a direct result of the elevation or modification of the dwelling by the Secretary or a non-Federal interest as part of a covered water resources development project; and

(B)

not otherwise entitled to temporary relocation assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).

(5)

Temporary relocation assistance.— The term “temporary relocation assistance” means assistance that covers all or any portion of the documented reasonable living expenses, excluding food and personal transportation, incurred by a temporarily displaced person during a period of displacement.

SEC. 8155. Continuation of Construction.

(a)

Continuation of Construction.—

(1)

In general.— Upon the transmittal of an initial notification pursuant to subsection (b)(1) with respect to a water resources development project, the Secretary shall not, solely on the basis of the maximum cost requirements under section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280)—

(A)

defer the initiation or continuation of construction of the water resources development project during the covered period; or

(B)

terminate during or after the covered period, a contract for design or construction of the water resources development project that was entered into prior to or during the covered period.

(2)

Resumption of construction.— The Secretary shall, upon the transmittal of an initial notification pursuant to subsection (b)(1) with respect to a water resources development project for which construction was deferred, during the period beginning on October 1, 2021, and ending on the date of enactment of this Act, because the cost of such project exceeded the maximum cost permitted under section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280), resume construction of the project.

(b)

Notification.—

(1)

Initial notification.— Not later than 30 days after the Chief of Engineers makes a determination that a water resources development project exceeds, or is expected to exceed, the maximum cost of the project permitted under section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280), the Chief of Engineers shall transmit a written notification concurrently to the Secretary and to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives for each such determination.

(2)

Supplemental notification.— Not later than 60 days after the Chief of Engineers transmits an initial notification required under paragraph (1), the Chief shall transmit concurrently to the Secretary and to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a supplemental notification that includes, based on information available to the Corps of Engineers on the date of the supplemental notification—

(A)

an estimate of the expected increase in the cost of the project that is in excess of the authorized maximum cost for the project;

(B)

a description of the reason for the increased cost of the project; and

(C)

the expected timeline for submission of a post-authorization change report for the project in accordance with section 1132 of the Water Resources Development Act of 2016 (33 U.S.C. 2282e).

(3)

Transmittal.— The notifications described in paragraphs (1) and (2) may not be delayed as a result of consideration being given to changes in policy or priority with respect to project consideration.

(c)

Deferral of Construction.— After expiration of the covered period, the Secretary shall not enter into any new contract, or exercise any option in a contract, for construction of a water resources development project if the project exceeds the maximum cost of the project permitted under section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280), until the date on which Congress authorizes an increase in the cost of the project.

(d)

Statutory Construction.— Nothing in this section waives the obligation of the Secretary to submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a post-authorization change report recommending an increase in the authorized cost of a project if the project otherwise would exceed the maximum cost of the project permitted under section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280).

(e)

Definition of Covered Period.— In this section, the term “covered period” means the period beginning on the date of enactment of this Act and ending on December 31, 2024.

SEC. 8156. Federal Interest Determination.

Section 905(b)(1) of the Water Resources Development Act of 1986 (33 U.S.C. 2282(b)(1)) is amended by amending subparagraph (B) to read as follows:

“(B) Other communities.—In preparing a feasibility report under subsection (a) for a study that will benefit a community other than a community described in subparagraph (A), upon request by the non-Federal interest for the study, the Secretary may, with respect to not more than 20 studies in each fiscal year, first determine the Federal interest in carrying out the study and the projects that may be proposed in the study.”

SEC. 8157. Inland Waterway Projects.

(a)

In General.— Section 102(a) of the Water Resources Development Act of 1986 (33 U.S.C. 2212(a)) is amended—

(1)

in the matter preceding paragraph (1), by striking “ One-half of the costs” and inserting “ 65 percent of the costs”; and

(2)

in the undesignated matter following paragraph (3), in the second sentence, by striking “ One-half of such costs” and inserting “ 35 percent of such costs”.

(b)

Application.— The amendments made by subsection (a) shall apply beginning on October 1, 2022, to any construction of a project for navigation on the inland waterways that is new or ongoing on or after that date.

(c)

Conforming Amendment.— Section 109 of the Water Resources Development Act of 2020 (33 U.S.C. 2212 note) is amended by striking “ fiscal years 2021 through 2031” and inserting “ fiscal years 2021 through 2022”.

SEC. 8158. Corps of Engineers Western Water Cooperative Committee.

(a)

Establishment.—

(1)

In general.— Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a Western Water Cooperative Committee (referred to in this section as the “Cooperative Committee”).

(2)

Purpose.— The purpose of the Cooperative Committee is to ensure that Corps of Engineers flood control projects in Western States are operated consistent with congressional directives by identifying opportunities to avoid or minimize conflicts between the operation of Corps of Engineers projects and water rights and water laws in such States.

(3)

Membership.— The Cooperative Committee shall be composed of—

(A)

the Assistant Secretary of the Army for Civil Works (or a designee);

(B)

the Chief of Engineers (or a designee);

(C)

1 representative from each of the Western States, who may serve on the Western States Water Council, to be appointed by the Governor of each State;

(D)

1 representative with legal experience from each of the Western States, to be appointed by the attorney general of each State; and

(E)

1 employee from each of the impacted regional offices of the Bureau of Indian Affairs.

(4)

Meetings.—

(A)

In general.— The Cooperative Committee shall meet not less than once each year in one of the Western States.

(B)

Available to public.— Each meeting of the Cooperative Committee shall be open and accessible to the public.

(C)

Notification.— The Cooperative Committee shall publish in the Federal Register adequate advance notice of a meeting of the Cooperative Committee.

(5)

Duties.—

(A)

In general.— The Cooperative Committee shall develop and make recommendations to avoid or minimize conflicts between the operation of Corps of Engineers projects and the water rights and water laws of Western States.

(B)

Limitation.— In carrying out subparagraph (A), the Cooperative Committee shall—

(i)

make recommendations that only apply to Western States; and

(ii)

ensure that any recommended changes or modifications to policy or regulations for Corps of Engineers projects would not adversely affect water resources within the State of Missouri.

(6)

Status updates.—

(A)

In general.— On an annual basis, the Secretary shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written report that includes—

(i)

a summary of the contents of meetings of the Cooperative Committee;

(ii)

any legislative proposal from a Western State proposed to the Cooperative Committee; and

(iii)

a description of any recommendations made by the Cooperative Committee under paragraph (5), including actions taken by the Secretary in response to such recommendations.

(B)

Comment.—

(i)

In general.— Not later than 45 days following the conclusion of a meeting of the Cooperative Committee, the Secretary shall provide to members of the Cooperative Committee an opportunity to comment on the contents of the meeting and any recommendations made under paragraph (5).

(ii)

Inclusion.— Comments provided under clause (i) shall be included in the report provided under subparagraph (A).

(7)

Compensation.—

(A)

In general.— Except as provided in subparagraph (B), the members of the Cooperative Committee shall serve without compensation.

(B)

Travel expenses.— The members of the Cooperative Committee shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.

(8)

Maintenance of records.— The Cooperative Committee shall maintain records pertaining to operating costs and records of the Cooperative Committee for a period of not less than 3 years.

(9)

Savings provisions.—

(A)

No additional authority.— Nothing in this section provides authority to the Cooperative Committee to affect any Federal or State water law or interstate compact governing water.

(B)

Other states.— Nothing in this section may be interpreted, by negative implication or otherwise, as suggesting that States not represented on the Cooperative Committee have lesser interest or authority, in relation to Western States, in managing the water within their borders or in vindicating State water rights and water laws.

(b)

Definition of Western States.— In this section, the term “Western States” means the States of Alaska, Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming.

SEC. 8159. Support of Army Civil Works Missions.

The Secretary is authorized to use contracts, cooperative agreements, or any other authorized means, in support of the Corps of Engineers civil works missions, to work with—

(1)

the University of Delaware to conduct academic research on water resource ecology, water quality, aquatic ecosystem restoration (including shellfish aquaculture), coastal restoration, and water resource-related emergency management, in the State of Delaware, the Delaware River Basin, and the Chesapeake Bay watershed;

(2)

the University of Missouri to conduct economic analyses and other academic research to improve water management, enhance flood resiliency, and preserve water resources for the State of Missouri, the Lower Missouri River Basin, and Upper Mississippi River Basin;

(3)

Oregon State University to conduct a study and other academic research on the associated impacts of wildfire on water resource ecology, water supply, quality, and distribution in the Willamette River Basin and to develop a water resource assessment and management platform for the Willamette River Basin; and

(4)

West Virginia University to conduct academic research on flood risk management, water resource-related emergency management, aquatic ecosystem restoration, water quality, hydropower, and water resource-related recreation in the State of West Virginia.

SEC. 8160. Civil Works Research and Development.

(a)

In General.— Section 7 of the Water Resources Development Act of 1988 (33 U.S.C. 2313) is amended to read as follows:

“SEC. 7. RESEARCH AND DEVELOPMENT.

“(a) In General.—The Secretary is authorized to carry out basic, applied, and advanced research activities as required to aid in the planning, design, construction, operation, and maintenance of water resources development projects and to support the missions and authorities of the Corps of Engineers.

“(b) Testing and Application.—In carrying out subsection (a), the Secretary is authorized to test and apply technology, tools, techniques, and materials developed pursuant to such subsection, including the testing and application of such technology, tools, techniques, and materials at authorized water resources development projects, in consultation with the non-Federal interests for such projects.

“(c) Other Transactional Authority for Prototype Projects.—

“(1) In general.—In carrying out subsection (b), the Secretary is authorized to enter into transactions (other than contracts, cooperative agreements, or grants) to carry out prototype projects to support basic, applied, and advanced research activities that are directly relevant to the civil works missions and authorities of the Corps of Engineers.

“(2) Follow-on production transactions.—A transaction entered into under paragraph (1) for a prototype project may provide for the award of a follow-on production contract or transaction to the participants in the transaction in accordance with the requirements of section 4022 of title 10, United States Code.

“(3) Guidance.—Prior to entering into the first transaction under this subsection, the Secretary shall issue guidance for entering into transactions under this subsection (including guidance for follow-on production contracts or transactions under paragraph (2)).

“(4) Conditions.—In carrying out this subsection, the Secretary shall ensure that—

“(A) competitive procedures are used to the maximum extent practicable to award each transaction; and

“(B) at least one of the following conditions is met with respect to each transaction:

“(i) The prototype project includes significant participation by at least one nonprofit research institution or nontraditional defense contractor, as that term is defined in section 3014 of title 10, United States Code.

“(ii) All significant participants in the transaction other than the Federal Government are small business concerns, as that term is used in section 3 of the Small Business Act (15 U.S.C. 632) (including such concerns participating in a program described in section 9 of such Act (15 U.S.C. 638)).

“(iii) At least one-third of the total cost of the prototype project is to be paid out of funds provided by sources other than the Federal Government.

“(iv) The Head of the Contracting Activity for the Corps of Engineers submits to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a notification that exceptional circumstances justify the use of a transaction that provides for innovative business arrangements or structures that would not be feasible or appropriate under a contract, cooperative agreement, or grant.

“(5) Notification.—Not later than 30 days before the Secretary enters into a transaction under paragraph (1), 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—

“(A) the dollar amount of the transaction;

“(B) the entity carrying out the prototype project that is the subject of the transaction;

“(C) the justification for the transaction; and

“(D) as applicable, the water resources development project where the prototype project will be carried out.

“(6) Report.—Not later than 4 years after the date of enactment of the Water Resources Development Act of 2022, 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 describing the use of the authority under this subsection.

“(7) Comptroller general access to information.—

“(A) Examination of records.—Each transaction entered into under this subsection shall provide for mandatory examination by the Comptroller General of the United States of the records of any party to the transaction or any entity that participates in the performance of the transaction.

“(B) Limitations.—

“(i) Parties and entities.—Examination of records by the Comptroller General pursuant to subparagraph (A) shall be limited as provided under clause (ii) in the case of a party to the transaction, an entity that participates in the performance of the transaction, or a subordinate element of that party or entity if the only transactions that the party, entity, or subordinate element entered into with Government entities in the year prior to the date of that transaction were entered into under paragraph (1) or under section 4021 or 4022 of title 10, United States Code.

“(ii) Records.—The only records of a party, other entity, or subordinate element referred to in clause (i) that the Comptroller General may examine pursuant to subparagraph (A) are records of the same type as the records that the Government has had the right to examine under the audit access clauses of the previous transactions referred to in such clause that were entered into by that particular party, entity, or subordinate element.

“(C) Waiver.—The Head of the Contracting Activity for the Corps of Engineers may waive the applicability of subparagraph (A) to a transaction if the Head of the Contracting Activity for the Corps of Engineers—

“(i) determines that it would not be in the public interest to apply the requirement to the transaction; and

“(ii) transmits to the Committee on Environment and Public Works of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Comptroller General, before the transaction is entered into, a notification of the waiver, including the rationale for the determination under clause (i).

“(D) Timing.—The Comptroller General may not examine records pursuant to subparagraph (A) more than 3 years after the final payment is made by the United States under the transaction.

“(E) Report.—Not later than 1 year after the date of enactment of the Water Resources Development Act of 2022, and annually thereafter, the Comptroller General shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the use of the authority under this paragraph.

“(8) Termination of authority.—The authority to enter into a transaction under this subsection shall terminate on December 31, 2028.

“(d) Coordination and Consultation.—In carrying out this section, the Secretary may coordinate and consult with Federal agencies, State and local agencies, Indian Tribes, universities, consortiums, councils, and other relevant entities that will aid in the planning, design, construction, operation, and maintenance of water resources development projects.

“(e) Annual Report.—

“(1) In general.—For fiscal year 2025, and annually thereafter, in conjunction with the annual budget submission of the President to Congress under section 1105(a) of title 31, United States Code, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on basic, applied, and advanced research activities and prototype projects carried out under this section.

“(2) Contents.—Each report under paragraph (1) shall include—

“(A) a description of each ongoing and new activity or project, including—

“(i) the estimated total cost of the activity or project;

“(ii) the amount of Federal expenditures for the activity or project;

“(iii) the amounts provided by a non-Federal party to a transaction described in subsection (c), if applicable;

“(iv) the estimated timeline for completion of the activity or project;

“(v) the requesting district of the Corps of Engineers, if applicable; and

“(vi) how the activity or project is consistent with subsection (a); and

“(B) any additional information that the Secretary determines to be appropriate.

“(f) Savings Clause.—Nothing in this section affects the authority of the Secretary to carry out, through the Engineer Research and Development Center, any activity requested by a district of the Corps of Engineers in support of a water resources development project or feasibility study (as defined in section 105(d) of the Water Resources Development Act of 1986 (33 U.S.C. 2215(d))).

“(g) Establishment of Account.—The Secretary, in consultation with the Director of the Office of Management and Budget, shall establish a separate appropriations account for administering funds made available to carry out this section.”

(b)

Clerical Amendment.— The table of contents contained in section 1(b) of the Water Resources Development Act of 1988 (102 Stat. 4012) is amended by striking the item relating to section 7 and inserting the following:

“Sec. 7. Research and development.”.

SEC. 8161. Sense of Congress on Operations and Maintenance of Recreation Sites.

It is the sense of Congress that the Secretary, in each work plan submitted to Congress by the Secretary, should distribute amounts provided for the operations and maintenance of recreation sites of the Corps of Engineers so that each site receives an amount that is not less than 80 percent of the recreation fees generated by such site in a given year.

SEC. 8162. Sense of Congress Relating to Post-Disaster Repairs.

It is the sense of Congress that in scoping and funding post-disaster repairs, the Secretary should, to the maximum extent practicable, repair assets—

(1)

to project design levels; or

(2)

if the original project design is outdated, to a higher level than the project design level.

Subtitle B Studies and Reports

SEC. 8201. Authorization of Proposed Feasibility Studies.

(a)

New Projects.— 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:

(1)

Dudleyville, arizona.— Project for flood risk management, Dudleyville, Arizona.

(2)

Mcmicken dam, arizona.— Project for flood risk management, McMicken Dam, Arizona.

(3)

Conn creek dam, california.— Project for flood risk management, Conn Creek Dam, California.

(4)

City of huntington beach, california.— Project for hurricane and storm damage risk reduction, including sea level rise, and shoreline stabilization, City of Huntington Beach, California.

(5)

Napa river, california.— Project for navigation, Federal Channel of Napa River, California.

(6)

Petaluma river wetlands, california.— Project for ecosystem restoration, City of Petaluma, California.

(7)

City of rialto, california.— Project for ecosystem restoration and flood risk management, City of Rialto and vicinity, California.

(8)

North richmond, california.— Project for hurricane and storm damage risk reduction, including sea level rise, and ecosystem restoration, North Richmond, California.

(9)

Stratford, connecticut.— Project for hurricane and storm damage risk reduction and flood risk management, Stratford, Connecticut.

(10)

Thatchbed island, connecticut.— Project for flood risk management and ecosystem restoration, Thatchbed Island, Essex, Connecticut.

(11)

Woodbridge, connecticut.— Project for flood risk management, Woodbridge, Connecticut.

(12)

Federal triangle area, washington, district of columbia.— Project for flood risk management, Federal Triangle Area, Washington, District of Columbia, including construction of improvements to interior drainage.

(13)

Potomac and anacostia rivers, washington, district of columbia.— Project for recreational access, including enclosed swimming areas, Potomac and Anacostia Rivers, District of Columbia.

(14)

Washington metropolitan area, washington, district of columbia, maryland, and virginia.— Project for water supply, including the identification of a secondary water source and additional water storage capability for the Washington Metropolitan Area, Washington, District of Columbia, Maryland, and Virginia.

(15)

Town of longboat key, florida.— Project for whole island hurricane and storm damage risk reduction, Town of Longboat Key, Florida.

(16)

Lake runnymede, florida.— Project for ecosystem restoration, Lake Runnymede, Florida.

(17)

Tampa back bay, florida.— Project for flood risk management and hurricane and storm damage risk reduction, including the use of natural features and nature-based features for protection and recreation, Tampa Back Bay, Florida.

(18)

Port tampa bay and mckay bay, florida.— Project for hurricane and storm damage risk reduction, Port Tampa Bay, Florida, including McKay Bay.

(19)

Lake tohopekaliga, florida.— Project for ecosystem restoration and flood risk management, Lake Tohopekaliga, Florida.

(20)

City of albany, georgia.— Project for flood risk management, City of Albany, Georgia.

(21)

City of east point, georgia.— Project for flood risk management, City of East Point, Georgia.

(22)

Cumberland island and sea island, georgia.— Project for ecosystem restoration and coastal storm risk management, Cumberland Island and Sea Island, Georgia.

(23)

Flint river basin headwaters, clayton county, georgia.— Project for flood risk management and ecosystem restoration, Flint River Basin Headwaters, Clayton County, Georgia.

(24)

County of hawai‘i, hawaii.— Project for flood and coastal storm risk management, County of Hawai‘i, Hawaii.

(25)

Maui, hawaii.— Project for coastal storm risk management, County of Maui, Hawaii.

(26)

Waiki̅ki̅, hawaii.— Project for ecosystem restoration and hurricane and storm damage risk reduction, Waiki̅ki̅, Hawaii.

(27)

Wailupe stream watershed, hawaii.— Project for flood risk management, Wailupe Stream watershed, Hawaii.

(28)

Columbus, kentucky.— Project for flood risk management, including riverbank stabilization, Columbus, Kentucky.

(29)

Cumberland river, kentucky.— Project for navigation, Cumberland River, Kentucky.

(30)

Jenkins, kentucky.— Project for flood risk management and water supply, Jenkins, Kentucky.

(31)

Kentucky river, kentucky.— Project for flood risk management on the Kentucky River and its tributaries and watersheds in Breathitt, Clay, Estill, Harlan, Lee, Leslie, Letcher, Owsley, Perry, and Wolfe Counties, Kentucky.

(32)

Newport, kentucky.— Project for ecosystem restoration, flood risk management, and recreation, Newport, Kentucky.

(33)

Ellicott city and howard county, maryland.— Project for flood risk management, Ellicott City and Howard County, Maryland.

(34)

Assawompset pond complex, massachusetts.— Project for ecosystem restoration, flood risk management, and water supply, Assawompset Pond Complex, Massachusetts.

(35)

Charles river, massachusetts.— Project for flood risk management and ecosystem restoration, Charles River, Massachusetts.

(36)

Chelsea creek and mill creek, massachusetts.— Project for flood risk management and ecosystem restoration, including bank stabilization, City of Chelsea, Massachusetts.

(37)

Connecticut river streambank erosion, massachusetts, vermont, and new hampshire.— Project for streambank erosion, Connecticut River, Massachusetts, Vermont, and New Hampshire.

(38)

Deerfield river, massachusetts.— Project for flood risk management and ecosystem restoration, Deerfield River, Massachusetts.

(39)

Town of north attleborough, massachusetts.— Project for ecosystem restoration and flood risk management, Ten Mile River, North Attleborough, Massachusetts.

(40)

Town of hull, massachusetts.— Project for flood risk management and hurricane and storm damage risk reduction, Hull, Massachusetts.

(41)

City of revere, massachusetts.— Project for flood risk management and marsh ecosystem restoration, City of Revere, Massachusetts.

(42)

Lower east side, detroit, michigan.— Project for flood risk management, Lower East Side, Detroit, Michigan.

(43)

Elijah root dam, michigan.— Project for dam removal, by carrying out a disposition study under section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a), Elijah Root Dam, Michigan.

(44)

Grosse pointe shores and grosse pointe farms, michigan.— Project for ecosystem restoration and flood risk management, Grosse Pointe Shores and Grosse Pointe Farms, Michigan.

(45)

Southeast michigan, michigan.— Project for flood risk management, Southeast Michigan.

(46)

Tittabawassee river, chippewa river, pine river, and tobacco river, michigan.— Project for flood risk management and ecosystem restoration, Tittabawassee River, Chippewa River, Pine River, and Tobacco River, Michigan.

(47)

Southwest mississippi, mississippi.— Project for ecosystem restoration and flood risk management, Wilkinson, Adams, Warren, Claiborne, Franklin, Amite, and Jefferson Counties, Mississippi.

(48)

Bellevue, nebraska.— Project for flood risk management, Bellevue, Nebraska, including the placement of a pump station near Offutt Ditch.

(49)

Papillion creek, nebraska.— Project for flood risk management, including levee improvement, Papillion Creek, Nebraska.

(50)

Sarpy county, nebraska.— Project for flood risk management, Sarpy County, Nebraska.

(51)

Camden and gloucester county, new jersey.— Project for tidal and riverine flood risk management, Camden and Gloucester Counties, New Jersey.

(52)

Edgewater, new jersey.— Project for flood risk management, Edgewater, New Jersey.

(53)

Maurice river, new jersey.— Project for navigation and for beneficial use of dredged materials for hurricane and storm damage risk reduction and ecosystem restoration, Maurice River, New Jersey.

(54)

Northern new jersey inland flooding, new jersey.— Project for inland flood risk management in Hudson, Essex, Union, Bergen, Hunterdon, Morris, Somerset, Warren, Passaic, and Sussex Counties, New Jersey.

(55)

Riser ditch, new jersey.— Project for flood risk management, including channel improvements, and other related water resource needs related to Riser Ditch in the communities of South Hackensack, Hasbrouck Heights, Little Ferry, Teterboro, and Moonachie, New Jersey.

(56)

Rockaway river, new jersey.— Project for flood risk management and ecosystem restoration, including bank stabilization, Rockaway River, New Jersey.

(57)

Tenakill brook, new jersey.— Project for flood risk management, Tenakill Brook, New Jersey.

(58)

Verona, cedar grove, and west caldwell, new jersey.— Project for flood risk management along the Peckman River Basin in the townships of Verona (and surrounding area), Cedar Grove, and West Caldwell, New Jersey.

(59)

Whippany river watershed, new jersey.— Project for flood risk management, Morris County, New Jersey.

(60)

Lake farmington dam, new mexico.— Project for water supply, Lake Farmington Dam, New Mexico.

(61)

Mcclure dam, new mexico.— Project for dam safety improvements and flood risk management, McClure Dam, City of Santa Fe, New Mexico.

(62)

Blind brook, new york.— Project for flood risk management, coastal storm risk management, navigation, ecosystem restoration, and water supply, Blind Brook, New York.

(63)

Brooklyn navy yard, new york.— Project for flood risk management and hurricane and storm damage risk reduction, Brooklyn Navy Yard, New York.

(64)

Connetquot river and green creek, new york.— Project for navigation, Connetquot River and Green Creek, Suffolk County, New York.

(65)

Hutchinson river, new york.— Project for flood risk management and ecosystem restoration, Hutchinson River, New York.

(66)

Mohawk river basin, new york.— Project for flood risk management, navigation, and environmental restoration, Mohawk River Basin, New York.

(67)

Newtown creek, new york.— Project for ecosystem restoration, Newtown Creek, New York.

(68)

John j. burns park, oyster bay, new york.— Project for flood risk management and hurricane and storm risk reduction, Oyster Bay, New York, in the vicinity of John J. Burns Park, Massapequa, New York, including the replacement and reconstruction of the existing bulkhead system.

(69)

Joseph j. saladino memorial marina, oyster bay, new york.— Project for flood risk management and hurricane and storm risk reduction, Oyster Bay, New York, in the vicinity of the Joseph J. Saladino Memorial Marina, Massapequa, New York, including the replacement and reconstruction of the existing bulkhead system.

(70)

Saw mill river, new york.— Project for flood risk management and ecosystem restoration to address areas in the City of Yonkers and the Village of Hastings-on-Hudson within the 100-year flood zone, Saw Mill River, New York.

(71)

South shore of long island, new york.— Project for flood and coastal storm risk management, navigation, and ecosystem restoration, South Shore of Long Island, New York.

(72)

Upper east river and flushing bay, new york.— Project for ecosystem restoration, Upper East River and Flushing Bay, New York.

(73)

Cape fear river basin, north carolina.— Project for flood and coastal storm risk management, Cape Fear River Basin, North Carolina.

(74)

Oregon inlet, north carolina.— Project for navigation, Oregon Inlet, North Carolina.

(75)

Mineral ridge dam, ohio.— Project for dam safety improvements and rehabilitation, Mineral Ridge Dam, Ohio.

(76)

Mill creek levee and walla walla river, oregon.— Project for ecosystem restoration, Mill Creek Levee and Walla Walla River, Oregon.

(77)

Brodhead creek watershed, pennsylvania.— Project for ecosystem restoration and flood risk management, Brodhead Creek Watershed, Pennsylvania.

(78)

Chartiers creek watershed, pennsylvania.— Project for flood risk management, Chartiers Creek Watershed, Pennsylvania.

(79)

Coplay creek, pennsylvania.— Project for flood risk management, Coplay Creek, Pennsylvania.

(80)

Berkeley county, south carolina.— Project for ecosystem restoration and flood risk management, Berkeley County, South Carolina.

(81)

Big sioux river, south dakota.— Project for flood risk management, City of Watertown and vicinity, South Dakota.

(82)

El paso county, texas.— Project for flood risk management for economically disadvantaged communities, as defined by the Secretary under section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note), along the United States-Mexico border, El Paso County, Texas.

(83)

Gulf intracoastal waterway-channel to palacios, texas.— Project for navigation, Gulf Intracoastal Waterway-Channel to Palacios, Texas.

(84)

Hidalgo and cameron counties, texas.— Project for flood risk management and ecosystem restoration, the Resacas, Hidalgo and Cameron Counties, Texas.

(85)

Sikes lake, texas.— Project for ecosystem restoration and flood risk management, Sikes Lake, Texas.

(86)

Southwest border region, texas.— Project for flood risk management for economically disadvantaged communities, as defined by the Secretary under section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note), along the United States-Mexico border in Webb, Zapata, and Starr Counties, Texas.

(87)

Lower clear creek and dickinson bayou, texas.— Project for flood risk management, Lower Clear Creek and Dickinson Bayou, Texas.

(88)

Great salt lake, utah.— Project for ecosystem restoration and water supply, Great Salt Lake, Utah.

(89)

Cedar island, virginia.— Project for ecosystem restoration, hurricane and storm damage risk reduction, and navigation, Cedar Island, Virginia.

(90)

Ballinger creek, washington.— Project for ecosystem restoration, City of Shoreline, Washington.

(91)

City of north bend, washington.— Project for water supply, City of North Bend, Washington.

(92)

Taneum creek, washington.— Project for ecosystem restoration, Taneum Creek, Washington.

(93)

City of huntington, west virginia.— Project for flood risk management, Huntington, West Virginia.

(94)

Fox-wolf basin, wisconsin.— Project for flood risk management and water supply, Fox-Wolf Basin, Wisconsin.

(b)

Project Modifications.— The Secretary is authorized to conduct a feasibility study for the following project modifications:

(1)

Craighead, poinsett, and cross counties, arkansas.— Modifications to the project for flood protection and major drainage improvement in the Saint Francis River Basin, Missouri and Arkansas, authorized by section 204 of the Flood Control Act of 1950 (64 Stat. 172), to provide flood risk management for the tributaries and drainage of Straight Slough, Craighead, Poinsett, and Cross Counties, Arkansas.

(2)

Shingle creek and kissimmee river, florida.— Modifications to the project for ecosystem restoration and water storage, Shingle Creek and Kissimmee River, Florida, authorized by section 201(a)(5) of the Water Resources Development Act of 2020 (134 Stat. 2670), for flood risk management.

(3)

Jacksonville harbor, florida.— Modifications to the project for navigation, Jacksonville Harbor, Florida, authorized by section 7002 of the Water Resources Reform and Development Act of 2014 (128 Stat. 1364), for outer channel improvements.

(4)

Savannah harbor, georgia.— Modifications to the project for navigation, Savannah Harbor Expansion Project, Georgia, authorized by section 7002(1) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1364; 132 Stat. 3839), without evaluation of additional deepening.

(5)

Honolulu harbor, hawaii.— Modifications to the project for navigation, Honolulu Harbor, Hawaii, for navigation improvements and coastal storm risk management, authorized by the first section of the Act of March 3, 1905 (chapter 1482, 33 Stat. 1146).

(6)

Cedar river, cedar rapids, iowa.— Modifications to the project for flood risk management, Cedar River, Cedar Rapids, Iowa, authorized by section 7002(2) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1366), consistent with the City of Cedar Rapids, Iowa, Cedar River Flood Control System Master Plan.

(7)

South haven harbor, michigan.— Modifications to the project for navigation, South Haven Harbor, Michigan, for turning basin improvements, authorized by the first section of the Act of August 11, 1888 (chapter 860, 25 Stat. 406).

(8)

Salem river, salem county, new jersey.— Modifications to the project for navigation, Salem River, Salem County, New Jersey, authorized by section 1 of the Act of March 2, 1907 (chapter 2509, 34 Stat. 1080), to increase the authorized depth.

(9)

Port of ogdensburg, new york.— Modifications to the project for navigation, Port of Ogdensburg, New York, including deepening, authorized by the first section of the Act of June 25, 1910 (chapter 382, 36 Stat. 635).

(10)

Rollinson channel and hatteras inlet to hatteras, north carolina.— Modifications to the project for navigation, Rollinson Channel and channel from Hatteras Inlet to Hatteras, North Carolina, authorized by section 101 of the River and Harbor Act of 1962 (76 Stat. 1174), to incorporate the ocean bar.

(11)

Hiram m. chittenden locks, lake washington ship canal, washington.— Modifications to the Hiram M. Chittenden Locks (also known as Ballard Locks), Lake Washington Ship Canal, Washington, authorized by the Act of June 25, 1910 (chapter 382, 36 Stat. 666), for the construction of fish ladder improvements, including efforts to address elevated temperature and low dissolved oxygen levels in the Canal.

(12)

Huntington, west virginia.— Modifications to the Huntington Local Protection Project, Huntington, West Virginia.

(c)

Special Rules.—

(1)

Wailupe stream watershed, hawaii.— The study authorized by subsection (a)(27) shall be considered a resumption and a continuation of the general reevaluation initiated on December 30, 2003, pursuant to section 209 of the Flood Control Act (76 Stat. 1197).

(2)

Bellevue and papillion creek, nebraska.— The studies authorized by paragraphs (48) and (49) of subsection (a) shall be considered a continuation of the study that resulted in the Chief’s Report for the project for Papillion Creek and Tributaries Lakes, Nebraska, signed January 24, 2022.

(3)

South shore of long island, new york.— In carrying out the study authorized by subsection (a)(71), the Secretary shall study the South Shore of Long Island, New York, as a whole system, including inlets that are Federal channels.

(4)

Project modifications.— Each study authorized by subsection (b) shall be considered a new phase investigation and afforded the same treatment as a general reevaluation.

SEC. 8202. Expedited Completion.

(a)

Feasibility Studies.— The Secretary shall expedite the completion of a feasibility study for each of the following projects, and if the Secretary determines that the project is justified in a completed report, may proceed directly to preconstruction planning, engineering, and design of the project:

(1)

Modifications to the project for navigation, Auke Bay, Alaska.

(2)

Project for flood risk management, Cave Buttes Dam, Arizona.

(3)

Project for navigation, Branford Harbor and Stony Creek Channel, Connecticut.

(4)

Project for flood risk management, East Hartford Levee System, Connecticut.

(5)

Project for navigation, Guilford Harbor and Sluice Channel, Connecticut.

(6)

Project for ecosystem restoration, Lake Okeechobee, Florida.

(7)

Project for ecosystem restoration, Western Everglades, Florida.

(8)

Modifications to the project for navigation, Hilo Harbor, Hawaii.

(9)

Project for ecosystem restoration, Fox River, Illinois, included in the comprehensive plan under section 519 of the Water Resources Development Act of 2000 (114 Stat. 2653).

(10)

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, authorized by section 201(a)(7) of the Water Resources Development Act of 2020 (134 Stat. 2670).

(11)

Project for hurricane and storm damage risk reduction, Chicago Shoreline, Illinois, authorized by section 101(a)(12) of the Water Resources Development Act of 1996 (110 Stat. 3664; 128 Stat. 1372).

(12)

Project for coastal storm risk management, St. Tammany Parish, Louisiana.

(13)

Modifications to the project for navigation, Baltimore Harbor and Channels–Seagirt Loop Deepening, Maryland, including to a depth of 50 feet.

(14)

Project for flood and coastal storm risk management and ecosystem restoration, Boston North Shore, Revere, Saugus, Lynn, Malden, and Everett, Massachusetts.

(15)

Project for flood and coastal storm risk management, Chelsea, Massachusetts, authorized by a study resolution of the Committee on Public Works of the Senate dated September 12, 1969.

(16)

Project for ecosystem restoration, Herring River Estuary, Barnstable County, Massachusetts, authorized by a resolution of the Committee on Transportation and Infrastructure of the House of Representatives, approved July 23, 1997.

(17)

Modifications to the project for flood risk management, North Adams, Massachusetts, authorized by section 5 of the Act of June 22, 1936 (chapter 688, 49 Stat. 1572; 55 Stat. 639), for flood risk management and ecosystem restoration.

(18)

Project for coastal storm risk management, ecosystem restoration, and navigation, Nauset Barrier Beach and inlet system, Chatham, Massachusetts, authorized by a study resolution of the Committee on Public Works of the Senate dated September 12, 1969.

(19)

Project for flood risk management, DeSoto County, Mississippi.

(20)

Project for flood risk management, Rahway, New Jersey, authorized by section 336 of the Water Resources Development Act of 2020 (134 Stat. 2712).

(21)

Project for coastal storm risk management, Raritan Bay and Sandy Hook Bay, New Jersey.

(22)

Project for coastal storm risk management, Sea Bright to Manasquan, New Jersey.

(23)

Project for flood risk management, Rio Grande de Loiza, Puerto Rico.

(24)

Project for flood risk management, Rio Nigua, Salinas, Puerto Rico.

(25)

Project for flood risk management, Kanawha River Basin, West Virginia, Virginia, and North Carolina.

(b)

Post-Authorization Change Reports.— The Secretary shall expedite completion of a post-authorization change report for the following projects:

(1)

Project for ecosystem restoration, Tres Rios, Arizona, authorized by section 101(b)(4) of the Water Resources Development Act of 2000 (114 Stat. 2577).

(2)

Project for coastal storm risk management, Surf City and North Topsail Beach, North Carolina, authorized by section 7002(3) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1367).

(c)

Watershed and River Basin Assessments.—

(1)

Great lakes coastal resiliency study.— The Secretary shall expedite the completion of 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; 134 Stat. 2683).

(2)

County of hawai‘i, hawaii.— The Secretary shall expedite the completion of a watershed assessment for the County of Hawai‘i, Hawaii, under section 729 of the Water Resources Development Act of 1986 (33 U.S.C. 2267a).

(d)

Maintenance of Navigation Channels.— The Secretary shall expedite the completion of a determination of the feasibility of improvements proposed by the non-Federal interest under section 204(f)(1)(A)(i) of the Water Resources Development Act of 1986 (33 U.S.C. 2232(f)(1)(A)(i)), for the deepening and widening of the navigation project for Coos Bay, Oregon, authorized by the Act of March 3, 1879 (chapter 181, 20 Stat. 370).

SEC. 8203. Expedited Modifications of Existing Feasibility Studies.

The Secretary shall expedite the completion of the following feasibility studies, as modified by this section, and if the Secretary determines that a project that is the subject of the feasibility study is justified in the completed report, may proceed directly to preconstruction planning, engineering, and design of the project:

(1)

Mare island strait, california.— The study for navigation, Mare Island Strait channel, authorized by section 406 of the Water Resources Development Act of 1999 (113 Stat. 323), is modified to authorize the Secretary to consider the economic and national security benefits from recent proposals for utilization of the channel for Department of Defense shipbuilding and vessel repair.

(2)

Lake pontchartrain and vicinity, louisiana.— The study for flood risk management and hurricane and storm damage risk reduction, Lake Pontchartrain and Vicinity, Louisiana, authorized by section 204 of the Flood Control Act of 1965 (79 Stat. 1077), is modified to authorize the Secretary to investigate increasing the scope of the project to provide protection against a 200-year storm event.

(3)

Blackstone river valley, rhode island and massachusetts.—

(A)

In general.— The study for ecosystem restoration, Blackstone River Valley, Rhode Island and Massachusetts, authorized by section 569 of the Water Resources Development Act of 1996 (110 Stat. 3788), is modified to authorize the Secretary to conduct a study for water supply, water flow, and wetland restoration and protection within the scope of the study.

(B)

Incorporation of existing data.— In carrying out the study described in subparagraph (A), the Secretary shall use, to the extent practicable, any existing data for the project prepared under the authority of section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330).

(4)

Lower saddle river, new jersey.— The study for flood control, Lower Saddle River, New Jersey, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4119), is modified to authorize the Secretary to review the previously authorized study and take into consideration changes in hydraulic and hydrologic circumstances and local economic development since the study was initially authorized.

(5)

Trinity river and tributaries, texas.— The study for navigation, Liberty, Texas, authorized by section 1201(7) of the Water Resources Development Act of 2018 (132 Stat. 3802), is modified to authorize the Secretary to include in the study flood risk management and ecosystem restoration.

SEC. 8204. Corps of Engineers Reservoir Sedimentation Assessment.

(a)

In General.— The Secretary, at Federal expense, shall conduct an assessment of sediment in reservoirs owned and operated by the Secretary.

(b)

Contents.— For each reservoir for which the Secretary carries out an assessment under subsection (a), the Secretary shall include in the assessment—

(1)

an estimation of the volume of sediment in the reservoir;

(2)

an evaluation of the effects of such sediment on reservoir storage capacity, including a quantification of lost reservoir storage capacity due to the sediment and an evaluation of how such lost reservoir storage capacity affects the allocated storage space for authorized purposes within the reservoir (including, where applicable, allocations for dead storage, inactive storage, active conservation, joint use, and flood surcharge);

(3)

the identification of any additional effects of sediment on the operations of the reservoir or the ability of the reservoir to meet its authorized purposes;

(4)

the identification of any potential effects of the sediment over the 10-year period beginning on the date of enactment of this Act on the areas immediately upstream and downstream of the reservoir;

(5)

the identification of any existing sediment monitoring and management plans associated with the reservoir;

(6)

for any reservoir that does not have a sediment monitoring and management plan—

(A)

an identification of whether a sediment management plan for the reservoir is under development; or

(B)

an assessment of whether a sediment management plan for the reservoir would be useful in the long-term operation and maintenance of the reservoir for its authorized purposes; and

(7)

any opportunities for beneficial use of the sediment in the vicinity of the reservoir.

(c)

Report to Congress; Public Availability.— 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 (including on a publicly available website), a report describing the results of the assessment carried out under subsection (a).

(d)

Authorization of Appropriations.— There is authorized to be appropriated to carry out this section $10,000,000, to remain available until expended.

SEC. 8205. Report and Recommendations on Dredge Capacity.

(a)

In General.— 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 (including on a publicly available website), a report that includes—

(1)

a quantification of the expected hopper and pipeline dredging needs of authorized water resources development projects for the 10 years after the date of enactment of this Act, including—

(A)

the dredging needs to—

(i)

construct deepenings or widenings at authorized but not constructed projects and the associated operations and maintenance needs of such projects; and

(ii)

operate and maintain existing Federal navigation channels;

(B)

the amount of dredging to be carried out by the Corps of Engineers for other Federal agencies;

(C)

the dredging needs associated with authorized hurricane and storm damage risk reduction projects (including periodic renourishment); and

(D)

the dredging needs associated with projects for the beneficial use of dredged material authorized by section 1122 of the Water Resources Development Act of 2016 (33 U.S.C. 2326 note);

(2)

an identification of the Federal appropriations for dredging projects and expenditures from the Harbor Maintenance Trust Fund for fiscal year 2015 and each fiscal year thereafter;

(3)

an identification of the dredging capacity of the domestic hopper and pipeline dredge fleet, including publicly owned and privately owned vessels, in each of the 10 years preceding the date of enactment of this Act;

(4)

an analysis of the ability of the domestic hopper and pipeline dredge fleet to meet the expected dredging needs identified under paragraph (1), including an analysis of such ability in each of—

(A)

the east coast region;

(B)

the west coast region, including the States of Alaska and Hawaii;

(C)

the gulf coast region; and

(D)

the Great Lakes region;

(5)

an identification of the dredging capacity of domestic hopper and pipeline dredge vessels that are under contract for construction and intended to be used at water resources development projects;

(6)

an identification of any hopper or pipeline dredge vessel expected to be retired or become unavailable during the 10-year period beginning on the date of enactment of this section;

(7)

an identification of the potential costs of using either public or private dredging to carry out authorized water resources development projects; and

(8)

any recommendations of the Secretary for adding additional domestic hopper and pipeline dredging capacity, including adding public and private dredging vessels to the domestic hopper and pipeline dredge fleet to efficiently service water resources development projects.

(b)

Opportunity for Participation.— In carrying out subsection (a), the Secretary shall provide interested stakeholders, including representatives from the commercial dredging industry, with an opportunity to submit comments to the Secretary.

(c)

Sense of Congress.— It is the sense of Congress that the Corps of Engineers should add additional dredging capacity if the addition of such capacity would—

(1)

enable the Corps of Engineers to carry out water resources development projects in an efficient and cost-effective manner; and

(2)

be in the best interests of the United States.

SEC. 8206. Assessment of Impacts from Changing Operation and Maintenance Responsibilities.

(a)

In General.— The Secretary shall carry out an assessment of the consequences of amending section 101(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2211(b)) to authorize the operation and maintenance of navigation projects for a harbor or inland harbor constructed by the Secretary at 100-percent Federal cost to a depth of 55 feet.

(b)

Contents.— In carrying out the assessment under subsection (a), the Secretary shall—

(1)

describe all existing Federal navigation projects that are authorized or constructed to a depth of 55 feet or greater;

(2)

describe any Federal navigation project that is likely to seek authorization or modification to a depth of 55 feet or greater during the 10-year period beginning on the date of enactment of this section;

(3)

estimate—

(A)

the potential annual increase in Federal costs that would result from authorizing operation and maintenance of a navigation project to a depth of 55 feet at Federal expense; and

(B)

the potential cumulative increase in such Federal costs during the 10-year period beginning on the date of enactment of this section; and

(4)

assess the potential effect of authorizing operation and maintenance of a navigation project to a depth of 55 feet at Federal expense on other Federal navigation operation and maintenance activities, including the potential impact on activities at donor ports, energy transfer ports, emerging harbor projects, and projects carried out in the Great Lakes Navigation System, as such terms are defined in section 102(a)(2) of the Water Resources Development Act of 2020 (33 U.S.C. 2238 note).

(c)

Report.— Not later than 18 months 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, and make publicly available (including on a publicly available website), a report describing the results of the assessment carried out under subsection (a).

SEC. 8207. Maintenance Dredging Data.

Section 1133(b)(3) of the Water Resources Development Act of 2016 (33 U.S.C. 2326f(b)(3)) is amended by inserting “ , including a separate line item for all Federal costs associated with the disposal of dredged material” before the semicolon.

SEC. 8208. Western Infrastructure Study.

(a)

Comprehensive Study.— The Secretary shall conduct a comprehensive study to evaluate the effectiveness of carrying out additional measures, including measures that use natural features or nature-based features, at or upstream of covered reservoirs, for the purposes of—

(1)

sustaining operations in response to changing hydrological and climatic conditions;

(2)

mitigating the risk of drought or floods, including the loss of storage capacity due to sediment accumulation;

(3)

increasing water supply; or

(4)

aquatic ecosystem restoration.

(b)

Study Focus.— In conducting the study under subsection (a), the Secretary shall include all covered reservoirs located in the South Pacific Division of the Corps of Engineers.

(c)

Consultation and Use of Existing Data.—

(1)

Consultation.— In conducting the study under subsection (a), the Secretary shall consult with applicable—

(A)

Federal, State, and local agencies;

(B)

Indian Tribes;

(C)

non-Federal interests; and

(D)

stakeholders, as determined appropriate by the Secretary.

(2)

Use of existing data and prior studies.— In conducting the study under subsection (a), the Secretary shall, to the maximum extent practicable and where appropriate—

(A)

use existing data provided to the Secretary by entities described in paragraph (1); and

(B)

incorporate—

(i)

relevant information from prior studies and projects carried out by the Secretary; and

(ii)

the relevant technical data and scientific approaches with respect to changing hydrological and climatic conditions.

(d)

Report.— 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 that describes—

(1)

the results of the study; and

(2)

any recommendations for additional study in specific geographic areas.

(e)

Savings Provision.— Nothing in this section provides authority to the Secretary to change the authorized purposes of any covered reservoir.

(f)

Definitions.— In this section:

(1)

Covered reservoir.— The term “covered reservoir” means a reservoir owned and operated by the Secretary or for which the Secretary has flood control responsibilities under section 7 of the Act of December 22, 1944 (33 U.S.C. 709).

(2)

Natural feature and nature-based feature.— The terms “natural feature” and “nature-based feature” have the meanings given such terms in section 1184(a) of the Water Resources Development Act of 2016 (33 U.S.C. 2289a(a)).

SEC. 8209. Recreation and Economic Development at Corps Facilities in Appalachia.

(a)

In General.— Not later than 1 year after the date of enactment of this Act, the Secretary shall prepare and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a plan to implement the recreational and economic development opportunities identified by the Secretary in the report submitted under section 206 of the Water Resources Development Act of 2020 (134 Stat. 2680) at Corps of Engineers facilities located within a distressed county or an at-risk county (as described in subsection (a)(1) of such section) in Appalachia.

(b)

Considerations.— In accordance with existing guidance, in preparing the plan under subsection (a), the Secretary shall consider options for Federal funding, partnerships, and outgrants to Federal, State, and local governments, nonprofit organizations, and commercial businesses.

SEC. 8210. Ouachita River Watershed, Arkansas and Louisiana.

The Secretary shall conduct a review of projects in the Ouachita River watershed, Arkansas and Louisiana, under section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a).

SEC. 8211. Report on Santa Barbara Streams, Lower Mission Creek, California.

Not later than 1 year 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, and make publicly available (including on a publicly available website), a report that provides an updated economic review of the remaining portions of the project for flood damage reduction, Santa Barbara streams, Lower Mission Creek, California, authorized by section 101(b) of the Water Resources Development Act of 2000 (114 Stat. 2577), taking into consideration work already completed by the non-Federal interest.

SEC. 8212. Disposition Study on Salinas Dam and Reservoir, California.

In carrying out the disposition study for the project for Salinas Dam (Santa Margarita Lake), California, pursuant to section 202(d) of the Water Resources Development Act of 2020 (134 Stat. 2675), the Secretary shall—

(1)

ensure that the County of San Luis Obispo is provided right of first refusal for any potential conveyance of the project; and

(2)

ensure that the study identifies and describes any potential repairs or modifications to the project necessary to meet Federal and State dam safety requirements prior to transferring the project.

SEC. 8213. Excess Lands Report for Whittier Narrows Dam, California.

(a)

In General.— Not later than 1 year 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 that identifies any real property associated with the Whittier Narrows Dam element of the Los Angeles County Drainage Area project that the Secretary determines—

(1)

is not needed to carry out the authorized purposes of the Whittier Narrows Dam element of such project; and

(2)

could be transferred to the City of Pico Rivera, California, for the replacement of recreational facilities located in such city that were adversely impacted by dam safety construction activities associated with the Whittier Narrows Dam element of such project.

(b)

Los Angeles County Drainage Area Project Defined.— In this section, the term “Los Angeles County Drainage Area project” means the project for flood control, Los Angeles County Drainage Area, California, authorized by section 101(b) of the Water Resources Development Act of 1990 (104 Stat. 4611; 130 Stat. 1690).

SEC. 8214. Comprehensive Central and Southern Florida Study.

(a)

In General.— The Secretary is authorized to carry out a feasibility study for resiliency and comprehensive improvements or modifications to existing water resources development projects in the central and southern Florida area, for the purposes of flood risk management, water supply, ecosystem restoration (including preventing saltwater intrusion), recreation, and related purposes.

(b)

Requirements.— In carrying out the feasibility study under subsection (a), the Secretary—

(1)

is authorized to—

(A)

review the report of the Chief of Engineers on central and southern Florida, published as House Document 643, 80th Congress, 2d Session, and other related reports of the Secretary; and

(B)

recommend cost-effective structural and nonstructural projects for implementation that provide a systemwide approach for the purposes described in subsection (a); and

(2)

shall ensure the study and any projects recommended under paragraph (1)(B) will not interfere with the efforts undertaken to carry out the Comprehensive Everglades Restoration Plan pursuant to section 601 of the Water Resources Development Act of 2000 (114 Stat. 2680; 132 Stat. 3786).

SEC. 8215. Northern Estuaries Ecosystem Restoration, Florida.

(a)

Definitions.— In this section:

(1)

Central and southern florida project.— The term “Central and Southern Florida Project” has the meaning given that term in section 601 of the Water Resources Development Act of 2000.

(2)

Northern estuaries.— The term “northern estuaries” means the Caloosahatchee Estuary, Charlotte Harbor, Indian River Lagoon, Lake Worth Lagoon, and St. Lucie River Estuary.

(3)

South florida ecosystem.—

(A)

In general.— The term “South Florida ecosystem” means the area consisting of the land and water within the boundary of the South Florida Water Management District in effect on July 1, 1999.

(B)

Inclusions.— The term “South Florida ecosystem” includes—

(i)

the Everglades;

(ii)

the Florida Keys;

(iii)

the contiguous near-shore coastal water of South Florida; and

(iv)

Florida’s Coral Reef.

(4)

Study area.— The term “study area” means all lands and waters within—

(A)

the northern estuaries;

(B)

the South Florida ecosystem; and

(C)

the study area boundaries of the Indian River Lagoon National Estuary Program and the Coastal and Heartland Estuary Partnership, authorized pursuant to section 320 of the Federal Water Pollution Control Act (33 U.S.C. 1330).

(b)

Proposed Comprehensive Plan.—

(1)

Development.— The Secretary shall develop, in cooperation with the non-Federal sponsors of the Central and Southern Florida project and any relevant Federal, State, and Tribal agencies, a proposed comprehensive plan for the purpose of restoring, preserving, and protecting the northern estuaries.

(2)

Inclusions.— In carrying out paragraph (1), the Secretary shall develop a proposed comprehensive plan that provides for ecosystem restoration within the northern estuaries, including the elimination of harmful discharges from Lake Okeechobee.

(3)

Submission.— Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress for approval—

(A)

the proposed comprehensive plan developed under this subsection; and

(B)

recommendations for future feasibility studies within the study area for the ecosystem restoration of the northern estuaries.

(4)

Interim reports.— Not later than 1 year after the date of enactment of this Act, and annually thereafter until the submission of the proposed comprehensive plan under paragraph (3), the Secretary shall submit to Congress an interim report on the development of the proposed comprehensive plan.

(5)

Additional studies and analyses.— Notwithstanding the submission of the proposed comprehensive plan under paragraph (3), the Secretary shall continue to conduct such studies and analyses after the date of such submission as are necessary for the purpose of restoring, preserving, and protecting the northern estuaries.

(c)

Limitation.— Nothing in this section shall be construed to require the alteration or amendment of the schedule for completion of the Comprehensive Everglades Restoration Plan.

SEC. 8216. Study on Shellfish Habitat and Seagrass, Florida Central Gulf Coast.

(a)

In General.— Not later than 24 months after the date of enactment of this Act, the Secretary shall carry out a study, 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 projects and activities carried out through the Engineer Research and Development Center to restore shellfish habitat and seagrass in coastal estuaries in the Florida Central Gulf Coast.

(b)

Requirements.— In conducting the study under subsection (a), the Secretary shall—

(1)

consult with independent expert scientists and other regional stakeholders with relevant expertise and experience; and

(2)

coordinate with Federal, State, and local agencies providing oversight for both short- and long-term monitoring of the projects and activities described in subsection (a).

(c)

Authorization of Appropriations.— There is authorized to be appropriated to carry out this section $2,000,000, to remain available until expended.

SEC. 8217. Report on South Florida Ecosystem Restoration Plan Implementation.

(a)

Report.— Not later than 180 days 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 provides an update on—

(1)

Comprehensive Everglades Restoration Plan projects, as authorized by or pursuant to section 601 of the Water Resources Development Act of 2000 (114 Stat. 2680; 121 U.S.C. 1269; 132 U.S.C. 3786);

(2)

the review of the Lake Okeechobee Regulation Schedule pursuant to section 1106 of the Water Resources Development Act of 2018 (132 Stat. 3773) and section 210 of the Water Resources Development Act of 2020 (134 U.S.C. 2682); and

(3)

any additional water resources development projects and studies included in the South Florida Ecosystem Restoration Plan Integrated Delivery Schedule prepared in accordance with part 385 of title 33, Code of Federal Regulations.

(b)

Contents.— The Secretary shall include in the report submitted under subsection (a) the status of each authorized water resources development project or study described in such subsection, including—

(1)

an estimated implementation or completion date of the project or study; and

(2)

the estimated costs to complete implementation or construction, as applicable, of the project or study.

SEC. 8218. Great Lakes Recreational Boating.

Notwithstanding subsection (f) of section 455 of the Water Resources Development Act of 1999 (42 U.S.C. 1962d–21), not later than 1 year after the date of enactment of this Act, the Secretary shall prepare, at Federal expense, and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report updating the findings of the report on the economic benefits of recreational boating in the Great Lakes basin prepared under subsection (c) of such section.

SEC. 8219. Hydraulic Evaluation of Upper Mississippi River and Illinois River.

(a)

Study.— The Secretary, in coordination with relevant Federal agencies, shall, at Federal expense, periodically carry out a study to—

(1)

evaluate the flow frequency probabilities of the Upper Mississippi River and the Illinois River; and

(2)

develop updated water surface profiles for such rivers.

(b)

Area of Evaluation.— In carrying out subsection (a), the Secretary shall conduct analysis along the mainstem of the Mississippi River from upstream of the Minnesota River confluence near Anoka, Minnesota, to just upstream of the Ohio River confluence near Cairo, Illinois, and along the Illinois River from Dresden Island Lock and Dam to the confluence with the Mississippi River, near Grafton, Illinois.

(c)

Reports.— Not later than 5 years after the date of enactment of this Act, and not less frequently than every 20 years thereafter, 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 containing the results of a study carried out under subsection (a).

(d)

Public Availability.— Any information developed under subsection (a) shall be made publicly available, including on a publicly available website.

SEC. 8220. Disposition Study on Hydropower in the Willamette Valley, Oregon.

(a)

Disposition Study.—

(1)

In general.— The Secretary shall carry out a disposition study to determine the Federal interest in, and identify the effects of, deauthorizing hydropower as an authorized purpose, in whole or in part, of the Willamette Valley hydropower project.

(2)

Contents.— In carrying out the disposition study under paragraph (1), the Secretary shall review the effects of deauthorizing hydropower on—

(A)

Willamette Valley hydropower project operations;

(B)

other authorized purposes of such project;

(C)

cost apportionments;

(D)

dam safety;

(E)

compliance with the requirements of the Endangered Species Act (16 U.S.C. 1531 et seq.); and

(F)

the operations of the remaining dams within the Willamette Valley hydropower project.

(3)

Recommendations.— If the Secretary, through the disposition study authorized by paragraph (1), determines that hydropower should be removed as an authorized purpose of any part of the Willamette Valley hydropower project, the Secretary shall also investigate and recommend any necessary structural or operational changes at such project that are necessary to achieve an appropriate balance among the remaining authorized purposes of such project or changes to such purposes.

(b)

Report.— Not later than 18 months after the date of enactment of this Act, the Secretary shall issue a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate that describes—

(1)

the results of the disposition study on deauthorizing hydropower as a purpose of the Willamette Valley hydropower project; and

(2)

any recommendations required under subsection (a)(3).

(c)

Costs.— Until such time as the report required under subsection (b) is issued, any new construction-related expenditures of the Secretary at the Willamette Valley hydropower project that are assigned to hydropower shall not be reimbursable.

(d)

Definition.— In this section, the term “Willamette Valley hydropower project” means the system of dams and reservoir projects authorized to generate hydropower and the power features that operate in conjunction with the main regulating dam facilities, including the Big Cliff, Dexter, and Foster re-regulating dams in the Willamette River Basin, Oregon, as authorized by section 4 of the Flood Control Act of 1938 (chapter 795, 52 Stat. 1222; 62 Stat. 1178; 64 Stat. 177; 68 Stat. 1264; 74 Stat. 499; 100 Stat. 4144).

SEC. 8221. Houston Ship Channel Expansion Channel Improvement Project, Texas.

The Secretary shall expedite the completion of a study under section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a) for modifications of the project for navigation, Houston Ship Channel Expansion Channel Improvement Project, Harris, Chambers, and Galveston Counties, Texas, authorized by section 401 of the Water Resources Development Act of 2020 (134 Stat. 2734), to incorporate into the project the construction of barge lanes immediately adjacent to either side of the Houston Ship Channel from Bolivar Roads to Morgan’s Point.

SEC. 8222. Sabine–neches Waterway Navigation Improvement Project, Texas.

The Secretary shall expedite the review and coordination of the feasibility study for the project for navigation, Sabine–Neches Waterway, Texas, under section 203(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2231(b)).

SEC. 8223. Norfolk Harbor and Channels, Virginia.

Not later than December 31, 2023, the Secretary shall complete a post-authorization change report for the Anchorage F modifications to the project for navigation, Norfolk Harbor and Channels, Virginia, authorized by section 201 of the Water Resources Development Act of 1986 (100 Stat. 4090; 132 Stat. 3840).

SEC. 8224. Coastal Virginia, Virginia.

(a)

In General.— In carrying out the feasibility study for the project for flood risk management, ecosystem restoration, and navigation, Coastal Virginia, authorized by section 1201(9) of the Water Resources Development Act of 2018 (132 Stat. 3802), the Secretary is authorized to enter into a written agreement with any Federal agency that owns or operates property in the area of the project to accept and expend funds from such Federal agency to include in the study an analysis with respect to property owned or operated by such Federal agency.

(b)

Information.— The Secretary shall use any relevant information obtained from a Federal agency described in subsection (a) to carry out the feasibility study described in such subsection.

SEC. 8225. West Virginia Hydropower.

(a)

In General.— For water resources development projects described in subsection (b), the Secretary is authorized to evaluate Federal and non-Federal modifications to such projects for the purposes of adding capacity for hydropower generation or energy storage.

(b)

Projects Described.— The projects referred to in subsection (a) are the following:

(1)

Sutton Dam, Braxton County, West Virginia, authorized by section 5 of the Act of June 22, 1936 (chapter 688, 49 Stat. 1586).

(2)

Hildebrand Lock and Dam, Monongahela County, West Virginia, authorized by section 101 of the River and Harbor Act of 1950 (chapter 188, 64 Stat. 166).

(3)

Bluestone Lake, Summers County, West Virginia, authorized by section 5 of the Act of June 22, 1936 (chapter 688, 49 Stat. 1586).

(4)

R.D. Bailey Dam, Wyoming County, West Virginia, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1188).

(5)

Stonewall Jackson Dam, Lewis County, West Virginia, authorized by section 203 of the Flood Control Act of 1966 (80 Stat. 1421).

(6)

East Lynn Dam, Wayne County, West Virginia, authorized by section 5 of the Act of June 22, 1936 (chapter 688, 49 Stat. 1586).

(7)

Burnsville Lake, Braxton County, West Virginia, authorized by section 5 of the Act of June 22, 1936 (chapter 688, 49 Stat. 1586).

(c)

Demonstration Projects.— In carrying out subsection (a), the Secretary may carry out demonstration projects for purposes of testing and evaluating technology for adding capacity for hydropower generation or energy storage to a project described in subsection (b).

SEC. 8226. Electronic Preparation and Submission of Applications.

Section 2040(f) of the Water Resources Development Act of 2007 (33 U.S.C. 2345(f)) is amended—

(1)

in paragraph (1), by striking “ Water Resources Development Act of 2016” and inserting “ Water Resources Development Act of 2022”; and

(2)

by striking paragraph (2) and inserting the following:

“(2) Update on electronic system implementation.—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 quarterly update describing the status of the implementation of this section.”

SEC. 8227. Investments for Recreation Areas.

(a)

Sense of Congress.— It is the sense of Congress that the Corps of Engineers should use all available authorities to promote and enhance development and recreational opportunities at lakes that are part of authorized civil works projects under the administrative jurisdiction of the Corps of Engineers.

(b)

Report.— Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on investments needed to support recreational activities that are part of authorized water resources development projects under the administrative jurisdiction of the Corps of Engineers.

(c)

Requirements.— The report under subsection (b) shall include—

(1)

a list of deferred maintenance projects, including maintenance projects relating to recreational facilities and sites and associated access roads;

(2)

a plan to fund the projects described in paragraph (1) during the 5-year period beginning on the date of enactment of this Act;

(3)

a description of efforts made by the Corps of Engineers to coordinate investments in recreational facilities and sites and associated access roads with—

(A)

State and local governments; or

(B)

private entities; and

(4)

an assessment of whether the modification of Federal contracting requirements could accelerate the availability of funds for the projects described in paragraph (1).

SEC. 8228. Automated Fee Machines.

For the purpose of mitigating adverse impacts to public access to outdoor recreation, to the maximum extent practicable, the Secretary shall consider alternatives to the use of automated fee machines for the collection of fees for the use of developed recreation sites and facilities in West Virginia.

SEC. 8229. Review of Recreational Hazards.

(a)

In General.— The Secretary shall—

(1)

carry out a review of potential threats to human life and safety from use of covered sites; and

(2)

install such technologies and other measures, including sirens, strobe lights, and signage, that the Secretary, based on the review carried out under paragraph (1), determines necessary for alerting the public of hazardous water conditions or to otherwise minimize or eliminate any identified threats to human life and safety.

(b)

Covered Sites Defined.— In this section, the term “covered sites” means—

(1)

designated recreational areas at the Buford Dam, Lake Sidney Lanier, Georgia, authorized by section 1 of the Act of July 24, 1946 (chapter 595, 60 Stat. 635);

(2)

designated recreational areas at the banks of the Mississippi River, Louisiana; and

(3)

the project for navigation, Murderkill River, Delaware, authorized by the first section of the Act of July 13, 1892 (chapter 158, 27 Stat. 98).

SEC. 8230. Assessment of Coastal Flooding Mitigation Modeling and Testing Capacity.

(a)

In General.— The Secretary, acting through the Director of the Engineer Research and Development Center, shall carry out an assessment of the current capacity of the Corps of Engineers to model coastal flood mitigation systems and test the effectiveness of such systems in preventing flood damage resulting from coastal storm surges.

(b)

Considerations.— In carrying out the assessment under subsection (a), the Secretary shall—

(1)

identify the capacity of the Corps of Engineers to—

(A)

carry out the testing of the performance and reliability of coastal flood mitigation systems; or

(B)

collaborate with private industries to carry out such testing;

(2)

identify any limitations or deficiencies at Corps of Engineers facilities that are capable of testing the performance and reliability of coastal flood mitigation systems;

(3)

assess any benefits that would result from addressing the limitations or deficiencies identified under paragraph (2); and

(4)

provide recommendations for addressing such limitations or deficiencies.

(c)

Report to Congress.— Not later than 1 year 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, and make publicly available (including on a publicly available website), a report describing the results of the assessment carried out under subsection (a).

SEC. 8231. Report on Socially and Economically Disadvantaged Small Business Concerns.

(a)

In General.— 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, and make publicly available (including on a publicly available website), a report that describes and documents the use of contracts and subcontracts with Small Disadvantaged Businesses in carrying out the water resources development authorities of the Secretary.

(b)

Information.— The Secretary shall include in the report under subsection (a) information on the distribution of funds to Small Disadvantaged Businesses on a disaggregated basis.

(c)

Definition.— In this section, the term “Small Disadvantaged Business” has the meaning given that term in section 124.1001 of title 13, Code of Federal Regulations (or successor regulations).

SEC. 8232. Report on Solar Energy Opportunities.

(a)

Assessment.—

(1)

In general.— The Secretary shall conduct an assessment, in collaboration with relevant Federal agencies and after consultation with relevant non-Federal interests, of opportunities to install and maintain photovoltaic solar panels (including floating solar panels) at covered projects.

(2)

Contents.— The assessment conducted under paragraph (1) shall—

(A)

include a description of the economic, environmental, and technical viability of installing and maintaining, or contracting with third parties to install and maintain, photovoltaic solar panels at covered projects;

(B)

identify covered projects with a high potential for the installation and maintenance of photovoltaic solar panels and whether such installation and maintenance would require additional authorization;

(C)

account for potential impacts of photovoltaic solar panels at covered projects and the authorized purposes of such projects, including potential impacts on flood risk reduction, navigation, recreation, water supply, and fish and wildlife; and

(D)

account for the availability of electric grid infrastructure close to covered projects, including underutilized transmission infrastructure.

(b)

Report to Congress.— Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to Congress, and make publicly available (including on a publicly available website), a report containing the results of the assessment conducted under subsection (a).

(c)

Authorization of Appropriations.— There is authorized to be appropriated to the Secretary $10,000,000 to carry out this section.

(d)

Definition.— In this section, the term “covered project” means—

(1)

any property under the control of the Corps of Engineers; and

(2)

any water resources development project constructed by the Secretary or over which the Secretary has financial or operational responsibility.

SEC. 8233. Report to Congress on Economic Valuation of Preservation of Open Space, Recreational Areas, and Habitat Associated with Project Lands.

(a)

In General.— The Secretary shall conduct a review of the existing statutory, regulatory, and policy requirements related to the determination of the economic value of lands that—

(1)

may be provided by the non-Federal interest, as necessary, for the construction of a project for flood risk reduction or hurricane and storm risk reduction in accordance with section 103(i) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(i));

(2)

are being maintained for open space, recreational areas, or preservation of fish and wildlife habitat; and

(3)

will continue to be so maintained as part of the project.

(b)

Report to Congress.— Not later than 1 year after the date of enactment of this section, the Secretary shall issue 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 containing the results of the review conducted under subsection (a), including—

(1)

a summary of the existing statutory, regulatory, and policy requirements described in such subsection;

(2)

a description of the requirements and process the Secretary uses to place an economic value on the lands described in such subsection;

(3)

an assessment of whether such requirements and process affect the ability of a non-Federal interest to provide such lands for the construction of a project described in such subsection;

(4)

an assessment of whether such requirements and process directly or indirectly encourage the selection of developed lands for the construction of a project, or have the potential to affect the total cost of a project; and

(5)

the identification of alternative measures for determining the economic value of such lands that could provide incentives for the preservation of open space, recreational areas, and habitat in association with the construction of a project.

SEC. 8234. Report on Corrosion Prevention Activities.

Not later than 180 days 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 (including on a publicly available website), a report that describes—

(1)

the extent to which the Secretary has carried out section 1033 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2350);

(2)

the extent to which the Secretary has incorporated corrosion prevention activities (as defined in such section) at water resources development projects constructed or maintained by the Secretary since the date of enactment of such section; and

(3)

in instances where the Secretary has not incorporated corrosion prevention activities at such water resources development projects since such date, an explanation of why such corrosion prevention activities have not been incorporated.

SEC. 8235. Report to Congress on Easements Related to Water Resources Development Projects.

(a)

In General.— The Secretary shall conduct a review of the existing statutory, regulatory, and policy requirements and procedures related to the use, in relation to the construction of a project for flood risk management, hurricane and storm damage risk reduction, or ecosystem restoration, of covered easements that may be provided to the Secretary by non-Federal interests.

(b)

(1)

the findings of the Secretary relating to—

(A)

the minimum rights in property that are necessary to construct, operate, or maintain projects for flood risk management, hurricane and storm damage risk reduction, or ecosystem restoration;

(B)

whether increased use of covered easements in relation to such projects could promote greater participation from cooperating landowners in addressing local flooding or ecosystem restoration challenges; and

(C)

whether such increased use could result in cost savings in the implementation of the projects, without any reduction in project benefits; and

(2)

any recommendations of the Secretary relating to whether existing requirements or procedures related to such use of covered easements should be revised to reflect the results of the review.

(c)

Definition.— In this section, the term “covered easement” means an easement or other similar interest in real property that—

(1)

reserves for the Secretary rights in the property that are necessary to construct, operate, or maintain a water resources development project;

(2)

provides for appropriate public use of the property, and retains the right of continued use of the property by the owner of the property, to the extent such uses are consistent with purposes of the covered easement;

(3)

provides access to the property for oversight and inspection by the Secretary;

(4)

is permanently recorded; and

(5)

is enforceable under Federal and State law.

SEC. 8236. Gao Studies.

(a)

Study on Project Distribution.—

(1)

In general.— Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall initiate an analysis of—

(A)

the geographic distribution of annual and supplemental funding for water resources development projects carried out by the Secretary over the immediately preceding 5 fiscal years; and

(B)

the factors contributing to such distribution.

(2)

Report.— Upon completion of the analysis required under paragraph (1), the Comptroller General shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of such analysis.

(b)

Assessment of Concessionaire Practices.—

(1)

In general.— Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall initiate an assessment of the concessionaire lease practices of the Corps of Engineers.

(2)

Scope.— In conducting the assessment under paragraph (1), the Comptroller General shall assess—

(A)

the extent to which the formula of the Corps of Engineers for calculating concessionaire rental rates allows concessionaires to obtain a reasonable return on investment, taking into account operating margins for sales of food and fuel; and

(B)

the process and formula for assessing administrative fees for concessionaire leases that addresses—

(i)

the statutory authority for such fees; and

(ii)

the extent to which the process and formula for assessing such fees are transparent and consistent across districts of the Corps of Engineers.

(3)

Report.— Upon completion of the assessment required under paragraph (1), the Comptroller General shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of such assessment.

(c)

Audit of Projects Over Budget or Behind Schedule.—

(1)

List required.— Not later than 90 days after the date of enactment of this Act, the Secretary shall provide to the Comptroller General of the United States a list of each covered ongoing water resources development project.

(2)

Review.— Not later than 1 year after receiving the list under paragraph (1), the Comptroller General shall initiate a review of the factors and conditions resulting in the estimated project cost or completion date exceedances for each covered ongoing water resources development project.

(3)

Report.— Upon completion of the review conducted under paragraph (2), the Comptroller General shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of such review.

(4)

Definition of covered ongoing water resources development project.— In this subsection, the term “covered ongoing water resources development project” means a water resources development project being carried out by the Secretary for which, as of the date of enactment of this Act—

(A)

the estimated total project cost of the project exceeds the authorized total project cost of the project by not less than $50,000,000; or

(B)

the estimated completion date of the project exceeds the original estimated completion date of the project by not less than 5 years.

(d)

Studies on Mitigation.—

(1)

Study on mitigation for water resources development projects.—

(A)

In general.— Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall initiate a review of projects and activities to mitigate fish and wildlife losses resulting from the construction, or operation and maintenance, of an authorized water resources development project.

(B)

Requirements.— In conducting the review under subparagraph (A), the Comptroller General shall—

(i)

assess the extent to which—

(I)

districts of the Corps of Engineers consistently implement the final rule of the Department of Defense and the Environmental Protection Agency titled “Compensatory Mitigation for Losses of Aquatic Resources” and issued on April 10, 2008 (73 Fed. Reg. 19594);

(II)

mitigation projects and activities (including the acquisition of lands or interests in lands) restore the natural hydrologic conditions, restore native vegetation, and otherwise support native fish and wildlife species, as required under section 906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283);

(III)

mitigation projects or activities (including the acquisition of lands or interests in lands) are undertaken before, or concurrent with, the construction of the authorized water resources development project for which such mitigation is required;

(IV)

mitigation projects or activities (including the acquisition of lands or interests in lands) are completed;

(V)

mitigation projects or activities are undertaken to mitigate fish and wildlife losses resulting from the operation and maintenance of an authorized water resources development project, including based on periodic review and updating of such projects or activities;

(VI)

the Secretary includes mitigation plans, as required by section 906(d) of the Water Resources Development Act of 1986 (33 U.S. 2283), in any project study (as defined in section 2034(l) of the Water Resources Development Act of 2007 (33 U.S.C. 2343));

(VII)

processing and approval of mitigation projects and activities (including the acquisition of lands or interests in lands) affects the timeline of completion of authorized water resources development projects; and

(VIII)

mitigation projects and activities (including the acquisition of lands or interests in lands) affect the total cost of authorized water resources development projects;

(ii)

evaluate the performance of each of the mitigation mechanisms included in the final rule described in clause (i)(I);

(iii)

evaluate the efficacy of the use of alternative methods, such as a performance-based contract, to satisfy mitigation requirements of authorized water resources development projects;

(iv)

review any reports submitted to Congress in accordance with section 2036(b) of the Water Resources Development Act of 2007 (121 Stat. 1094) on the status of construction of authorized water resources development projects that require mitigation; and

(v)

consult with independent scientists, economists, and other stakeholders with expertise and experience to conduct such review.

(C)

Definition of performance-based contract.— In this paragraph, the term “performance-based contract” means a procurement mechanism by which the Corps of Engineers contracts with a public or private non-Federal entity for a specific mitigation outcome requirement, with payment to the entity linked to delivery of verifiable, sustainable, and functionally equivalent mitigation performance.

(D)

Report.— Upon completion of the review conducted under this paragraph, the Comptroller General shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of such review.

(2)

Study on compensatory mitigation.—

(A)

In general.— Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall initiate a review of the performance metrics for, compliance with, and adequacy of potential mechanisms for fulfilling compensatory mitigation obligations pursuant to the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).

(B)

Requirements.— The Comptroller General shall include in the review conducted under subparagraph (A) an analysis of—

(i)

the primary mechanisms for fulfilling compensatory mitigation obligations, including—

(I)

mitigation banks;

(II)

in-lieu fee programs; and

(III)

direct mitigation by permittees;

(ii)

the timeliness of initiation and successful completion of compensatory mitigation activities in relation to when a permitted activity occurs;

(iii)

the timeliness of processing and approval of compensatory mitigation activities;

(iv)

the costs of carrying out compensatory mitigation activities borne by the Federal Government, a permittee, or any other involved entity;

(v)

Federal and State agency oversight and short- and long-term monitoring of compensatory mitigation activities;

(vi)

whether a compensatory mitigation activity successfully replaces any lost or adversely affected habitat with a habitat having similar functions of equal or greater ecological value; and

(vii)

the continued, long-term operation of the compensatory mitigation activities over a 5-, 10-, 20-, and 50-year period, including ecological performance and the functioning of long-term funding mechanisms.

(C)

Update.— In conjunction with the review required under subparagraph (A), the Comptroller General shall review and update the findings and recommendations contained in the report of the Comptroller General titled “Corps of Engineers Does Not Have an Effective Oversight Approach to Ensure That Compensatory Mitigation Is Occurring” and dated September 2005 (GAO–05–898), including a review of Federal agency compliance with such recommendations.

(D)

Report.— Upon completion of the review conducted under required subparagraph (A), the Comptroller General shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of such review.

(e)

Study on Waterborne Commerce Statistics.—

(1)

In general.— Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall initiate a review of the Waterborne Commerce Statistics Center of the Corps of Engineers that includes—

(A)

an assessment of ways in which the Waterborne Commerce Statistics Center can improve the collection of information relating to all commercial maritime activity within the jurisdiction of a port, including the collection and reporting of records of fishery landings and aquaculture harvest; and

(B)

recommendations to improve the collection of such information from non-Federal entities, taking into consideration—

(i)

the cost, efficiency, and accuracy of collecting such information; and

(ii)

the protection of proprietary information.

(2)

Report.— Upon completion of the review conducted out under paragraph (1), the Comptroller General 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 containing the results of such review.

(f)

Study on the Integration of Information Into the National Levee Database.—

(1)

In general.— Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall initiate a review of the sharing of levee information, and the integration of such information into the National Levee Database, by the Corps of Engineers and the Federal Emergency Management Agency in accordance with section 9004 of the Water Resources Development Act of 2007 (33 U.S.C. 3303).

(2)

Requirements.— In conducting the review under paragraph (1), the Comptroller General shall—

(A)

investigate the information-sharing protocols and procedures between the Corps of Engineers and the Federal Emergency Management Agency regarding the construction of new Federal flood protection projects;

(B)

analyze the timeliness of the integration of information relating to newly constructed Federal flood protection projects into the National Levee Database;

(C)

identify any delays between the construction of a new Federal flood protection project and when a policyholder of the National Flood Insurance Program would realize a premium discount due to the construction of a new Federal flood protection project; and

(D)

determine whether such information-sharing protocols are adversely impacting the ability of the Secretary to perform accurate benefit-cost analyses for future flood risk management activities.

(3)

Report.— Upon completion of the review conducted under paragraph (1), the Comptroller General 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 containing the results of such review.

(g)

Audit of Joint Costs for Operation and Maintenance.—

(1)

In general.— Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall initiate a review of the practices of the Corps of Engineers with respect to the determination of joint costs associated with operations and maintenance of reservoirs owned and operated by the Secretary.

(2)

Report.— Upon completion of the review conducted under paragraph (1), the Comptroller General shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of such review and any recommendations that result from such review.

SEC. 8237. Assessment of Forest, Rangeland, and Watershed Restoration Services on Lands Owned by the Corps of Engineers.

(a)

In General.— The Secretary shall carry out an assessment of forest, rangeland, and watershed restoration services on lands owned by the Corps of Engineers, including an assessment of whether the provision of such services on such lands by non-Federal interests through good neighbor agreements would be in the best interests of the United States.

(b)

Considerations.— In carrying out the assessment under subsection (a), the Secretary shall—

(1)

describe the forest, rangeland, and watershed restoration services provided by the Secretary on lands owned by the Corps of Engineers;

(2)

assess whether such services, including efforts to reduce hazardous fuels and to restore and improve forest, rangeland, and watershed health (including the health of fish and wildlife habitats) would be enhanced by authorizing the Secretary to enter into a good neighbor agreement with a non-Federal interest;

(3)

describe the process for ensuring that Federal requirements for land management plans for forests on lands owned by the Corps of Engineers remain in effect under good neighbor agreements;

(4)

assess whether Congress should authorize the Secretary to enter into a good neighbor agreement with a non-Federal interest to provide forest, rangeland, and watershed restoration services on lands owned by the Corps of Engineers, including by assessing any interest expressed by a non-Federal interest to enter into such an agreement;

(5)

consider whether implementation of a good neighbor agreement on lands owned by the Corps of Engineers would benefit State and local governments and Indian Tribes that are located in the same geographic area as such lands; and

(6)

consult with the heads of other Federal agencies authorized to enter into good neighbor agreements with non-Federal interests.

(c)

Report to Congress.— Not later than 18 months 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, and make publicly available (including on a publicly available website), a report describing the results of the assessment carried out under subsection (a).

(d)

Definitions.— In this section:

(1)

Forest, rangeland, and watershed restoration services.— The term “forest, rangeland, and watershed restoration services” has the meaning given such term in section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a).

(2)

Good neighbor agreement.— The term “good neighbor agreement” means a cooperative agreement or contract (including a sole source contract) entered into between the Secretary and a non-Federal interest to carry out forest, rangeland, and watershed restoration services.

(3)

Lands owned by the corps of engineers.— The term “lands owned by the Corps of Engineers” means any land owned by the Corps of Engineers, but does not include—

(A)

a component of the National Wilderness Preservation System;

(B)

land on which the removal of vegetation is prohibited or restricted by law or Presidential proclamation;

(C)

a wilderness study area; or

(D)

any other land with respect to which the Secretary determines that forest, rangeland, and watershed restoration services should remain the responsibility of the Secretary.

Subtitle C Deauthorizations and Modifications

SEC. 8301. Deauthorization of Inactive Projects.

(a)

Purposes; Proposed Deauthorization List; Submission of Final List.— Section 301 of the Water Resources Development Act of 2020 (33 U.S.C. 579d–2) is amended by striking subsections (a) through (c) and inserting the following:

“(a) Purposes.—The purposes of this section are—

“(1) to identify water resources development projects, and separable elements of projects, authorized by Congress that are no longer viable for construction due to—

“(A) a lack of local support;

“(B) a lack of available Federal or non-Federal resources; or

“(C) an authorizing purpose that is no longer relevant or feasible;

“(2) to create an expedited and definitive process for Congress to deauthorize water resources development projects and separable elements that are no longer viable for construction; and

“(3) to allow the continued authorization of water resources development projects and separable elements that are viable for construction.

“(b) Proposed Deauthorization List.—

“(1) Preliminary list of projects.—

“(A) In general.—The Secretary shall develop a preliminary list of each water resources development project, or separable element of a project, authorized for construction before November 8, 2007, for which—

“(i) planning, design, or construction was not initiated before the date of enactment of this Act; or

“(ii) planning, design, or construction was initiated before the date of enactment of this Act, but for which no funds, Federal or non-Federal, were obligated for planning, design, or construction of the project or separable element of the project during the current fiscal year or any of the 10 preceding fiscal years.

“(B) Use of comprehensive construction backlog and operation and maintenance report.—The Secretary may develop the preliminary list from the comprehensive construction backlog and operation and maintenance reports developed pursuant to section 1001(b)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 579a).

“(2) Preparation of proposed deauthorization list.—

“(A) Proposed list and estimated deauthorization amount.—The Secretary shall—

“(i) prepare a proposed list of projects for deauthorization comprised of a subset of projects and separable elements identified on the preliminary list developed under paragraph (1) that are projects or separable elements described in subsection (a)(1), as determined by the Secretary; and

“(ii) include with such proposed list an estimate, in the aggregate, of the Federal cost to complete such projects.

“(B) Determination of federal cost to complete.—For purposes of subparagraph (A), the Federal cost to complete shall take into account any allowances authorized by section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280), as applied to the most recent project schedule and cost estimate.

“(3) Public comment and consultation.—

“(A) In general.—The Secretary shall solicit comments from the public and the Governors of each applicable State on the proposed deauthorization list prepared under paragraph (2)(A).

“(B) Comment period.—The public comment period shall be 90 days.

“(4) Preparation of final deauthorization list.—

“(A) In general.—The Secretary shall prepare a final deauthorization list by—

“(i) considering any comments received under paragraph (3); and

“(ii) revising the proposed deauthorization list prepared under paragraph (2)(A) as the Secretary determines necessary to respond to such comments.

“(B) Appendix.—The Secretary shall include as part of the final deauthorization list an appendix that—

“(i) identifies each project or separable element on the proposed deauthorization list that is not included on the final deauthorization list; and

“(ii) describes the reasons why the project or separable element is not included on the final deauthorization list.

“(c) Submission of Final Deauthorization List to Congress for Congressional Review; Publication.—

“(1) In general.—Not later than 90 days after the date of the close of the comment period under subsection (b)(3), the Secretary shall—

“(A) submit the final deauthorization list and appendix prepared under subsection (b)(4) to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate; and

“(B) publish the final deauthorization list and appendix in the Federal Register.

“(2) Exclusions.—The Secretary shall not include in the final deauthorization list submitted under paragraph (1) any project or separable element with respect to which Federal funds for planning, design, or construction are obligated after the development of the preliminary list under subsection (b)(1)(A) but prior to the submission of the final deauthorization list under paragraph (1)(A) of this subsection.”

(b)

Repeal.— Section 301(d) of the Water Resources Development Act of 2020 (33 U.S.C. 579d–2(d)) is repealed.

SEC. 8302. Watershed and River Basin Assessments.

Section 729 of the Water Resources Development Act of 1986 (33 U.S.C. 2267a) is amended—

(1)

in subsection (a)—

(A)

in paragraph (5), by striking “ and” at the end;

(B)

in paragraph (6), by striking the period at the end and inserting a semicolon; and

(C)

by adding at the end the following:

“(7) sea level rise;

“(8) coastal storm damage reduction; and

“(9) streambank and shoreline protection.”

; and

(2)

in subsection (d)—

(A)

in paragraph (9), by striking “ and” at the end;

(B)

in paragraph (10), by striking the period at the end and inserting a semicolon; and

(C)

by adding at the end the following:

“(11) New York-New Jersey Watershed Basin, which encompasses all the watersheds that flow into the New York-New Jersey Harbor and their associated estuaries, including the Hudson, Mohawk, Raritan, Passaic, Hackensack, and Bronx River Watersheds and the Hudson River Estuary;

“(12) Mississippi River Watershed; and

“(13) Chattahoochee River Basin, Alabama, Florida, and Georgia.”

SEC. 8303. Forecast-Informed Reservoir Operations.

(a)

Additional Utilization of Forecast-Informed Reservoir Operations.— Section 1222(c) of the Water Resources Development Act of 2018 (132 Stat. 3811; 134 Stat. 2661) is amended—

(1)

in paragraph (1), by striking “ the Upper Missouri River Basin and the North Platte River Basin” and inserting “ the Upper Missouri River Basin, the North Platte River Basin, and the Apalachicola Chattahoochee Flint River Basin”; and

(2)

in paragraph (2)—

(A)

in subparagraph (A), by striking “ the Upper Missouri River Basin or the North Platte River Basin” and inserting “ the Upper Missouri River Basin, the North Platte River Basin, or the Apalachicola Chattahoochee Flint River Basin”; and

(B)

in subparagraph (B), by striking “ the Upper Missouri River Basin or the North Platte River Basin” and inserting “ the Upper Missouri River Basin, the North Platte River Basin, or the Apalachicola Chattahoochee Flint River Basin”.

(b)

Completion of Reports.— The Secretary shall expedite completion of the reports authorized by section 1222 of the Water Resources Development Act of 2018 (132 Stat. 3811; 134 Stat. 2661).

(c)

Forecast-Informed Reservoir Operations.—

(1)

In general.— The Secretary is authorized to carry out a research study pilot program at 1 or more dams owned and operated by the Secretary in the North Atlantic Division of the Corps of Engineers to assess the viability of forecast-informed reservoir operations in the eastern United States.

(2)

Report.— Not later than 1 year after completion of the research study pilot program under paragraph (1), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the research study pilot program.

SEC. 8304. Lakes Program.

Section 602(a) of the Water Resources Development Act of 1986 (100 Stat. 4148; 104 Stat. 4646; 110 Stat. 3758; 113 Stat. 295; 121 Stat. 1076; 134 Stat. 2703) is amended—

(1)

in paragraph (29), by striking “ and” at the end;

(2)

in paragraph (30), by striking the period at the end and inserting a semicolon; and

(3)

by adding at the end the following:

“(31) Salisbury Pond, Worcester, Massachusetts;

“(32) Baisley Pond, New York;

“(33) Legacy Park, Decatur, Georgia; and

“(34) White Rock Lake, Dallas, Texas.”

SEC. 8305. Invasive Species.

(a)

Aquatic Invasive Species Research.— Section 1108(a) of the Water Resources Development Act of 2018 (33 U.S.C. 2263a(a)) is amended by inserting “ , hydrilla” after “ elodea”.

(b)

Invasive Species Management.— Section 104 of the River and Harbor Act of 1958 (33 U.S.C. 610) is amended—

(1)

in subsection (b)(2)(A)(ii)—

(A)

by striking “ $50,000,000” and inserting “ $75,000,000”; and

(B)

by striking “ 2024” and inserting “ 2028”;

(2)

in subsection (f)(4) by striking “ 2024” and inserting “ 2028”; and

(3)

in subsection (g)—

(A)

in paragraph (2)—

(i)

in subparagraph (A)—

(I)

by striking “ water quantity or water quality” and inserting “ water quantity, water quality, or ecosystems”; and

(II)

by inserting “ the Lake Erie Basin, the Ohio River Basin,” after “ the Upper Snake River Basin,”; and

(ii)

in subparagraph (B), by inserting “ , hydrilla (Hydrilla verticillata),” after “ (Elaeagnus angustifolia)”; and

(B)

in paragraph (3)(D), by striking “ 2024” and inserting “ 2028”.

(c)

Harmful Algal Bloom Demonstration Program.— Section 128(c) of the Water Resources Development Act of 2020 (33 U.S.C. 610 note) is amended to read as follows:

“(c) Focus Areas.—In carrying out the demonstration program under subsection (a), the Secretary shall undertake program activities related to harmful algal blooms in—

“(1) the Great Lakes;

“(2) the tidal and inland waters of the State of New Jersey, including Lake Hopatcong, New Jersey;

“(3) the coastal and tidal waters of the State of Louisiana;

“(4) the waterways of the counties that comprise the Sacramento-San Joaquin Delta, California;

“(5) the Allegheny Reservoir Watershed, New York;

“(6) Lake Okeechobee, Florida;

“(7) the Caloosahatchee and St. Lucie Rivers, Florida;

“(8) Lake Sidney Lanier, Georgia;

“(9) Rio Grande River Basin, Colorado, New Mexico, and Texas;

“(10) lakes and reservoirs in the State of Ohio;

“(11) the Upper Mississippi River and tributaries;

“(12) Detroit Lake, Oregon;

“(13) Ten Mile Lake, Oregon; and

“(14) the coastal waters of the United States Virgin Islands.”

(d)

Update on Invasive Species Policy Guidance.— Section 501(b) of the Water Resources Development Act of 2020 (33 U.S.C. 610 note) is amended—

(1)

in paragraph (1), by striking “ and” at the end;

(2)

in paragraph (2), by striking the period at the end and inserting “ ; and”; and

(3)

by adding at the end the following:

“(3) the Sacramento-San Joaquin Delta, California.”

SEC. 8306. Maintenance of Navigation Channels.

Section 509(a) of the Water Resources Development Act of 1996 (110 Stat. 3759; 113 Stat. 339; 114 Stat. 2679) is amended by adding at the end the following:

“(18) Second harbor at New Madrid County Harbor, Missouri.

“(19) Yabucoa Harbor, Puerto Rico.

“(20) Everett Harbor and Snohomish River, Boat Launch Connector Channel, Washington.

“(21) Port Townsend, Boat Haven Marina Breakwater, Washington.

“(22) Segment 1B of Houston Ship Channel, Texas.”

SEC. 8307. Project Reauthorizations.

(a)

In General.—

(1)

New york harbor, new york and new jersey.— The New York Harbor collection and removal of drift project authorized by section 2 of the Act of March 4, 1915 (chapter 142, 38 Stat. 1051; 88 Stat. 39; 104 Stat. 4615), and deauthorized pursuant to section 6001 of the Water Resources Reform and Development Act of 2014 (128 Stat. 1345), is authorized to be carried out by the Secretary.

(2)

Rio nigua, salinas, puerto rico.— The project for flood control, Rio Nigua, Salinas, Puerto Rico, authorized by section 101 of the Water Resources Development Act of 1999 (113 Stat. 278), and deauthorized pursuant to section 6001 of the Water Resources Reform and Development Act of 2014 (128 Stat. 1345), is authorized to be carried out by the Secretary.

(3)

Rio grande de loiza, puerto rico.— The project for flood control, Rio Grande De Loiza, Puerto Rico, authorized by section 101 of the Water Resources Development Act of 1992 (106 Stat. 4803), and deauthorized pursuant to section 6001 of the Water Resources Reform and Development Act of 2014 (128 Stat. 1345), is authorized to be carried out by the Secretary.

(b)

Feasibility Studies.— The Secretary shall carry out, and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of, a feasibility study for each of the projects described in subsection (a).

SEC. 8308. Special Rule for Certain Beach Nourishment Projects.

(a)

In General.— In the case of a water resources development project described in subsection (b), the Secretary shall—

(1)

fund, at Federal expense, any incremental increase in cost to the project that results from a legal requirement to use a borrow source determined by the Secretary to be other than the least-cost option; and

(2)

exclude the cost described in paragraph (1) from the cost-benefit analysis for the project.

(b)

Water Resources Development Project Described.— A water resources development project referred to in subsection (a) is any of the following:

(1)

The Townsends Inlet to Cape May Inlet, New Jersey, hurricane storm damage reduction, shore protection, and ecosystem restoration project, authorized by section 101(a)(26) of the Water Resources Development Act of 1999 (113 Stat. 278).

(2)

The Folly Beach, South Carolina, shoreline protection project, authorized by section 501(a) of the Water Resources Development Act of 1986 (100 Stat. 4136; 105 Stat. 520).

(3)

The Carolina Beach and Vicinity, North Carolina, coastal storm risk management project, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1182; 134 Stat. 2741).

(4)

The Wrightsville Beach, North Carolina, coastal storm risk management project, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1182; 134 Stat. 2741).

(c)

Savings Provision.— Nothing in this section limits the eligibility for, or availability of, Federal expenditures or financial assistance for any water resources development project, including any beach nourishment or renourishment project, under any other provision of Federal law.

SEC. 8309. Columbia River Basin.

(a)

Study of Flood Risk Management Activities.—

(1)

In general.— Using funds made available to carry out this section, the Secretary is authorized, at Federal expense, to carry out a study to determine the feasibility of a project for flood risk management and related purposes in the Columbia River Basin and to report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate with recommendations thereon, including recommendations for a project to potentially reduce the reliance on Canada for flood risk management in the basin.

(2)

Coordination.— The Secretary shall carry out the activities described in this subsection in coordination with other Federal and State agencies and Indian Tribes.

(b)

Funds for Columbia River Treaty Obligations.—

(1)

In general.— The Secretary is authorized to expend funds appropriated for the purpose of satisfying United States obligations under the Columbia River Treaty to compensate Canada for operating Canadian storage on behalf of the United States under such treaty.

(2)

Notification.— If the U.S. entity calls upon Canada to operate Canadian reservoir storage for flood risk management on behalf of the United States, which operation may incur an obligation to compensate Canada under the Columbia River Treaty—

(A)

the Secretary shall submit to the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Environment and Public Works and Appropriations of the Senate, by not later than 30 days after the initiation of the call, a written notice of the action and a justification, including a description of the circumstances necessitating the call;

(B)

upon a determination by the United States of the amount of compensation that shall be paid to Canada, the Secretary shall submit to the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Environment and Public Works and Appropriations of the Senate a written notice specifying such amount and an explanation of how such amount was derived, which notification shall not delay or impede the flood risk management mission of the U.S. entity; and

(C)

the Secretary shall make no payment to Canada for the call under the Columbia River Treaty until such time as funds appropriated for the purpose of compensating Canada under such treaty are available.

(3)

Definitions.— In this section:

(A)

Columbia river basin.— The term “Columbia River Basin” means the entire United States portion of the Columbia River watershed.

(B)

Columbia river treaty.— The term “Columbia River Treaty” means the treaty relating to cooperative development of the water resources of the Columbia River Basin, signed at Washington January 17, 1961, and entered into force September 16, 1964.

(C)

U.S. entity.— The term “U.S. entity” means the entity designated by the United States under Article XIV of the Columbia River Treaty.

SEC. 8310. Evaluation of Hydrologic Changes in Souris River Basin.

The Secretary is authorized to evaluate hydrologic changes affecting the agreement entitled “Agreement Between the Government of Canada and the Government of the United States of America for Water Supply and Flood Control in the Souris River Basin”, signed and entered into force on October 26, 1989.

SEC. 8311. Acequias Irrigation Systems.

Section 1113 of the Water Resources Development Act of 1986 (100 Stat. 4232; 110 Stat. 3719) is amended—

(1)

in subsection (b)—

(A)

by striking “ (b) Subject to section 903(a) of this Act, the Secretary is authorized and directed to undertake” and inserting the following:

“(b) Authorization.—The Secretary shall carry out”

; and

(B)

by striking “ canals” and all that follows through “ 100 percent.” and inserting the following:

“(1) are declared to be a political subdivision of the State; or

“(2) belong to an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)).”

(2)

by redesignating subsection (c) as subsection (f);

(3)

by inserting after subsection (b) the following:

“(c) Inclusions.—The measures described in subsection (b) shall, to the maximum extent practicable—

“(1) ensure greater resiliency of diversion structures, including to flow variations, prolonged drought conditions, invasive plant species, and threats from changing hydrological and climatic conditions; or

“(2) support research, development, and training for innovative management solutions, including those for controlling invasive aquatic plants that affect acequias.

“(d) Cost Sharing.—The non-Federal share of the cost of carrying out the measures described in subsection (b), including study costs, shall be 25 percent, except that in the case of a measure benefitting an economically disadvantaged community (as defined by the Secretary under section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note)), including economically disadvantaged communities located in urban and rural areas, the Federal share of the cost of carrying out such measure shall be 90 percent.

“(e) Authorization of Appropriations.—There is authorized to be appropriated to carry out the measures described in subsection (b) $80,000,000.”

; and

(4)

in subsection (f) (as so redesignated)—

(A)

in the first sentence—

(i)

by striking “ (f) The Secretary is further authorized and directed to” and inserting the following:

“(f) Public Entity Status.—

“(1) In general.—The Secretary shall”

; and

(ii)

by inserting “ or belong to an Indian Tribe within the State of New Mexico” after “ that State”; and

(B)

in the second sentence, by striking “ This public entity status will allow the officials of these Acequia systems” and inserting the following:

“(2) Effect.—The public entity status provided under paragraph (1) shall allow the officials of the Acequia systems described in such paragraph”

SEC. 8312. Port of Nome, Alaska.

(a)

In General.— The Secretary shall carry out the project for navigation, Port of Nome, Alaska, authorized by section 401(1) of the Water Resources Development Act of 2020 (134 Stat. 2733).

(b)

Cost Share.—

(1)

In general.— The non-Federal interest for the project described in subsection (a) shall pay 10 percent of the costs associated with the general navigation features of the project during the period of construction.

(2)

Exception.— Section 101(a)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 2211(a)(2)) shall not apply to the project described in subsection (a).

SEC. 8313. St. George, Alaska.

Notwithstanding the terms of the local cooperation agreement between the Department of the Army and the City of St. George, Alaska, dated December 23, 1988, the Secretary shall waive any and all payments due and owing to the United States by the City of St. George on or after the date of enactment this Act resulting from the judgment filed on November 8, 1993, in the United States Court of Federal Claims in J.E. McAmis, Inc. v. United States, 90–315C, 91–1194C, and 91–1195C.

SEC. 8314. Unalaska (dutch Harbor) Channels, Alaska.

Section 401(1) of the Water Resources Development Act of 2020 (134 Stat. 2734) is amended, in row 3 (relating to the project for navigation, Unalaska (Dutch Harbor) Channels, Alaska), by striking “ February 7, 2020” and inserting “ October 2, 2020”.

SEC. 8315. Storm Damage Prevention and Reduction, Coastal Erosion, and Ice and Glacial Damage, Alaska.

(a)

In General.— The Secretary shall establish a program to carry out structural and nonstructural projects for storm damage prevention and reduction, coastal erosion, and ice and glacial damage in the State of Alaska, including—

(1)

relocation of affected communities; and

(2)

construction of replacement facilities.

(b)

Cost Share.—

(1)

In general.— Except as provided in paragraph (2), the non-Federal share of the cost of a project carried out under this section shall be in accordance with sections 103 and 105 of the Water Resources Development Act of 1986 (33 U.S.C. 2213, 2215).

(2)

Exception.— In the case of a project benefitting an economically disadvantaged community (as defined by the Secretary under section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note)), including economically disadvantaged communities located in urban and rural areas, the non-Federal share of the cost of such project shall be 10 percent.

(c)

Repeal.— Section 116 of the Energy and Water Development and Related Agencies Appropriations Act, 2010 (123 Stat. 2851), is repealed.

(d)

Treatment.— The program authorized by subsection (a) shall be considered a continuation of the program authorized by section 116 of the Energy and Water Development and Related Agencies Appropriations Act, 2010 (123 Stat. 2851) (as in effect on the day before the date of enactment of this Act).

SEC. 8316. St. Francis Lake Control Structure.

(a)

In General.— The Secretary shall set the ordinary high water mark for water impounded behind the St. Francis Lake Control Structure, authorized by the Act of May 15, 1928 (chapter 569, 45 Stat. 538; 79 Stat. 1077), at 208 feet mean sea level.

(b)

Operation by Project Manager.— In setting the ordinary high water mark under subsection (a), the Secretary shall ensure that the project manager for the St. Francis Lake Control Structure may continue operating such structure in accordance with the instructions set forth in the document titled “St. Francis Lake Control Structure Standing Instructions to the Project Manager” and published in January 1982 by the Corps of Engineers, Memphis District.

SEC. 8317. South Platte River and Tributaries, Adams and Denver Counties, Colorado.

(a)

In General.— The Secretary shall expedite the completion of a written agreement under section 204(d) of the Water Resources Development Act of 1986 (33 U.S.C. 2232(d)) with the non-Federal interest for the project for ecosystem restoration and flood risk management, South Platte River and Tributaries, Adams and Denver Counties, Colorado, authorized by section 401(4) of the Water Resources Development Act of 2020 (134 Stat. 2739).

(b)

Reimbursement.— The written agreement described in subsection (a) shall provide for reimbursement of the non-Federal interest from funds in the allocation for the project described in subsection (a) in the detailed spend plan submitted for amounts appropriated under the heading “department of the army—corps of engineers—civil—construction” in title III of division J of the Infrastructure Investment and Jobs Act (135 Stat. 1359) if the Secretary determines that funds in an amount sufficient to reimburse the non-Federal interest are available in such allocation.

SEC. 8318. Fruitvale Avenue Railroad Bridge, Alameda, California.

Section 4017(d) of the Water Resources Development Act of 2007 (121 Stat. 1175) is repealed.

SEC. 8319. Los Angeles County, California.

(a)

Establishment of Program.— The Secretary may establish a program to provide environmental assistance to non-Federal interests in Los Angeles County, California.

(b)

Form of Assistance.— Assistance provided under this section may be in the form of design and construction assistance for water-related environmental infrastructure and resource protection and development projects in Los Angeles County, California, including projects for wastewater treatment and related facilities, water supply and related facilities, environmental restoration, and surface water resource protection and development.

(c)

Ownership Requirement.— The Secretary may provide assistance for a project under this section only if the project is publicly owned.

(d)

Partnership Agreements.—

(1)

In general.— Before providing assistance under this section to a non-Federal interest, the Secretary shall enter into a partnership agreement under section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b) with the non-Federal interest with respect to the project to be carried out with such assistance.

(2)

Requirements.— Each partnership agreement for a project entered into under this subsection shall provide for the following:

(A)

Development by the Secretary, in consultation with appropriate Federal and State officials, of a facilities or resource protection and development plan, including appropriate engineering plans and specifications.

(B)

Establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation of the project by the non-Federal interest.

(3)

Cost sharing.—

(A)

In general.— The Federal share of the cost of a project under this section—

(i)

shall be 75 percent; and

(ii)

may be provided in the form of grants or reimbursements of project costs.

(B)

Credit for interest.— In case of a delay in the funding of the Federal share of a project that is the subject of an agreement under this section, the non-Federal interest shall receive credit for reasonable interest incurred in providing the non-Federal share of the project cost.

(C)

Credit for land, easements, and rights-of-way.— Notwithstanding section 221(a)(4)(G) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)(G)), the non-Federal interest shall receive credit for land, easements, rights-of-way, and relocations toward the non-Federal share of project cost (including all reasonable costs associated with obtaining permits necessary for the construction, operation, and maintenance of the project on publicly owned or controlled land), but the credit may not exceed 25 percent of total project costs.

(D)

Operation and maintenance.— The non-Federal share of operation and maintenance costs for projects constructed with assistance provided under this section shall be 100 percent.

(e)

Authorization of Appropriations.—

(1)

In general.— There is authorized to be appropriated $50,000,000 to carry out this section.

(2)

Corps of engineers expenses.— Not more than 10 percent of the amounts made available to carry out this section may be used by the Corps of Engineers district offices to administer projects under this section at Federal expense.

SEC. 8320. Deauthorization of Designated Portions of the Los Angeles County Drainage Area, California.

(a)

In General.— The portion of the project for flood risk management, Los Angeles County Drainage Area, California, authorized by section 5 of the Act of June 22, 1936 (chapter 688, 49 Stat. 1589; 50 Stat. 167; 52 Stat. 1215; 55 Stat. 647; 64 Stat. 177; 104 Stat. 4611), consisting of the debris basins described in subsection (b), is no longer authorized beginning on the date that is 18 months after the date of enactment of this Act.

(b)

Debris Basins Described.— The debris basins referred to in subsection (a) are the following debris basins operated and maintained by the Los Angeles County Flood Control District, as generally defined in Corps of Engineers operations and maintenance manuals as may be further described in an agreement entered into under subsection (c): Auburn Debris Basin, Bailey Debris Basin, Big Dalton Debris Basin, Blanchard Canyon Debris Basin, Blue Gum Canyon Debris Basin, Brand Canyon Debris Basin, Carter Debris Basin, Childs Canyon Debris Basin, Dunsmuir Canyon Debris Basin, Eagle Canyon Debris Basin, Eaton Wash Debris Basin, Elmwood Canyon Debris Basin, Emerald East Debris Basin, Emerald West Debris Retention Inlet, Hay Debris Basin, Hillcrest Debris Basin, La Tuna Canyon Debris Basin, Little Dalton Debris Basin, Live Oak Debris Retention Inlet, Lopez Debris Retention Inlet, Lower Sunset Canyon Debris Basin, Marshall Canyon Debris Retention Inlet, Santa Anita Debris Basin, Sawpit Debris Basin, Schoolhouse Canyon Debris Basin, Shields Canyon Debris Basin, Sierra Madre Villa Debris Basin, Snover Canyon Debris Basin, Stough Canyon Debris Basin, Wilson Canyon Debris Basin, and Winery Canyon Debris Basin.

(c)

Agreement.— Not later than 90 days after the date of enactment of this Act, the Secretary shall seek to enter into an agreement with the Los Angeles County Flood Control District to ensure that the Los Angeles County Flood Control District—

(1)

operates, maintains, repairs, and rehabilitates, and replaces as necessary, the debris basins described in subsection (b)—

(A)

in perpetuity at no cost to the United States; and

(B)

in a manner that ensures that the quantity and concentration of stormwater inflows from such debris basins does not reduce the level of flood protection of the project described in subsection (a);

(2)

retains public ownership of, and compatible uses for, all real property required for the continued functioning of the debris basins described in subsection (b), consistent with authorized purposes of the project described in subsection (a);

(3)

allows the Corps of Engineers to continue to operate, maintain, rehabilitate, repair, and replace appurtenant structures, such as rain and stream gages, located within the debris basins subject to deauthorization under subsection (a) as necessary to ensure the continued functioning of the project described in subsection (a); and

(4)

holds and saves the United States harmless from damages due to overtopping, breach, failure, operation, or maintenance of the debris basins described in subsection (b).

(d)

Administrative Costs.— The Secretary may accept and expend funds voluntarily contributed by the Los Angeles County Flood Control District to cover the administrative costs incurred by the Secretary to—

(1)

enter into an agreement under subsection (c); and

(2)

monitor compliance with such agreement.

SEC. 8321. Murrieta Creek, California.

Section 103 of title I of appendix B of Public Law 106–377 (114 Stat. 1441A–65) (relating to the project for flood control, environmental restoration, and recreation, Murrieta Creek, California), is amended—

(1)

by striking “ $89,850,000” and inserting “ $277,194,000”;

(2)

by striking “ $57,735,000” and inserting “ $180,176,100”; and

(3)

by striking “ $32,115,000” and inserting “ $97,017,900”.

SEC. 8322. Sacramento River Basin, California.

The portion of the project for flood protection in the Sacramento River Basin, authorized by section 2 of the Act of March 1, 1917 (chapter 144, 39 Stat. 949; 68 Stat. 1264; 110 Stat. 3662; 113 Stat. 319), consisting of the portion of the American River North Levee, upstream of Arden Way, from G.P.S. coordinate 38.600948N 121.330599W to 38.592261N 121.334155W, is no longer authorized beginning on the date of enactment of this Act.

SEC. 8323. San Diego River and Mission Bay, San Diego County, California.

(a)

In General.— The project for flood control and navigation, San Diego River and Mission Bay, San Diego County, California, authorized by the Act of July 24, 1946 (chapter 595, 60 Stat. 636; 134 Stat. 2705), is modified to change the authorized conveyance capacity of the project to a level determined appropriate by the Secretary based on the actual capacity of the project, which level may be further modified by the Secretary as necessary to account for sea level rise.

(b)

Operation and Maintenance Manual.—

(1)

In general.— The non-Federal sponsor for the project described in subsection (a) shall prepare for review and approval by the Secretary a revised operation and maintenance manual for the project to implement the modification described in subsection (a).

(2)

Funding.— The non-Federal sponsor shall provide to the Secretary funds sufficient to cover the costs incurred by the Secretary to review and approve the manual described in paragraph (1), and the Secretary may accept and expend such funds in the performance of such review and approval.

(c)

Emergency Repair and Restoration Assistance.— Upon approval by the Secretary of the revised operation and maintenance manual required under subsection (b), and subject to compliance by the non-Federal sponsor with the requirements of such manual and with any other eligibility requirement established by the Secretary, the project described in subsection (a) shall be considered for assistance under section 5(a) of the Act of August 18, 1941 (33 U.S.C. 701n(a)).

SEC. 8324. Additional Assistance for Eastern Santa Clara Basin, California.

Section 111 of title I of division B of the Miscellaneous Appropriations Act, 2001 (Public Law 106–554, appendix D, 114 Stat. 2763A–224 (as enacted by section 1(a)(4) of the Consolidated Appropriations Act, 2001 (114 Stat. 2763)); 121 Stat. 1209), is amended—

(1)

in subsection (a), by inserting “ and volatile organic compounds” after “ perchlorates”; and

(2)

in subsection (b)(3), by inserting “ and volatile organic compounds” after “ perchlorates”.

SEC. 8325. San Francisco Bay, California.

(a)

Technical Amendment.— Section 203(a)(1)(A) of the Water Resources Development Act of 2020 (134 Stat. 2675) is amended by striking “ ocean shoreline” and inserting “ bay and ocean shorelines”.

(b)

Implementation.— In carrying out a study under section 142 of the Water Resources Development Act of 1976 (90 Stat. 2930; 100 Stat. 4158), pursuant to section 203(a)(1)(A) of the Water Resources Development Act of 2020 (as amended by this section), the Secretary shall not differentiate between damages related to high tide flooding and coastal storm flooding for the purposes of determining the Federal interest or cost share.

SEC. 8326. South San Francisco Bay Shoreline, California.

(a)

In General.— Except for funds required for a betterment or for a locally preferred plan, the Secretary shall not require the non-Federal interest for the project for flood risk management, ecosystem restoration, and recreation, South San Francisco Bay Shoreline, California, authorized by section 1401(6) of the Water Resources Development Act of 2016 (130 Stat. 1714), to contribute funds under an agreement entered into prior to the date of enactment of this Act in excess of the total cash contribution required from the non-Federal interest for the project under section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213).

(b)

Requirement.— The Secretary shall not, at any time, defer, suspend, or terminate construction of the project described in subsection (a) solely on the basis of a determination by the Secretary that an additional appropriation is required to cover the Federal share of the cost to complete construction of the project, if Federal funds, in an amount determined by the Secretary to be sufficient to continue construction of the project, remain available in the allocation for the project under the Long-Term Disaster Recovery Investment Plan for amounts appropriated under the heading “corps of engineers—civil—department of the army—construction” in title IV of subdivision 1 of division B of the Bipartisan Budget Act of 2018 (Public Law 115–123; 132 Stat. 76).

SEC. 8327. Delaware Shore Protection and Restoration.

(a)

Delaware Beneficial Use of Dredged Material for the Delaware River, Delaware.—

(1)

In general.— At the request of the non-Federal interest for the project for hurricane and storm damage risk reduction, Delaware Beneficial Use of Dredged Material for the Delaware River, Delaware, authorized by section 401(3) of the Water Resources Development Act of 2020 (134 Stat. 2736) (referred to in this subsection as the “project”), the Secretary shall implement the project using borrow sources that are alternatives to the Delaware River, Philadelphia to the Sea, project, Delaware, New Jersey, Pennsylvania, authorized by the Act of June 25, 1910 (chapter 382, 36 Stat. 637; 46 Stat. 921; 52 Stat. 803; 59 Stat. 14; 68 Stat. 1249; 72 Stat. 297).

(2)

Interim authority.— Until the Secretary implements the modification under paragraph (1), the Secretary is authorized, at the request of a non-Federal interest, to carry out initial construction or periodic nourishments at any site included in the project under—

(A)

section 1122 of the Water Resources Development Act of 2016 (33 U.S.C. 2326 note); or

(B)

section 204(d) of the Water Resources Development Act of 1992 (33 U.S.C. 2326(d)).

(3)

Cost share.— The Federal share of the cost to construct and periodically nourish the project, including the cost of any modifications carried out under paragraph (1) and the incremental cost of any placements carried out under paragraph (2)(B), shall be 90 percent.

(b)

Delaware Emergency Shore Restoration.—

(1)

In general.— The Secretary is authorized to repair or restore a federally authorized hurricane and storm damage reduction structure or project or a public beach located in the State of Delaware pursuant to section 5(a) of the Act of August 18, 1941 (33 U.S.C. 701n(a)), if—

(A)

the structure, project, or public beach is damaged by wind, wave, or water action associated with a Nor’easter; and

(B)

the Secretary determines that the damage prevents—

(i)

in the case of a structure or project, the adequate functioning of the structure or project for the authorized purposes of the structure or project; or

(ii)

in the case of a public beach, the adequate functioning of the beach as a natural barrier to inundation, wave attack, or erosion coinciding with hurricanes, coastal storms, or Nor’easters.

(2)

Justification.— The Secretary may carry out a repair or restoration activity under paragraph (1) without the need to demonstrate that the activity is justified solely by national economic development benefits if—

(A)

the Secretary determines that—

(i)

such activity is necessary to restore the adequate functioning of the structure, project, or public beach for the purposes described in paragraph (1)(B), as applicable; and

(ii)

such activity is warranted to protect against loss to life or property of the community protected by the structure, project, or public beach; and

(B)

in the case of a public beach, the non-Federal interest agrees to participate in, and comply with, applicable Federal floodplain management and flood insurance programs.

(3)

Prioritization.— Repair or restoration activities carried out by the Secretary under paragraph (2) shall be given equal budgetary consideration and priority as activities justified solely by national economic development benefits.

(4)

Limitations.— An activity carried out under paragraph (1) for a public beach shall not—

(A)

repair or restore the beach beyond its natural profile; or

(B)

be considered initial construction of the hurricane and storm damage reduction project.

(5)

Savings provision.— The authority provided by this subsection shall be in addition to any authority provided by section 5(a) of the Act of August 18, 1941 (33 U.S.C. 701n(a)) to repair or restore federally authorized hurricane or shore protective structure or project located in the State of Delaware damaged or destroyed by wind, wave, or water action of other than an ordinary nature.

(6)

Sunset.— The authority of the Secretary to carry out an activity under paragraph (1) for a public beach shall expire on the date that is 10 years after the date of enactment of this Act.

(7)

Definitions.— In this subsection:

(A)

Nor’easter.— The term “Nor’easter” means a synoptic-scale, extratropical cyclone in the western North Atlantic Ocean.

(B)

Public beach.— The term “public beach” means a beach within the geographic boundary of an unconstructed federally authorized hurricane and storm damage reduction project that is—

(i)

a publicly owned beach; or

(ii)

a privately owned beach that is available for public use, including the availability of reasonable public access, in accordance with Engineer Regulation 1165–2–130, published by the Corps of Engineers, dated June 15, 1989.

(c)

Indian River Inlet and Bay, Delaware.—

(1)

In general.— In carrying out major maintenance of the project for navigation, Indian River Inlet and Bay, Delaware, authorized by the first section of the Act of August 26, 1937 (chapter 832, 50 Stat. 846; 59 Stat. 14), the Secretary shall repair, restore, or relocate any non-Federal public recreation facility that has been damaged, in whole or in part, by the deterioration or failure of the project.

(2)

Authorization of appropriations.— There is authorized to be appropriated to carry out this subsection $10,000,000.

(d)

Indian River Inlet Sand Bypass Plant, Delaware.—

(1)

In general.— The project for hurricane-flood protection and beach erosion control at Indian River Inlet, Delaware, commonly known as the “Indian River Inlet Sand Bypass Plant”, authorized by section 869 of the Water Resources Development Act of 1986 (100 Stat. 4182), is modified to authorize the Secretary, at the request of a non-Federal interest, to provide periodic nourishment through dedicated dredging or other means to maintain or restore the functioning of such project when—

(A)

the sand bypass plant is inoperative; or

(B)

operation of the sand bypass plant is insufficient to maintain the functioning of the project.

(2)

Cost share.— The non-Federal share of the cost of a cycle of periodic nourishment provided pursuant to paragraph (1) shall be the same percentage as the non-Federal share of the cost to operate the sand bypass plant.

(e)

Reprogramming for Coastal Storm Risk Management Project at Indian River Inlet.—

(1)

In general.— For each fiscal year, the Secretary may reprogram amounts made available for any coastal storm risk management project to use such amounts for the project for hurricane-flood protection and beach erosion control at Indian River Inlet, Delaware, commonly known as the “Indian River Inlet Sand Bypass Plant”, authorized by section 869 of the Water Resources Development Act of 1986 (100 Stat. 4182).

(2)

Limitations.—

(A)

In general.— The Secretary may carry out not more than 2 reprogramming actions under paragraph (1) for each fiscal year.

(B)

Amount.— For each fiscal year, the Secretary may reprogram—

(i)

not more than $100,000 per reprogramming action; and

(ii)

not more than $200,000 for each fiscal year.

SEC. 8328. St. Johns River Basin, Central and Southern Florida.

The portions of the project for flood control and other purposes, Central and Southern Florida, authorized by section 203 of the Flood Control Act of 1948 (62 Stat. 1176), consisting of the southernmost 3.5-mile reach of the L–73 levee, Section 2, Osceola County Florida, are no longer authorized beginning on the date of enactment of this Act.

SEC. 8329. Little Pass, Clearwater Bay, Florida.

The portion of the project for navigation, Little Pass, Clearwater Bay, Florida, authorized by section 101 of the River and Harbor Act of 1960 (74 Stat. 481), beginning with the most westerly 1,000 linear feet of the channel encompassing all of Cut H, to include the turning basin, is no longer authorized beginning on the date of enactment of this Act.

SEC. 8330. Comprehensive Everglades Restoration Plan, Florida.

(a)

In General.— Section 601(e)(5) of the Water Resources Development Act of 2000 (114 Stat. 2685; 121 Stat. 1269; 132 Stat. 3786) is amended—

(1)

in subparagraph (D), by striking “ subparagraph (D)” and inserting “ subparagraph (E)”; and

(2)

in subparagraph (E)—

(A)

in clause (i), in the matter preceding subclause (I), by striking “ during each 5-year period, beginning with commencement of design of the Plan” and inserting “ during each period of 5 fiscal years, beginning on October 1, 2022”;

(B)

in clause (ii), by inserting “ for each project in the Plan” before the period at the end; and

(C)

by adding at the end the following:

“(iii) Accounting.—Not later than 90 days after the end of each fiscal year, the Secretary shall provide to the non-Federal sponsor a financial accounting of non-Federal contributions under clause (i)(I) for such fiscal year.

“(iv) Limitation.—In the case of an authorized project for which a project partnership agreement has not been executed and for which there is an agreement under subparagraph (B)(i)(III), the Secretary—

“(I) shall consider all expenditures and obligations incurred by the non-Federal sponsor for land and in-kind services for the project in determining the amount of any cash contribution required from the non-Federal sponsor to satisfy the cost-share requirements of this subsection; and

“(II) may only require any such cash contribution to be made at the end of each period of 5 fiscal years under clause (i).”

(b)

Update.— The Secretary and the non-Federal interest shall revise the Master Agreement for the Comprehensive Everglades Restoration Plan, executed in 2009 pursuant to section 601 of the Water Resources Development Act of 2000 (114 Stat. 2680), to reflect the amendment made by subsection (a).

SEC. 8331. Palm Beach Harbor, Florida.

Beginning on the date of enactment of this Act, the project for navigation, Palm Beach Harbor, Florida, for which assumption of maintenance was authorized by section 202 of the Water Resources Development Act of 1986 (100 Stat. 4093), is modified to deauthorize the portion of the project, known as the Northern Turning Basin, consisting of an approximate 209,218-square foot area (4.803 acres) of the Federal northern turning basin within Palm Beach Harbor, starting at a point with coordinates N887149.6299, E965813.7673; thence running N46°05’59”E for 106.07 feet to a point with coordinates N887223.1767, E965890.1929; thence running S88°54’01”E for 393.00 feet to a point with coordinates N887215.6342, E966283.1205; thence running S32°48’37”E for 433.78 feet to a point with coordinates N886851.0560, E966518.1668; thence running N88°54’01”W for 710.00 feet to a point with coordinates N886864.6824, E965808.2975; thence running N01°05’59”E for 285.00 feet to the point of origin.

SEC. 8332. Port Everglades, Florida.

Section 1401(1) of the Water Resources Development Act of 2016 (130 Stat. 1709) is amended, in row 4 (relating to the project for navigation, Port Everglades, Florida)—

(1)

by striking “ $229,770,000” and inserting “ $529,700,000”;

(2)

by striking “ $107,233,000” and inserting “ $247,209,000”; and

(3)

by striking “ $337,003,000” and inserting “ $776,909,000”.

SEC. 8333. South Florida Ecosystem Restoration Task Force.

Section 528(f)(1)(J) of the Water Resources Development Act of 1996 (110 Stat. 3771) is amended by striking “ 2 representatives of the State of Florida,” and inserting “ 3 representatives of the State of Florida, including at least 1 representative of the Florida Department of Environmental Protection and 1 representative of the Florida Fish and Wildlife Conservation Commission,”.

SEC. 8334. New Savannah Bluff Lock and Dam, Georgia and South Carolina.

Section 1319(c) of the Water Resources Development Act of 2016 (130 Stat. 1704) is amended by striking paragraph (2) and inserting the following:

“(2) Cost share.—

“(A) In general.—The costs of construction of a Project feature constructed pursuant to paragraph (1) shall be determined in accordance with section 101(a)(1)(B) of the Water Resources Development Act of 1986 (33 U.S.C. 2211(a)(1)(B)).

“(B) Savings provision.—Any increase in costs for the Project due to the construction of a Project feature constructed pursuant to paragraph (1) shall not be included in the total project cost for purposes of section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280).”

SEC. 8335. Little Wood River, Gooding, Idaho.

Section 3057 of the Water Resources Development Act of 2007 (121 Stat. 1120) is amended—

(1)

in subsection (a)(2), by striking “ $9,000,000” and inserting “ $40,000,000”; and

(2)

in subsection (b)—

(A)

by striking paragraph (1) and inserting the following:

“(1) Planning, design, and reconstruction costs.—The Federal share of planning, design, and reconstruction costs for a project under this section, including any work associated with bridges, shall be 90 percent.”

; and

(B)

by adding at the end the following:

“(3) In-kind contributions.—The non-Federal interest may provide and receive credit for in-kind contributions for a project carried out under this section, consistent with section 221(a)(4) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)).

“(4) Cash contribution not applicable.—The requirement under section 103(a)(1)(A) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(a)(1)(A)) for a non-Federal interest to provide 5 percent of the cost of a project carried out under this section shall not apply with respect to the project.

“(5) Payment options.—At the request of the non-Federal interest for a project carried out under this section and subject to available funding, the non-Federal contribution for construction of the project shall be financed in accordance with the provisions of section 103(k) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(k)) over a period of thirty years from the date of completion of the project.”

SEC. 8336. Chicago Shoreline Protection.

The project for storm damage reduction and shoreline erosion protection, Lake Michigan, Illinois, from Wilmette, Illinois, to the Illinois-Indiana State line, authorized by section 101(a)(12) of the Water Resources Development Act of 1996 (110 Stat. 3664), is modified to authorize the Secretary to provide 65 percent of the cost of the locally preferred plan, as described in the Report of the Chief of Engineers, dated April 14, 1994, for the construction of the following segments of the project:

(1)

Shoreline revetment at Morgan Shoal.

(2)

Shoreline revetment at Promontory Point.

SEC. 8337. Great Lakes and Mississippi River Interbasin Project, Brandon Road, Will County, Illinois.

(a)

In General.— Section 402(a)(1) of the Water Resources Development Act of 2020 (134 Stat. 2742) is amended by striking “ 80 percent” and inserting “ 90 percent”.

(b)

Local Cooperation Requirements.— At the request of the applicable non-Federal interests for the project for ecosystem restoration, Great Lakes and Mississippi River Interbasin project, Brandon Road, Will County, Illinois, authorized by section 401(a)(5) of the Water Resources Development Act of 2020 (134 Stat. 2740), the Secretary shall not require such non-Federal interests to be jointly and severally liable for all non-Federal obligations in the project partnership agreement for the project.

SEC. 8338. Southeast Des Moines, Southwest Pleasant Hill, Iowa.

(a)

Project Modifications.— The project for flood control and other purposes, Red Rock Dam and Lake, Des Moines River, Iowa (referred to in this section as the “Red Rock Dam Project”), authorized by section 10 of the Act of December 22, 1944 (chapter 665, 58 Stat. 896), and the project for local flood protection, Des Moines Local Flood Protection, Des Moines River, Iowa (referred to in this section as “Flood Protection Project”), authorized by such section, shall be modified as follows, subject to a new or amended agreement between the Secretary and the non-Federal interest for the Flood Protection Project, the City of Des Moines, Iowa (referred to in this section as the “City”), in accordance with section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b):

(1)

That portion of the Red Rock Dam Project consisting of the segment of levee from Station 15+88.8W to Station 77+43.7W shall be transferred to the Flood Protection Project.

(2)

The relocated levee improvement constructed by the City, from Station 77+43.7W to approximately Station 20+00, shall be included in the Flood Protection Project.

(b)

Federal Easement Conveyances.—

(1)

In general.— The Secretary is authorized to convey the following easements, acquired by the Federal Government for the Red Rock Dam Project, to the City to become part of the Flood Protection Project in accordance with subsection (a):

(A)

Easements identified as Tracts 3215E–1, 3235E, and 3227E.

(B)

Easements identified as Partial Tracts 3216E–2, 3216E–3, 3217E–1, and 3217E–2.

(2)

Additional conveyances authorized.— After execution of a new or amended agreement pursuant to subsection (a) and conveyance of the easements under paragraph (1), the Secretary is authorized to convey the following easements, by quitclaim deed, without consideration, acquired by the Federal Government for the Red Rock Dam project, to the City or to the Des Moines Metropolitan Wastewater Reclamation Authority and no longer required for the Red Rock Dam Project or for the Des Moines Local Flood Protection Project:

(A)

Easements identified as Tracts 3200E, 3202E–1, 3202E–2, 3202E–4, 3203E–2, 3215E–3, 3216E–1, and 3216E–5.

(B)

Easements identified as Partial Tracts 3216E–2, 3216E–3, 3217E–1, and 3217E–2.

(3)

Easement disposal process and fees.— All real property interests conveyed under this subsection shall be subject to the standard release of easement disposal process. All administrative fees associated with the transfer of the subject easements to the City or to the Des Moines Metropolitan Wastewater Reclamation Authority will be borne by the transferee.

SEC. 8339. City of El Dorado, Kansas.

(a)

In General.— The Secretary shall amend the contract described in subsection (b) between the United States and the City of El Dorado, Kansas, relating to storage space for water supply, to change the method of calculation of the interest charges that began accruing on June 30, 1991, on the investment costs for the 72,087 acre-feet of future use storage space, from compounding interest annually to charging simple interest annually on the principal amount, until—

(1)

the City of El Dorado informs the Secretary of the desire to convert the future use storage space to present use; and

(2)

the principal amount plus the accumulated interest becomes payable pursuant to the terms of the contract.

(b)

Contract Described.— The contract referred to in subsection (a) is the contract between the United States and the City of El Dorado, Kansas, for the use by the City of El Dorado of storage space for water supply in El Dorado Lake, Kansas, entered into on June 30, 1972, and titled Contract DACW56–72–C–0220.

SEC. 8340. Algiers Canal Levees, Louisiana.

(a)

In General.— In accordance with section 328 of the Water Resources Development Act of 1999 (113 Stat. 304; 121 Stat. 1129), the Secretary shall resume operation, maintenance, repair, rehabilitation, and replacement of the Algiers Canal Levees, Louisiana, at full Federal expense.

(b)

Technical Amendment.— Section 328(c) of the Water Resources Development Act of 1999 (113 Stat. 304; 121 Stat. 1129) is amended by inserting “ described in subsection (b)” after “ the project”.

SEC. 8341. Mississippi River Gulf Outlet, Louisiana.

The Federal share of the cost of the project for ecosystem restoration, Mississippi River Gulf Outlet, Louisiana, authorized by section 7013(a)(4) of the Water Resources Development Act of 2007 (121 Stat. 1281), shall be 100 percent.

SEC. 8342. Camp Ellis, Saco, Maine.

(a)

In General.— The project being carried out under section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i) for the mitigation of shore damages attributable to the project for navigation, Camp Ellis, Saco, Maine, is modified as follows:

(1)

The maximum amount of Federal funds that may be expended for the project shall be $45,000,000.

(2)

The project may include Federal participation in periodic nourishment.

(3)

For purposes of subsection (b) of section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i(b)), the Secretary shall determine that the navigation works to which the shore damages are attributable were constructed at Federal expense.

(b)

Conforming Amendment.— Section 3085 of the Water Resources Development Act of 2007 (121 Stat. 1129), and the item relating to such section in the table of contents for such Act, are repealed.

SEC. 8343. Lower Mississippi River Comprehensive Management Study.

Section 213 of the Water Resources Development Act of 2020 (134 Stat. 2684) is amended by adding at the end the following:

“(j) Cost Share.—The Federal share of the cost of the comprehensive study carried out under subsection (a), and any feasibility study carried out under subsection (e), shall be 100 percent.”

SEC. 8344. Upper Mississippi River Protection.

Section 2010 of the Water Resources Reform and Development Act of 2014 (128 Stat. 1270; 132 Stat. 3812) is amended by adding at the end the following:

“(f) Limitation.—The Secretary shall not recommend deauthorization of the Upper St. Anthony Falls Lock and Dam pursuant to the disposition study carried out under subsection (d) unless the Secretary identifies a willing and capable non-Federal public entity to assume ownership of the Upper St. Anthony Falls Lock and Dam.

“(g) Modification.—The Secretary is authorized to investigate the feasibility of modifying, prior to deauthorizing, the Upper St. Anthony Falls Lock and Dam to add ecosystem restoration, including the prevention and control of invasive species, water supply, and recreation as authorized purposes.”

SEC. 8345. Upper Mississippi River Restoration Program.

Section 1103(e)(3) of the Water Resources Development Act of 1986 (33 U.S.C. 652(e)(3)) is amended by striking “ $40,000,000” and inserting “ $75,000,000”.

SEC. 8346. Water Level Management on the Upper Mississippi River and Illinois Waterway.

(a)

In General.— As part of the operation and maintenance of the navigation channel projects on the Upper Mississippi River, including all projects authorized for navigation of the Mississippi River from the mouth of the Missouri River to Minneapolis, authorized by the first section of the Act of July 3, 1930 (chapter 847, 46 Stat. 927; 49 Stat. 1034; 50 Stat. 848; 59 Stat. 19; 72 Stat. 298; 92 Stat. 1695; 95 Stat. 1634; 100 Stat. 4208; 100 Stat. 4213; 100 Stat. 4228; 102 Stat. 4027; 104 Stat. 4613; 106 Stat. 4806; 106 Stat. 4811; 110 Stat. 3716; 121 Stat. 1283; 128 Stat. 1270; 132 Stat. 3812; 134 Stat. 2704), and as part of the operation and maintenance of the navigation channel projects on the Illinois River, Illinois (also called the Illinois Waterway), authorized by the first section of the Act of January 21, 1927 (chapter 47, 44 Stat. 1013; 46 Stat. 929; 49 Stat. 1035; 49 Stat. 1036; 52 Stat. 805; 59 Stat. 19; 60 Stat. 636; 72 Stat. 302; 82 Stat. 735; 100 Stat. 4208; 106 Stat. 4806; 121 Stat. 1283; 128 Stat. 1351), the Secretary is authorized to and shall carry out water level management activities to help redress the degrading influences of prolonged inundation or sedimentation from such projects, and to improve the quality and quantity of habitat available for fish and wildlife.

(b)

Conditions on Drawdowns.— In carrying out subsection (a), the Secretary shall carry out routine and systemic water level drawdowns of the pools created by the locks and dams of the projects described in subsection (a), including drawdowns during the growing season, when—

(1)

hydrologic conditions allow the Secretary to carry out a drawdown within applicable dam operating plans; or

(2)

hydrologic conditions allow the Secretary to carry out a drawdown and sufficient funds are available to the Secretary to carry out any additional activities that may be required to ensure that the drawdown does not adversely affect navigation.

(c)

Coordination and Notification.—

(1)

Coordination.— The Secretary shall use existing coordination and consultation processes to regularly coordinate and consult with other relevant Federal agencies and States regarding the planning and assessment of water level management actions implemented under this section.

(2)

Notification and opportunity for comment.— Prior to carrying out any activity under this section, the Secretary shall provide to the public and to navigation interests and other interested stakeholders notice and an opportunity for comment on such activity.

(d)

Report.— Not later than December 31, 2028, the Secretary shall make publicly available (including on a publicly available website) 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 that describes any activity carried out under this section and the effects of such activity.

SEC. 8347. Mississippi Delta Headwaters, Mississippi.

As part of the authority of the Secretary to carry out the project for flood damage reduction, bank stabilization, and sediment and erosion control, Yazoo Basin, Mississippi Delta Headwaters, Mississippi, authorized pursuant to the matter under the heading “enhancement of water resource benefits and for emergency disaster work” in title I of Public Law 98–8 (97 Stat. 22), the Secretary may carry out emergency maintenance activities, as the Secretary determines to be necessary, for features of the project completed before the date of enactment of this Act.

SEC. 8348. Sense of Congress Relating to Okatibbee Lake, Mississippi.

It is the sense of Congress that—

(1)

there is significant shoreline sloughing and erosion at the Okatibbee Lake portion of the project for flood protection, Chunky Creek, Chickasawhay and Pascagoula Rivers, Mississippi, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1183), which has the potential to impact infrastructure, damage property, and put lives at risk; and

(2)

addressing shoreline sloughing and erosion at a project of the Secretary, including at a location leased by non-Federal entities such as Okatibbee Lake, is an activity that is eligible to be carried out by the Secretary as part of the operation and maintenance of such project.

SEC. 8349. Argentine, East Bottoms, Fairfax-Jersey Creek, and North Kansas Levees Units, Missouri River and Tributaries at Kansas Cities, Missouri and Kansas.

(a)

In General.— The project for flood control, Kansas Citys on Missouri and Kansas Rivers in Missouri and Kansas, authorized by section 5 of the Act of June 22, 1936 Flood Control Act of 1936 (chapter 688, 49 Stat. 1588; 58 Stat. 897; 121 Stat. 1054) is modified to direct the Secretary to—

(1)

construct access manholes, or other features, in the Fairfax portion of such project to allow for regular inspection of project features if the Secretary determines that such work is—

(A)

not required as a result of improper operation and maintenance of the project by the nonFederal interest; and

(B)

technically feasible and environmentally acceptable; and

(2)

plan, design, and carry out the construction described in paragraph (1) as a continuation of the construction of such project.

(b)

Cost Sharing.— The Federal share of the cost of planning, design, and construction of access manholes or other features under this section shall be 90 percent.

SEC. 8350. Lower Missouri River Streambank Erosion Control Evaluation and Demonstration Projects.

(a)

In General.— The Secretary is authorized to carry out streambank erosion control evaluation and demonstration projects in the Lower Missouri River through contracts with non-Federal interests, including projects for streambank protection and stabilization.

(b)

Area.— The Secretary shall carry out demonstration projects under this section on the reach of the Missouri River between Sioux City, Iowa, and the confluence of the Missouri River and the Mississippi River.

(c)

Requirements.— In carrying out subsection (a), the Secretary shall—

(1)

conduct an evaluation of the extent of streambank erosion on the Lower Missouri River; and

(2)

develop new methods and techniques for streambank protection, research soil stability, and identify the causes of erosion.

(d)

Report.— 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 describing the results of the demonstration projects carried out under this section, including any recommendations for methods to prevent and correct streambank erosion.

(e)

Authorization of Appropriations.— There is authorized to be appropriated to carry out this section $15,000,000, to remain available until expended.

(f)

Sunset.— The authority of the Secretary to enter into contracts under subsection (a) shall expire on the date that is 5 years after the date of enactment of this Act.

SEC. 8351. Missouri River Interception-Rearing Complexes.

(a)

In General.— Notwithstanding section 129 of the Water Resources Development Act of 2020 (134 Stat. 2643), and subject to subsection (b), the Secretary is authorized to carry out the construction of an interception-rearing complex at each of Plowboy Bend A (River Mile: 174.5 to 173.2) and Pelican Bend B (River Mile: 15.8 to 13.4) on the Missouri River.

(b)

Analysis and Mitigation of Risk.—

(1)

Analysis.— Prior to construction of the interception-rearing complexes under subsection (a), the Secretary shall perform an analysis to identify whether the interception-rearing complexes will—

(A)

contribute to an increased risk of flooding to adjacent lands and properties, including local levees;

(B)

affect the navigation channel, including crossflows, velocity, channel depth, and channel width;

(C)

affect the harvesting of sand;

(D)

affect ports and harbors; or

(E)

contribute to bank erosion on adjacent private lands.

(2)

Mitigation.— The Secretary may not construct an interception-rearing complex under subsection (a) until the Secretary successfully mitigates any effects described in paragraph (1) with respect to such interception-rearing complex.

(c)

Report.— Not later than 1 year after completion of the construction of the interception-rearing complexes under subsection (a), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing the extent to which the construction of such interception-rearing complexes affected the population recovery of pallid sturgeon in the Missouri River.

(d)

Conforming Amendment.— Section 129(b) of the Water Resources Development Act of 2020 (134 Stat. 2643) is amended by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively, and inserting after paragraph (1) the following:

“(2) submits the report required by section 318(c) of the Water Resources Development Act of 2022;”

SEC. 8352. Missouri River Mitigation Project, Missouri, Kansas, Iowa, and Nebraska.

(a)

Use of Other Funds.—

(1)

In general.— Section 334 of the Water Resources Development Act of 1999 (113 Stat. 306) is amended by adding at the end the following:

“(c) Use of Other Funds.—

“(1) In general.—The Secretary shall consult with other Federal agencies to determine if lands or interests in lands acquired by such other Federal agencies—

“(A) meet the purposes of the Missouri River Mitigation Project, Missouri, Kansas, Iowa, and Nebraska, authorized by section 601(a) of the Water Resources Development Act of 1986 (100 Stat. 4143; 113 Stat. 306; 121 Stat. 1155); and

“(B) whether such lands are restricted by such other Federal agencies from being applied toward the total number of acres required under subsection (a).

“(2) Application of lands.—Upon making a determination under paragraph (1) that lands or interests in lands acquired by a Federal agency meet the purposes of the project described in paragraph (1)(A) and that such lands are not otherwise restricted, the Secretary shall apply the lands or interests in lands acquired toward the total number of acres required under subsection (a), regardless of the source of the Federal funds used to acquire such lands or interests in lands.

“(3) Savings provision.—Nothing in this subsection authorizes any transfer of administrative jurisdiction over any lands or interests in lands acquired by a Federal agency that are applied toward the total number of acres required under subsection (a) pursuant to this subsection.”

(2)

Report required.—

(A)

In general.— Not later than 180 days after the 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 identifying the lands or interests in lands acquired with Federal funds that the Secretary determines, pursuant to section 344(c)(1) of the Water Resources Development Act of 1999, meet the purposes of the Missouri River Mitigation Project, Missouri, Kansas, Iowa, and Nebraska, authorized by section 601(a) of the Water Resources Development Act of 1986 (100 Stat. 4143; 113 Stat. 306; 121 Stat. 1155).

(B)

Contents.— The Secretary shall include in the report submitted under subparagraph (A) a justification for any lands or interests in lands acquired with Federal funding that the Secretary determines will not be applied toward the total number of acres required under section 334(a) of the Water Resources Development Act of 1999 (113 Stat. 306).

(b)

Flood Risk Management Benefits.— The project for mitigation of fish and wildlife losses, Missouri River Bank Stabilization and Navigation Project, Missouri, Kansas, Iowa, and Nebraska, authorized by section 601(a) of the Water Resources Development Act of 1986 (100 Stat. 4143; 113 Stat. 306; 121 Stat. 1155), is modified to authorize the Secretary to consider incidental flood risk management benefits when acquiring land for the project.

SEC. 8353. Northern Missouri.

(a)

Establishment of Program.— The Secretary may establish a program to provide environmental assistance to non-Federal interests in northern Missouri.

(b)

Form of Assistance.— Assistance provided under this section may be in the form of design and construction assistance for water-related environmental infrastructure and resource protection and development projects in northern Missouri, including projects for wastewater treatment and related facilities, water supply and related facilities, environmental restoration, and surface water resource protection and development.

(c)

Ownership Requirement.— The Secretary may provide assistance for a project under this section only if the project is publicly owned.

(d)

Partnership Agreements.—

(1)

(2)

Requirements.— Each partnership agreement for a project entered into under this subsection shall provide for the following:

(A)

(B)

Establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation of the project by the non-Federal interest.

(3)

Cost sharing.—

(A)

In general.— The Federal share of the cost of a project carried out under this section—

(i)

shall be 75 percent; and

(ii)

may be provided in the form of grants or reimbursements of project costs.

(B)

Credit for interest.— In case of a delay in the funding of the Federal share of a project that is the subject of a partnership agreement under this section, the non- Federal interest shall receive credit for reasonable interest incurred in providing the non-Federal share of the project cost.

(C)

Credit for land, easements, and rights-of-way.— Notwithstanding section 221(a)(4)(G) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)(G)), the non-Federal interest shall receive credit for land, easements, rights-of-way, and relocations toward the non-Federal share of project cost (including all reasonable costs associated with obtaining permits necessary for the construction, operation, and maintenance of the project on publicly owned or controlled land), but such credit may not exceed 25 percent of total project costs.

(D)

Operation and maintenance.— The non-Federal share of operation and maintenance costs for projects constructed with assistance provided under this section shall be 100 percent.

(e)

Authorization of Appropriations.—

(1)

In general.— There is authorized to be appropriated $50,000,000 to carry out this section.

(2)

(f)

Northern Missouri Defined.— In this section, the term “northern Missouri” means the counties of Buchanan, Marion, Platte, and Clay, Missouri.

SEC. 8354. Israel River, Lancaster, New Hampshire.

The project for flood control, Israel River, Lancaster, New Hampshire, carried out under section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s), is no longer authorized beginning on the date of enactment of this Act.

SEC. 8355. Middle Rio Grande Flood Protection, Bernalillo to Belen, New Mexico.

The non-Federal share of the cost of the project for flood risk management, Middle Rio Grande, Bernalillo to Belen, New Mexico, authorized by section 401(2) of the Water Resources Development Act of 2020 (134 Stat. 2735), shall be 25 percent.

SEC. 8356. Ecosystem Restoration, Hudson–raritan Estuary, New York and New Jersey.

(a)

In General.— The Secretary may carry out additional feasibility studies for the project ecosystem restoration, Hudson–Raritan Estuary, New York and New Jersey, authorized by section 401(5) of the Water Resources Development Act of 2020 (134 Stat. 2739), including an examination of measures and alternatives at Baisley Pond Park and the Richmond Terrace Wetlands.

(b)

Treatment.— A feasibility study carried out under subsection (a) shall be considered a continuation of the study that formulated the project for ecosystem restoration, Hudson–Raritan Estuary, New York and New Jersey, authorized by section 401(5) of the Water Resources Development Act of 2020 (134 Stat. 2740).

SEC. 8357. Arkansas River Corridor, Oklahoma.

Section 3132 of the Water Resources Development Act of 2007 (121 Stat. 1141) is amended by striking subsection (b) and inserting the following:

“(b) Authorized Cost.—The Secretary is authorized to carry out construction of projects under this section at a total cost of $128,400,000, with the cost shared in accordance with section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213).

“(c) Additional Feasibility Studies Authorized.—

“(1) In general.—The Secretary is authorized to carry out feasibility studies for purposes of recommending to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives additional projects under this section.

“(2) Treatment.—An additional feasibility study carried out under this subsection shall be considered a continuation of the feasibility study that formulated any project carried out under subsection (a).”

SEC. 8358. Copan Lake, Oklahoma.

(a)

In General.— The Secretary shall amend the contract described in subsection (c) between the United States and the Copan Public Works Authority, relating to the use of storage space for water supply in Copan Lake, Oklahoma, to—

(1)

release to the United States all rights of the Copan Public Works Authority to utilize 4,750 acre-feet of future use water storage space; and

(2)

relieve the Copan Public Works Authority from all financial obligations, to include the initial project investment costs and the accumulated interest on unpaid project investment costs, for the volume of water storage space described in paragraph (1).

(b)

Requirement.— During the 2-year period beginning on the effective date of the contract amendment under subsection (a), the Secretary shall—

(1)

provide the City of Bartlesville, Oklahoma, with the right of first refusal to contract for the utilization of storage space for water supply for any portion of the storage space that was released by the Authority under subsection (a); and

(2)

ensure that the City of Bartlesville, Oklahoma, shall not pay more than 110 percent of the initial project investment cost per acre-foot of storage for the acre-feet of storage space sought under an agreement under paragraph (1).

(c)

Contract Described.— The contract referred to in subsection (a) is the contract between the United States and the Copan Public Works Authority for the use of storage space for water supply in Copan Lake, Oklahoma, entered into on June 22, 1981, and titled Contract DACW56–81–C–0114.

SEC. 8359. Southwestern Oregon.

(a)

Establishment of Program.— The Secretary may establish a program to provide environmental assistance to non-Federal interests in southwestern Oregon.

(b)

Form of Assistance.— Assistance provided under this section may be in the form of design and construction assistance for water-related environmental infrastructure and resource protection and development projects in southwestern Oregon, including projects for wastewater treatment and related facilities, water supply and related facilities, environmental restoration, and surface water resource protection and development.

(c)

Ownership Requirement.— The Secretary may provide assistance for a project under this section only if the project is publicly owned.

(d)

Partnership Agreements.—

(1)

(2)

Requirements.— Each partnership agreement for a project entered into under this subsection shall provide for the following:

(A)

(B)

Establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation of the project by the non-Federal interest.

(3)

Cost sharing.—

(A)

In general.— The Federal share of the cost of a project carried out under this section—

(i)

shall be 75 percent; and

(ii)

may be provided in the form of grants or reimbursements of project costs.

(B)

Credit for interest.— In case of a delay in the funding of the Federal share of a project that is the subject of a partnership agreement under this section, the non-Federal interest shall receive credit for reasonable interest incurred in providing the non-Federal share of the project cost.

(C)

Credit for land, easements, and rights-of-way.— Notwithstanding section 221(a)(4)(G) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)(G)), the non-Federal interest shall receive credit for land, easements, rights-of-way, and relocations toward the non-Federal share of project cost (including all reasonable costs associated with obtaining permits necessary for the construction, operation, and maintenance of the project on publicly owned or controlled land), but such credit may not exceed 25 percent of total project costs.

(D)

Operation and maintenance.— The non-Federal share of operation and maintenance costs for projects constructed with assistance provided under this section shall be 100 percent.

(e)

Authorization of Appropriations.—

(1)

In general.— There is authorized to be appropriated $50,000,000 to carry out this section.

(2)

Corps of engineers expense.— Not more than 10 percent of the amounts made available to carry out this section may be used by the Corps of Engineers district offices to administer projects under this section at Federal expense.

(f)

Southwestern Oregon Defined.— In this section, the term “southwestern Oregon” means the counties of Benton, Coos, Curry, Douglas, Lane, Linn, and Josephine, Oregon.

SEC. 8360. Yaquina River, Oregon.

The Secretary shall not require the non-Federal interest for the project for navigation, Yaquina River, Oregon, authorized by the first section of the Act of March 4, 1913 (chapter 144, 37 Stat. 819), to—

(1)

provide a floating plant to the United States for use in maintaining the project; or

(2)

provide funds in an amount determined by the Secretary to be equivalent to the value of the floating plant as a non-Federal contribution to the cost of maintaining the project.

SEC. 8361. Lower Blackstone River, Rhode Island.

The project being carried out under section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330) for ecosystem restoration, Lower Blackstone River, Rhode Island, is modified as follows:

(1)

The maximum amount of Federal funds that may be expended for the project shall be $15,000,000.

(2)

If the Secretary includes in the project a measure on Federal land under the jurisdiction of another Federal agency, the Secretary may enter into an agreement with such agency that grants permission for the Secretary to—

(A)

construct the measure on the land under the jurisdiction of such agency; and

(B)

operate and maintain the measure using funds provided to the Secretary by the non-Federal interest for the project.

(3)

If the Secretary includes in the project a measure for fish passage at a dam licensed for hydropower, the Secretary shall include in the project costs all costs for such measure, except that those costs that are in excess of the costs to provide fish passage at the dam if hydropower improvements were not in place shall be at 100 percent non-Federal expense.

SEC. 8362. Charleston Harbor, South Carolina.

The Secretary shall reimburse the non-Federal interest for project for navigation, Charleston Harbor, South Carolina, authorized by section 1401(1) of the Water Resources Development Act of 2016 (130 Stat. 1708), for advanced funds provided by the non-Federal interest for construction of the project that exceed the non-Federal share of the cost of construction of the project as soon as practicable after the completion of each individual contract for the project.

SEC. 8363. Colleton County, South Carolina.

Notwithstanding subparagraph (C)(i) of section 221(a)(4) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)), the non-Federal interest for the project for hurricane and storm damage risk reduction, Colleton County, South Carolina, authorized by section 1401(3) of the Water Resources Development Act of 2016 (130 Stat. 1711), may receive credit under subparagraph (A) of such section 221(a)(4) for the cost of construction carried out before the date of enactment of this Act.

SEC. 8364. Ensley Levee, Tennessee.

(a)

In General.— Section 353(b)(1) of the Water Resources Development Act of 2020 (134 Stat. 2721) is amended by striking “ and Nonconnah Creek” and inserting “ , Nonconnah Creek, and Ensley”.

(b)

Resumption of Maintenance.— The Secretary shall resume operation and maintenance of Ensley levee system portion of the project described in the modification made by subsection (a) pursuant to the requirements of section 353(b)(1) of the Water Resources Development Act of 2020 (134 Stat. 2721).

SEC. 8365. Wolf River Harbor, Tennessee.

Beginning on the date of enactment of this Act, the project for navigation, Wolf River Harbor, Tennessee, authorized by section 202 of the National Industrial Recovery Act (48 Stat. 201; 49 Stat. 1034; 72 Stat. 308), is modified to reduce, in part, the authorized dimensions of the project, such that the remaining authorized dimensions are as follows:

(1)

A 250-foot-wide, 9-foot-depth channel with a center line beginning at an approximate point of 35.139634, -90.062343 and extending approximately 1,300 feet to an approximate point of 35.142077, -90.059107.

(2)

A 200-foot-wide, 9-foot-depth channel with a center line beginning at an approximate point of 35.142077, -90.059107 and extending approximately 1,800 feet to an approximate point of 35.1467861, -90.057003.

(3)

A 250-foot-wide, 9-foot-depth channel with a center line beginning at an approximate point of 35.1467861, -90.057003 and extending approximately 5,550 feet to an approximate point of 35.160848, -90.050566.

SEC. 8366. Addicks and Barker Reservoirs, Texas.

The Secretary is authorized to provide, pursuant to section 206 of the Flood Control Act of 1960 (33 U.S.C. 709a), information and advice to non-Federal interests on the removal of sediment obstructing inflow channels to the Addicks and Barker Reservoirs, authorized pursuant to the project for Buffalo Bayou and its tributaries, Texas, under section 3a of the Act of August 11, 1939 (chapter 699, 53 Stat. 1414; 68 Stat. 1258).

SEC. 8367. North Padre Island, Corpus Christi Bay, Texas.

The project for ecosystem restoration, North Padre Island, Corpus Christi Bay, Texas, authorized under section 556 of the Water Resources Development Act of 1999 (113 Stat. 353), shall not be eligible for repair and restoration assistance under section 5(a) of the Act of August 18, 1941 (33 U.S.C. 701n(a)).

SEC. 8368. Nueces County, Texas.

(a)

In General.— Upon receipt of a written request from the owner of land subject to a covered easement, the Secretary shall, without consideration, release or otherwise convey the covered easement to the holder of such easement, if the Secretary determines that the covered easement is no longer required for purposes of navigation.

(b)

Survey To Obtain Legal Description.— The exact acreage and legal description of any covered easements to be released or otherwise conveyed under this section shall be determined by a survey that is satisfactory to the Secretary.

(c)

Costs.— An entity to which a release or 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 release or conveyance.

(d)

Additional Terms and Conditions.— The Secretary may require that the release or conveyance of a covered easement under this section be subject to such additional terms and conditions as the Secretary determines necessary and appropriate to protect the interests of the United States.

(e)

Definition of Covered Easement.— In this subsection, the term “covered easement” means an easement held by the United States for purposes of navigation in Nueces County, Texas.

SEC. 8369. Lake Champlain Canal, Vermont and New York.

Section 5146 of the Water Resources Development Act of 2007 (121 Stat. 1255) is amended by adding at the end the following:

“(c) Clarifications.—

“(1) In general.—At the request of the non-Federal interest for the study of the Lake Champlain Canal Aquatic Invasive Species Barrier carried out under section 542 of the Water Resources Development Act of 2000 (114 Stat. 2671; 121 Stat. 1150; 134 Stat. 2652), the Secretary shall scope the phase II portion of such study to satisfy the feasibility determination under subsection (a).

“(2) Dispersal barrier.—A dispersal barrier constructed, maintained, or operated under this section may include—

“(A) physical hydrologic separation;

“(B) nonstructural measures;

“(C) deployment of technologies; and

“(D) buffer zones.”

SEC. 8370. Rehabilitation of Corps of Engineers Constructed Dams.

Section 1177 of the Water Resources Development Act of 2016 (33 U.S.C. 467f–2 note) is amended by adding at the end the following:

“(g) Special Rule.—Notwithstanding subsection (c), the non-Federal share of the cost of the project for rehabilitation of Waterbury Dam, Washington County, Vermont, under this section, including the cost of any required study, shall be the same share assigned to the non-Federal interest for the cost of initial construction of the Waterbury Dam.”

SEC. 8371. Puget Sound Nearshore Ecosystem Restoration, Washington.

In carrying out the project for ecosystem restoration, Puget Sound, Washington, authorized by section 1401(4) of the Water Resources Development Act of 2016 (130 Stat. 1713), the Secretary shall consider the removal and replacement of the Highway 101 causeway and bridges at the Duckabush River Estuary site to be a project feature the costs of which are shared as construction.

SEC. 8372. Lower Mud River, Milton, West Virginia.

(a)

In General.— The Federal share of the cost of the project for flood control, Milton, West Virginia, authorized by section 580 of the Water Resources Development Act of 1996 (110 Stat. 3790; 114 Stat. 2612; 121 Stat. 1154), shall be 90 percent.

(b)

Land, Easements, and Rights-of-Way.— For the project described in subsection (a), the Secretary shall include in the cost of the project, and credit toward the non-Federal share of that cost, the value of land, easements, and rights-of-way provided by the non-Federal interest for the project, including the value of land, easements, and rights-of-way required for the project that are owned or held by the non-Federal interest or other non-Federal public body.

(c)

Additional Eligibility.— Unless otherwise explicitly prohibited in an Act making appropriations for the Corps of Engineers, the project described in subsection (a) shall be eligible for additional funding appropriated and deposited into the “corps of engineers—civil—construction” account—

(1)

without a new investment decision; and

(2)

on the same terms as a project that is not the project described in subsection (a).

SEC. 8373. Northern West Virginia.

(a)

In General.— Section 571 of the Water Resources Development Act of 1999 (113 Stat. 371; 121 Stat. 1257; 134 Stat. 2719) is amended—

(1)

in the section heading, by striking “ central” and inserting “ northern”;

(2)

by striking subsection (a) and inserting the following:

“(a) Definition of Northern West Virginia.—In this section, the term ‘northern West Virginia’ means the counties of Barbour, Berkeley, Brooke, Doddridge, Grant, Hampshire, Hancock, Hardy, Harrison, Jefferson, Lewis, Marion, Marshall, Mineral, Morgan, Monongalia, Ohio, Pleasants, Preston, Randolph, Ritchie, Taylor, Tucker, Tyler, Upshur, Wetzel, and Wood, West Virginia.”

(3)

in subsection (b), by striking “ central” and inserting “ northern”;

(4)

in subsection (c), by striking “ central” and inserting “ northern”; and

(5)

in subsection (h), by striking “ $100,000,000” and inserting “ $120,000,000”.

(b)

Clerical Amendment.— The table of contents in section 1(b) of the Water Resources Development Act of 1999 (113 Stat. 269) is amended by striking the item relating to section 571 and inserting the following:

“Sec. 571. Northern West Virginia.”.

SEC. 8374. Southern West Virginia.

(a)

In General.— Section 340 of the Water Resources Development Act of 1992 (106 Stat. 4856) is amended—

(1)

in the section heading, by striking “ environmental restoration infrastructure and resource protection development pilot program”;

(2)

by striking subsection (f) and inserting the following:

“(f) Definition of Southern West Virginia.—In this section, the term ‘southern West Virginia’ means the counties of Boone, Braxton, Cabell, Calhoun, Clay, Fayette, Gilmer, Greenbrier, Jackson, Kanawha, Lincoln, Logan, Mason, McDowell, Mercer, Mingo, Monroe, Nicholas, Pendleton, Pocahontas, Putnam, Raleigh, Roane, Summers, Wayne, Webster, Wirt, and Wyoming, West Virginia.”

; and

(3)

in subsection (g), by striking “ $120,000,000” and inserting “ $140,000,000”.

(b)

Clerical Amendment.— The table of contents in section 1(b) of the Water Resources Development Act of 1992 (106 Stat. 4797) is amended by striking the item relating to section 340 and inserting the following:

“Sec. 340. Southern West Virginia.”.

SEC. 8375. Environmental Infrastructure.

(a)

New Projects.— Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 121 Stat. 1258) is amended by adding at the end the following:

“(274) Alabama.—$50,000,000 for water, wastewater, and other environmental infrastructure in Alabama.

“(275) Chandler, arizona.—$18,750,000 for water and wastewater infrastructure in the city of Chandler, Arizona.

“(276) Pinal county, arizona.—$40,000,000 for water and wastewater infrastructure in Pinal County, Arizona.

“(277) Tempe, arizona.—$37,500,000 for water and wastewater infrastructure, including water reclamation and groundwater recharge, for the City of Tempe, Arizona.

“(278) Alameda county, california.—$20,000,000 for environmental infrastructure, in Alameda County, California.

“(279) Bell gardens, california.—$12,500,000 for water and wastewater infrastructure, including water recycling and water supply, in the city of Bell Gardens, California.

“(280) Calimesa, california.—$3,500,000 for stormwater management and water supply infrastructure, including groundwater recharge and water recycling, in the city of Calimesa, California.

“(281) Compton creek, california.—$6,165,000 for stormwater management infrastructure in the vicinity of Compton Creek, city of Compton, California.

“(282) Downey, california.—$100,000,000 for water infrastructure, including water supply, in the city of Downey, California.

“(283) East county, san diego county, california.—$70,000,000 for water and wastewater infrastructure, including water recycling and water supply, in East County, San Diego County, California.

“(284) Eastern los angeles county, california.—$25,000,000 for the planning, design, and construction of water and wastewater infrastructure, including water recycling and water supply, for the cities of Azusa, Baldwin Park, Covina, Duarte, El Monte, Glendora, Industry, Irwindale, La Puente, La Verne, Monrovia, San Dimas, and West Covina, and for Avocado Heights, Bassett, and Valinda, California.

“(285) Escondido creek, california.—$34,000,000 for water and wastewater infrastructure, including stormwater management, in the vicinity of Escondido Creek, city of Escondido, California.

“(286) Fontana, california.—$16,000,000 for stormwater management infrastructure in the city of Fontana, California.

“(287) Healdsburg, california.—$23,500,000 for water and wastewater infrastructure, including water recycling and water supply, in the city of Healdsburg, California.

“(288) Inland empire, california.—$60,000,000 for water and wastewater infrastructure, including water supply, in Riverside County and San Bernardino County, California.

“(289) Lomita, california.—$4,716,600 for stormwater management infrastructure in the city of Lomita, California.

“(290) Marin county, california.—$28,000,000 for water and wastewater infrastructure, including water supply, in Marin County, California.

“(291) Maywood, california.—$10,000,000 for wastewater infrastructure in the city of Maywood, California.

“(292) Monterey peninsula, california.—$20,000,000 for water and wastewater infrastructure, and water supply, on the Monterey Peninsula, California.

“(293) North richmond, california.—$45,000,000 for water and wastewater infrastructure, including coastal flooding resilience measures for such infrastructure, in North Richmond, California.

“(294) Ontario, california.—$40,700,000 for water and wastewater infrastructure, including water recycling and water supply, in the city of Ontario, California.

“(295) Paramount, california.—$20,000,000 for water and wastewater infrastructure, including stormwater management, in the city of Paramount, California.

“(296) Petaluma, california.—$13,700,000 for water and wastewater infrastructure, including water recycling, in the city of Petaluma, California.

“(297) Placer county, california.—$21,000,000 for environmental infrastructure, in Placer County, California.

“(298) Rialto, california.—$27,500,000 for wastewater infrastructure in the city of Rialto, California.

“(299) Rincon reservation, california.—$38,000,000 for water and wastewater infrastructure on the Rincon Band of Luiseño Indians reservation, California.

“(300) Sacramento-san joaquin delta, california.—$50,000,000 for water and wastewater infrastructure (including stormwater management), water supply and related facilities, environmental restoration, and surface water protection and development, including flooding resilience measures for such infrastructure, in Contra Costa County, San Joaquin County, Solano County, Sacramento County, and Yolo County, California.

“(301) San joaquin and stanislaus, california.—$200,000,000 for water and wastewater infrastructure, including stormwater management, and water supply, in San Joaquin County and Stanislaus County, California.

“(302) Santa rosa, california.—$19,400,000 for water and wastewater infrastructure, in the city of Santa Rosa California.

“(303) Sierra madre, california.—$20,000,000 for water and wastewater infrastructure, and water supply, including earthquake resilience measures for such infrastructure and water supply, in the city of Sierra Madre, California.

“(304) Smith river, california.—$25,000,000 for wastewater infrastructure in Howonquet Village and Resort and Tolowa Dee-ni’ Nation, Smith River, California.

“(305) South san francisco, california.—$270,000,000 for water and wastewater infrastructure, including stormwater management and water recycling, at the San Francisco International Airport, California.

“(306) Temecula, california.—$18,000,000 for environmental infrastructure, in the city of Temecula, California.

“(307) Torrance, california.—$100,000,000 for water and wastewater infrastructure, including groundwater recharge and water supply, in the city of Torrance, California.

“(308) Western contra costa county, california.—$15,000,000 for wastewater infrastructure in the cities of Pinole, San Pablo, and Richmond, and in El Sobrante, California.

“(309) Yolo county, california.—$6,000,000 for environmental infrastructure, in Yolo County, California.

“(310) Hebron, connecticut.—$3,700,000 for water and wastewater infrastructure in the town of Hebron, Connecticut.

“(311) New london, connecticut.—$16,000,000 for wastewater infrastructure in the town of Bozrah and the City of Norwich, Connecticut.

“(312) Windham, connecticut.—$18,000,000 for water and wastewater infrastructure in the town of Windham, Connecticut.

“(313) Kent, delaware.—$35,000,000 for water and wastewater infrastructure, including stormwater management, water storage and treatment systems, and environmental restoration, in Kent County, Delaware.

“(314) New castle, delaware.—$35,000,000 for water and wastewater infrastructure, including stormwater management, water storage and treatment systems, and environmental restoration, in New Castle County, Delaware.

“(315) Sussex, delaware.—$35,000,000 for water and wastewater infrastructure, including stormwater management, water storage and treatment systems, and environmental restoration, in Sussex County, Delaware.

“(316) Washington, district of columbia.—$1,000,000 for water and wastewater infrastructure, including stormwater management, in Washington, District of Columbia.

“(317) Longboat key, florida.—$12,750,000 for water and wastewater infrastructure in the town of Longboat Key, Florida.

“(318) Martin, st. lucie, and palm beach counties, florida.—$100,000,000 for water and wastewater infrastructure, including stormwater management, to improve water quality in the St. Lucie River, Indian River Lagoon, and Lake Worth Lagoon in Martin County, St. Lucie County, and Palm Beach County, Florida.

“(319) Polk county, florida.—$10,000,000 for wastewater infrastructure, including stormwater management, in Polk County, Florida.

“(320) Okeechobee county, florida.—$20,000,000 for wastewater infrastructure in Okeechobee County, Florida.

“(321) Orange county, florida.—$50,000,000 for water and wastewater infrastructure, including water reclamation and water supply, in Orange County, Florida.

“(322) Georgia.—$75,000,000 for environmental infrastructure in Baldwin County, Bartow County, Floyd County, Haralson County, Jones County, Gilmer County, Towns County, Warren County, Lamar County, Lowndes County, Troup County, Madison County, Toombs County, Dade County, Bulloch County, Gordon County, Walker County, Dooly County, Butts County, Clarke County, Crisp County, Newton County, Bibb County, Baker County, Barrow County, Oglethorpe County, Peach County, Brooks County, Carroll County, Worth County, Jenkins County, Wheeler County, Calhoun County, Randolph County, Wilcox County, Stewart County, Telfair County, Clinch County, Hancock County, Ben Hill County, Jeff Davis County, Chattooga County, Lanier County, Brantley County, Charlton County, Tattnall County, Emanuel County, Mitchell County, Turner County, Bacon County, Terrell County, Macon County, Ware County, Bleckley County, Colquitt County, Washington County, Berrien County, Coffee County, Pulaski County, Cook County, Atkinson County, Candler County, Taliaferro County, Evans County, Johnson County, Irwin County, Dodge County, Jefferson County, Appling County, Taylor County, Wayne County, Clayton County, Decatur County, Schley County, Sumter County, Early County, Webster County, Clay County, Upson County, Long County, Twiggs County, Dougherty County, Quitman County, Meriwether County, Stephens County, Wilkinson County, Murray County, Wilkes County, Elbert County, McDuffie County, Heard County, Marion County, Talbot County, Laurens County, Montgomery County, Echols County, Pierce County, Richmond County, Chattahoochee County, Screven County, Habersham County, Lincoln County, Burke County, Liberty County, Tift County, Polk County, Glascock County, Grady County, Jasper County, Banks County, Franklin County, Whitfield County, Treutlen County, Crawford County, and Hart County, Georgia.

“(323) Guam.—$10,000,000 for water and wastewater infrastructure in Guam.

“(324) State of hawaii.—$75,000,000 for water and wastewater infrastructure (including urban stormwater conveyance), resource protection and development, water supply, environmental restoration, and surface water protection and development, in the State of Hawaii.

“(325) County of hawai‘i, hawaii.—$20,000,000 for water and wastewater infrastructure, including stormwater management, in the County of Hawai‘i, Hawaii.

“(326) Honolulu, hawaii.—$20,000,000 for water and wastewater infrastructure, including stormwater management, in the City and County of Honolulu, Hawaii.

“(327) Kaua‘i, hawaii.—$20,000,000 for water and wastewater infrastructure, including stormwater management, in the County of Kaua‘i, Hawaii.

“(328) Maui, hawaii.—$20,000,000 for water and wastewater infrastructure, including stormwater management, in the County of Maui, Hawaii.

“(329) Dixmoor, illinois.—$15,000,000 for water and water supply infrastructure in the village of Dixmoor, Illinois.

“(330) Forest park, illinois.—$10,000,000 for wastewater infrastructure, including stormwater management, in the village of Forest Park, Illinois.

“(331) Lemont, illinois.—$3,135,000 for water infrastructure in the village of Lemont, Illinois.

“(332) Lockport, illinois.—$6,550,000 for wastewater infrastructure, including stormwater management, in the city of Lockport, Illinois.

“(333) Montgomery and christian counties, illinois.—$30,000,000 for water and wastewater infrastructure, including water supply, in Montgomery County and Christian County, Illinois.

“(334) Will county, illinois.—$30,000,000 for water and wastewater infrastructure, including stormwater management, in Will County, Illinois.

“(335) Orleans parish, louisiana.—$100,000,000 for water and wastewater infrastructure in Orleans Parish, Louisiana.

“(336) Fitchburg, massachusetts.—$20,000,000 for water and wastewater infrastructure, including stormwater management (including combined sewer overflows), in the city of Fitchburg, Massachusetts.

“(337) Haverhill, massachusetts.—$20,000,000 for water and wastewater infrastructure, including stormwater management (including combined sewer overflows), in the city of Haverhill, Massachusetts.

“(338) Lawrence, massachusetts.—$20,000,000 for water and wastewater infrastructure, including stormwater management (including combined sewer overflows), in the city of Lawrence, Massachusetts.

“(339) Lowell, massachusetts.—$20,000,000 for water and wastewater infrastructure, including stormwater management (including combined sewer overflows), in the city of Lowell, Massachusetts.

“(340) Methuen, massachusetts.—$20,000,000 for water and wastewater infrastructure, including stormwater management (including combined sewer overflows), in the city of Methuen, Massachusetts.

“(341) Maryland.—$100,000,000 for water, wastewater, and other environmental infrastructure, Maryland.

“(342) Boonsboro, maryland.—$5,000,000 for water infrastructure, including water supply, in the town of Boonsboro, Maryland.

“(343) Brunswick, maryland.—$15,000,000 for water and wastewater infrastructure in the city of Brunswick, Maryland.

“(344) Cascade charter township, michigan.—$7,200,000 for water and wastewater infrastructure in Cascade Charter Township, Michigan.

“(345) Macomb county, michigan.—$40,000,000 for wastewater infrastructure, including stormwater management, in Macomb County, Michigan.

“(346) Northfield, minnesota.—$33,450,000 for water and wastewater infrastructure in the city of Northfield, Minnesota.

“(347) Centertown, missouri.—$15,900,000 for water and wastewater infrastructure in the village of Centertown, Missouri.

“(348) City of st. louis, missouri.—$45,000,000 for water and wastewater infrastructure in the city of St. Louis, Missouri.

“(349) St. louis county, missouri.—$45,000,000 for water and wastewater infrastructure in St. Louis County, Missouri.

“(350) Clinton, mississippi.—$13,600,000 for environmental infrastructure, including water and wastewater infrastructure (including stormwater management), drainage systems, and water quality enhancement, in the city of Clinton, Mississippi.

“(351) Madison county, mississippi.—$10,000,000 for environmental infrastructure, including water and wastewater infrastructure (including stormwater management), drainage systems, and water quality enhancement, in Madison County, Mississippi.

“(352) Meridian, mississippi.—$10,000,000 for environmental infrastructure, including water and wastewater infrastructure (including stormwater management), drainage systems, and water quality enhancement, in the city of Meridian, Mississippi.

“(353) Oxford, mississippi.—$10,000,000 for environmental infrastructure, including water and wastewater infrastructure (including stormwater management), drainage systems, and water quality enhancement, in the City of Oxford, Mississippi.

“(354) Rankin county, mississippi.—$10,000,000 for environmental infrastructure, including water and wastewater infrastructure (including stormwater management), drainage systems, and water quality enhancement, in Rankin County, Mississippi.

“(355) Manchester, new hampshire.—$20,000,000 for water and wastewater infrastructure, including stormwater management (including combined sewer overflows), in the city of Manchester, New Hampshire.

“(356) Bayonne, new jersey.—$825,000 for wastewater infrastructure, including stormwater management (including combined sewer overflows), in the city of Bayonne, New Jersey.

“(357) Camden, new jersey.—$119,000,000 for wastewater infrastructure, including stormwater management, in the city of Camden, New Jersey.

“(358) Essex and sussex counties, new jersey.—$60,000,000 for water and wastewater infrastructure, including water supply, in Essex County and Sussex County, New Jersey.

“(359) Flemington, new jersey.—$4,500,000 for water and wastewater infrastructure, including water supply, in the Borough of Flemington, New Jersey.

“(360) Jefferson, new jersey.—$90,000,000 for wastewater infrastructure, including stormwater management, in Jefferson Township, New Jersey.

“(361) Kearny, new jersey.—$69,900,000 for wastewater infrastructure, including stormwater management (including combined sewer overflows), in the town of Kearny, New Jersey.

“(362) Long hill, new jersey.—$7,500,000 for wastewater infrastructure, including stormwater management, in Long Hill Township, New Jersey.

“(363) Morris county, new jersey.—$30,000,000 for water and wastewater infrastructure in Morris County, New Jersey.

“(364) Passaic, new jersey.—$1,000,000 for wastewater infrastructure, including stormwater management, in Passaic County, New Jersey.

“(365) Phillipsburg, new jersey.—$2,600,000 for wastewater infrastructure, including stormwater management, in the town of Phillipsburg, New Jersey.

“(366) Rahway, new jersey.—$3,250,000 for water and wastewater infrastructure in the city of Rahway, New Jersey.

“(367) Roselle, new jersey.—$5,000,000 for wastewater infrastructure, including stormwater management, in the Borough of Roselle, New Jersey.

“(368) South orange village, new jersey.—$7,500,000 for water infrastructure, including water supply, in the Township of South Orange Village, New Jersey.

“(369) Summit, new jersey.—$1,000,000 for wastewater infrastructure, including stormwater management, in the city of Summit, New Jersey.

“(370) Warren, new jersey.—$4,550,000 for wastewater infrastructure, including stormwater management, in Warren Township, New Jersey.

“(371) Española, new mexico.—$21,995,000 for water and wastewater infrastructure in the city of Española, New Mexico.

“(372) Farmington, new mexico.—$15,500,000 for water infrastructure, including water supply, in the city of Farmington, New Mexico.

“(373) Mora county, new mexico.—$2,874,000 for wastewater infrastructure in Mora County, New Mexico.

“(374) Santa fe, new mexico.—$20,700,000 for water and wastewater infrastructure, including water reclamation, in the city of Santa Fe, New Mexico.

“(375) Clarkstown, new york.—$14,600,000 for wastewater infrastructure, including stormwater management, in the town of Clarkstown, New York.

“(376) Genesee, new york.—$85,000,000 for water and wastewater infrastructure, including stormwater management and water supply, in Genesee County, New York.

“(377) Queens, new york.—$119,200,000 for water and wastewater infrastructure, including stormwater management (including combined sewer overflows), in Queens, New York.

“(378) Yorktown, new york.—$40,000,000 for wastewater infrastructure, including stormwater management, in the town of Yorktown, New York.

“(379) Brunswick, ohio.—$4,510,000 for wastewater infrastructure, including stormwater management, in the city of Brunswick, Ohio.

“(380) Brookings, oregon.—$2,000,000 for wastewater infrastructure in the City of Brookings and the Port of Brookings Harbor, Oregon.

“(381) Monroe, oregon.—$6,000,000 for water and wastewater infrastructure in the city of Monroe, Oregon.

“(382) Newport, oregon.—$60,000,000 for water and wastewater infrastructure, including water supply and water storage, in the city of Newport, Oregon.

“(383) Lane county, oregon.—$25,000,000 for water and wastewater infrastructure, including water supply and storage, distribution, and treatment systems, in Lane County, Oregon.

“(384) Palmyra, pennsylvania.—$36,300,000 for wastewater infrastructure in Palmyra Township, Pennsylvania.

“(385) Pike county, pennsylvania.—$10,000,000 for water and stormwater management infrastructure, including water supply, in Pike County, Pennsylvania.

“(386) Pittsburgh, pennsylvania.—$20,000,000 for wastewater infrastructure, including stormwater management, in the city of Pittsburgh, Pennsylvania.

“(387) Pocono, pennsylvania.—$22,000,000 for water and wastewater infrastructure in Pocono Township, Pennsylvania.

“(388) Westfall, pennsylvania.—$16,880,000 for wastewater infrastructure in Westfall Township, Pennsylvania.

“(389) Whitehall, pennsylvania.—$6,000,000 for stormwater management infrastructure in Whitehall Township and South Whitehall Township, Pennsylvania.

“(390) Beaufort, south carolina.—$7,462,000 for stormwater management infrastructure in Beaufort County, South Carolina.

“(391) Charleston, south carolina.—$25,583,000 for wastewater infrastructure, including stormwater management, in the city of Charleston, South Carolina.

“(392) Horry county, south carolina.—$19,000,000 for environmental infrastructure, including ocean outfalls, in Horry County, South Carolina.

“(393) Mount pleasant, south carolina.—$7,822,000 for wastewater infrastructure, including stormwater management, in the town of Mount Pleasant, South Carolina.

“(394) Portland, tennessee.—$1,850,000 for water and wastewater infrastructure, including water supply, in the city of Portland, Tennessee.

“(395) Smith county, tennessee.—$19,500,000 for wastewater infrastructure, including stormwater management, in Smith County, Tennessee.

“(396) Trousdale, macon, and sumner counties, tennessee.—$178,000,000 for water and wastewater infrastructure in Trousdale County, Macon County, and Sumner County, Tennessee.

“(397) United states virgin islands.—$1,584,000 for wastewater infrastructure in the United States Virgin Islands.

“(398) Bonney lake, washington.—$3,000,000 for water and wastewater infrastructure in the city of Bonney Lake, Washington.

“(399) Burien, washington.—$5,000,000 for stormwater management infrastructure in the city of Burien, Washington.

“(400) Ellensburg, washington.—$3,000,000 for wastewater infrastructure, including stormwater management, in the city of Ellensburg, Washington.

“(401) North bend, washington.—$30,000,000 for wastewater infrastructure, including stormwater management, in the city of North Bend, Washington.

“(402) Port angeles, washington.—$7,500,000 for wastewater infrastructure, including stormwater management, in the City and Port of Port Angeles, Washington.

“(403) Snohomish county, washington.—$56,000,000 for water and wastewater infrastructure, including water supply, in Snohomish County, Washington.

“(404) Western washington state.—$200,000,000 for water and wastewater infrastructure, including stormwater management, water supply, and conservation, in Chelan County, King County, Kittitas County, Pierce County, Snohomish County, Skagit County, and Whatcom County, Washington.

“(405) Milwaukee, wisconsin.—$4,500,000 for water and wastewater infrastructure, including stormwater management (including combined sewer overflows), and resource protection and development, in the Milwaukee metropolitan area, Wisconsin.”

(b)

Project Modifications.—

(1)

Consistency with reports.— Congress finds that the project modifications described in this subsection 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.

(2)

Modifications.—

(A)

Calaveras county, california.— Section 219(f)(86) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1259) is amended by striking “ $3,000,000” and inserting “ $13,280,000”.

(B)

Sacramento area, california.— Section 219(f)(23) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 117 Stat. 1840; 134 Stat. 2718) is amended by striking “ Suburban”.

(C)

Los angeles county, california.— Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 117 Stat. 1840; 121 Stat. 1259) is amended by striking paragraph (93) and inserting the following:

“(93) Los angeles county, california.—$103,000,000 for water and wastewater infrastructure, including stormwater management, Diamond Bar, La Habra Heights, Dominguez Channel, Santa Clarity Valley, and Rowland Heights, Los Angeles County, California.”

(D)

Boulder county, colorado.— Section 219(f)(109) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 114 Stat. 2763A–220) is amended by striking “ $10,000,000 for water supply infrastructure” and inserting “ $20,000,000 for water and wastewater infrastructure, including stormwater management and water supply”.

(E)

Charlotte county, florida.— Section 219(f)(121) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 121 Stat. 1261) is amended by striking “ $3,000,000 for” and inserting “ $33,000,000 for wastewater and”.

(F)

Miami-dade county, florida.— Section 219(f)(128) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 121 Stat. 1261) is amended by striking “ $6,250,000 for” and inserting “ $190,250,000 for wastewater infrastructure, including”.

(G)

Albany, georgia.— Section 219(f)(130) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 121 Stat. 1261) is amended by striking “ $4,000,000 for a storm drainage system,” and inserting “ $109,000,000 for wastewater infrastructure, including stormwater management (including combined sewer overflows),”.

(H)

Atlanta, georgia.— Section 219(e)(5) of the Water Resources Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 334) is amended by striking “ $25,000,000” and inserting “ $75,000,000”.

(I)

East point, georgia.— Section 219(f)(136) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 121 Stat. 1261) is amended by striking “ $5,000,000 for” and inserting “ $15,000,000 for stormwater management and other”.

(J)

Cook county and lake county, illinois.— Section 219(f)(54) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 114 Stat. 2763A–220) is amended—

(i)

in the paragraph heading, by striking “ Cook county” and inserting “ Cook county and lake county”;

(ii)

by striking “ $35,000,000 for” and inserting “ $100,000,000 for wastewater infrastructure, including stormwater management, and other”; and

(iii)

by inserting “ and Lake County” after “ Cook County”.

(K)

Madison and st. clair counties, illinois.— Section 219(f)(55) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 114 Stat. 2763A–221; 134 Stat. 2718) is amended by striking “ $45,000,000” and inserting “ $100,000,000”.

(L)

Calumet region, indiana.— Section 219(f)(12)(A) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 117 Stat. 1843; 121 Stat. 1225) is amended by striking “ $100,000,000” and inserting “ $125,000,000”.

(M)

Baton rouge, louisiana.— Section 219(f)(21) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 114 Stat. 2763A–220; 121 Stat. 1226) is amended by striking “ $35,000,000” and inserting “ $90,000,000”.

(N)

South central planning and development commission, louisiana.— Section 219(f)(153) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 121 Stat. 1262) is amended by striking “ $2,500,000” and inserting “ $12,500,000”.

(O)

St. charles, st. bernard, plaquemines, st. john the baptist, st. james, and assumption parishes, louisiana.—

(i)

St. charles, st. bernard, and plaquemines parishes, louisiana.— Section 219(c)(33) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 114 Stat. 2763A–219) is amended by striking “ Water and wastewater infrastructure” and inserting “ Water supply and wastewater infrastructure, including stormwater management”.

(ii)

St. john the baptist, st. james, and assumption parishes, louisiana.— Section 219(c)(34) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 114 Stat. 2763A–219) is amended—

(I)

in the paragraph heading, by striking “ baptist and st. james” and inserting “ baptist, st. james, and assumption”; and

(II)

by striking “ Baptist and St. James” and inserting “ Baptist, St. James, and Assumption”.

(iii)

Authorization of appropriations for construction assistance.— Section 219(e) of the Water Resources Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 334; 121 Stat. 1192) is amended—

(I)

by striking the “ and” at the end of paragraph (16);

(II)

by striking the period at the end of paragraph (17) and inserting a semicolon; and

(III)

by adding at the end the following:

“(18) $70,000,000 for the project described in subsection (c)(33); and

“(19) $36,000,000 for the project described in subsection (c)(34).”

(P)

Michigan combined sewer overflows.— Section 219(f)(157) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 121 Stat. 1262) is amended—

(i)

by striking “ $35,000,000 for” and inserting the following:

“(A) In general.—$85,000,000 for”

; and

(ii)

by adding at the end the following:

“(B) Additional projects.—Amounts made available under subparagraph (A) may be used for design and construction projects for water-related environmental infrastructure and resource protection and development projects in Michigan, including for projects for wastewater treatment and related facilities, water supply and related facilities, environmental restoration, and surface water resource protection and development.”

(Q)

Jackson, mississippi.— Section 219(f)(167) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 121 Stat. 1263) is amended by striking “ $25,000,000 for water and wastewater infrastructure” and inserting “ $125,000,000 for water and wastewater infrastructure, including resilience activities for such infrastructure”.

(R)

Allegheny county, pennsylvania.— Section 219(f)(66)(A) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 114 Stat. 2763A–221; 121 Stat. 1240) is amended by striking “ $20,000,000 for” and inserting “ $30,000,000 for wastewater infrastructure, including stormwater management, and other”.

(S)

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; 134 Stat. 2719) is amended by striking “ $110,000,000” and inserting “ $165,000,000”.

(T)

Myrtle beach and vicinity, south carolina.— Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1267) is amended by striking paragraph (250) and inserting the following:

“(250) Myrtle beach and vicinity, south carolina.—$31,000,000 for environmental infrastructure, including ocean outfalls, Myrtle Beach and vicinity, South Carolina.”

(U)

North myrtle beach and vicinity, south carolina.— Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1267) is amended by striking paragraph (251) and inserting the following:

“(251) North myrtle beach and vicinity, south carolina.—$74,000,000 for environmental infrastructure, including ocean outfalls, North Myrtle Beach and vicinity, South Carolina.”

(V)

Eastern shore and southwest virginia.— Section 219(f)(10)(A) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1255) is amended—

(i)

by striking “ $20,000,000” and inserting “ $52,000,000”; and

(ii)

by striking “ Accomac” and inserting “ Accomack”.

(W)

Northern west virginia.— Section 219(f)(272) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) is amended—

(i)

by striking “ $20,000,000 for water and wastewater” and inserting the following:

“(A) In general.—$20,000,000 for water and wastewater”

; and

(ii)

by adding at the end the following:

“(B) Local cooperation agreements.—Notwithstanding subsection (a), at the request of a non-Federal interest for a project or a separable element of a project that receives assistance under this paragraph, the Secretary may enter into an agreement developed in accordance with section 571(e) of the Water Resources Development Act of 1999 (113 Stat. 371) for the project or separable element.”

(3)

Effect on authorization.— Notwithstanding the operation of section 6001(e) of the Water Resources Reform and Development Act of 2014 (as in effect on the day before the date of enactment of the Water Resources Development Act of 2016), any project included on a list published by the Secretary pursuant to such section the authorization for which is amended by this subsection remains authorized to be carried out by the Secretary.

SEC. 8376. Additional Assistance for Critical Projects.

(a)

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.

(b)

Projects.—

(1)

Chesapeake bay.— Section 510 of the Water Resources Development Act of 1996 (110 Stat. 3759; 121 Stat. 1202; 128 Stat. 1317; 134 Stat. 3704) is amended—

(A)

in subsection (a)(2)—

(i)

by inserting “ infrastructure and” before “ resource protection”;

(ii)

in subparagraph (B), by inserting “ and streambanks” after “ shorelines”;

(iii)

by redesignating subparagraphs (E) and (F) as subparagraphs (H) and (I), respectively; and

(iv)

by inserting after subparagraph (D) the following:

“(E) wastewater treatment and related facilities;

“(F) water supply and related facilities;

“(G) stormwater and drainage systems;”

; and

(B)

in subsection (c)(2)(A), by inserting “ facilities or” before “ a resource protection and restoration plan”.

(2)

Florida keys water quality improvements, florida.— Section 109(f) of title I of division B of the Miscellaneous Appropriations Act, 2001 (Public Law 106–554, appendix D, 114 Stat. 2763A–222 (as enacted by section 1(a)(4) of the Consolidated Appropriations Act, 2001 (114 Stat. 2763)); 121 Stat. 1217) is amended by striking “ $100,000,000” and inserting “ $200,000,000”.

(3)

Northeastern minnesota.— Section 569(h) of the Water Resources Development Act of 1999 (113 Stat. 368; 121 Stat. 1232) is amended by striking “ $54,000,000” and inserting “ $80,000,000”.

(4)

Mississippi.— Section 592 of the Water Resources Development Act of 1999 (113 Stat. 379; 117 Stat. 1837; 121 Stat. 1233; 123 Stat. 2851) is amended—

(A)

in subsection (b), by striking “ and surface water resource protection and development” and inserting “ surface water resource protection and development, stormwater management, drainage systems, and water quality enhancement”; and

(B)

in subsection (g), by striking “ $200,000,000” and inserting “ $300,000,000”.

(5)

Lake tahoe basin restoration, nevada and california.— Section 108(g) of division C of the Consolidated Appropriations Act, 2005 (Public Law 108–447; 118 Stat. 2942) is amended by striking “ $25,000,000” and inserting “ $50,000,000”.

(6)

Central new mexico.— Section 593 of the Water Resources Development Act of 1999 (113 Stat. 380; 119 Stat. 2255) is amended—

(A)

in subsection (a), by inserting “ Colfax,” before “ Sandoval”;

(B)

in subsection (c), by inserting “ water reuse,” after “ conservation,”; and

(C)

in subsection (h), by striking “ $50,000,000” and inserting “ $100,000,000”.

(7)

New york city watershed.— Section 552(a)(2) of the Water Resources Development Act of 1996 (110 Stat. 3780) is amended—

(A)

by striking “ design and construction assistance” and inserting “ design, repair, replacement, and construction assistance”; and

(B)

by striking “ treatment, and distribution facilities” and inserting “ treatment, stormwater management, and water distribution facilities”.

(8)

Ohio and north dakota.— Section 594 of the Water Resources Development Act of 1999 (113 Stat. 381; 119 Stat. 2261; 121 Stat. 1140; 121 Stat. 1944) is amended—

(A)

in subsection (h), by striking “ $240,000,000” and inserting “ $250,000,000”; and

(B)

by adding at the end the following:

“(i) Authorization of Additional Appropriations.—In addition to amounts authorized under subsection (h), there is authorized to be appropriated to carry out this section $100,000,000, to be divided between the States referred to in subsection (a).”

(9)

Southeastern pennsylvania.— Section 566 of the Water Resources Development Act of 1996 (110 Stat. 3786; 113 Stat. 352) is amended—

(A)

by striking the section heading and inserting “ southeastern pennsylvania and lower delaware river basin.”;

(B)

in subsection (a), by inserting “ and the Lower Delaware River Basin” after “ southeastern Pennsylvania”;

(C)

in subsection (b), by striking “ southeastern Pennsylvania, including projects for waste water treatment and related facilities,” and inserting “ southeastern Pennsylvania and the Lower Delaware River Basin, including projects for wastewater treatment and related facilities (including sewer overflow infrastructure improvements and other stormwater management),”;

(D)

by amending subsection (g) to read as follows:

“(g) Areas Defined.—In this section:

“(1) Lower delaware river basin.—The term ‘Lower Delaware River Basin’ means the Schuylkill Valley, Upper Estuary, Lower Estuary, and Delaware Bay subwatersheds of the Delaware River Basin in the Commonwealth of Pennsylvania and the States of New Jersey and Delaware.

“(2) Southeastern pennsylvania.—The term ‘southeastern Pennsylvania’ means Philadelphia, Bucks, Chester, Delaware, and Montgomery Counties, Pennsylvania.”

; and

(E)

in subsection (h), by striking “ to carry out this section $25,000,000” and inserting “ $50,000,000 to provide assistance under this section to non-Federal interests in southeastern Pennsylvania, and $20,000,000 to provide assistance under this section to non-Federal interests in the Lower Delaware River Basin”.

(10)

South central pennsylvania.— Section 313(g)(1) 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; 134 Stat. 2719) is amended by striking “ $400,000,000” and inserting “ $410,000,000”.

(11)

Texas.— Section 5138 of the Water Resources Development Act of 2007 (121 Stat. 1250) is amended—

(A)

in subsection (b), by striking “ , as identified by the Texas Water Development Board”;

(B)

in subsection (e)(3), by inserting “ and construction” after “ design work”;

(C)

by redesignating subsection (g) as subsection (i);

(D)

by inserting after subsection (f) the following:

“(g) Nonprofit Entities.—In this section, the term non-Federal interest has the meaning given such term in section 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(b)).

“(h) Corps of Engineers Expenses.—Not more than 10 percent of the amounts made available to carry out this section may be used by the Corps of Engineers district offices to administer projects under this section at Federal expense.”

; and

(E)

in subsection (i) (as redesignated), by striking “ $40,000,000” and inserting “ $80,000,000”.

(12)

Lake champlain, vermont and new york.— Section 542 of the Water Resources Development Act of 2000 (114 Stat. 2671; 121 Stat. 1150; 134 Stat. 2652) is amended—

(A)

in subsection (b)(2)(C), by striking “ planning” and inserting “ clean water infrastructure planning, design, and construction”; and

(B)

in subsection (g), by striking “ $32,000,000” and inserting “ $100,000,000”.

(13)

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; 134 Stat. 2719) is amended—

(A)

in subsection (i)(1), by striking “ $435,000,000” and inserting “ $800,000,000”; and

(B)

in subsection (i)(2), by striking “ $150,000,000” and inserting “ $200,000,000”.

(c)

Effect on Authorization.— Notwithstanding the operation of section 6001(e) of the Water Resources Reform and Development Act of 2014 (as in effect on the day before the date of enactment of the Water Resources Development Act of 2016), any project included on a list published by the Secretary pursuant to such section the authorization for which is amended by this section remains authorized to be carried out by the Secretary.

SEC. 8377. Conveyances.

(a)

Generally Applicable Provisions.—

(1)

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.

(2)

Applicability of property screening provisions.— Section 2696 of title 10, United States Code, shall not apply to any conveyance under this section.

(3)

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.

(4)

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.

(5)

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.

(b)

City of Lewes, Delaware.—

(1)

Conveyance authorized.— The Secretary is authorized to convey, without consideration, to the City of Lewes, Delaware, all right, title, and interest of the United States in and to the real property described in paragraph (2), for the purpose of housing a new municipal campus for Lewes City Hall, a police station, and a board of public works.

(2)

Property.— The property to be conveyed under this subsection is the approximately 5.26 acres of land, including improvements on that land, located at 1137 Savannah Road, Lewes, Delaware.

(3)

Reversion.—

(A)

In general.— If the Secretary determines at any time that the property conveyed under paragraph (1) is not being used in accordance with the purpose specified in such paragraph, all right, title, and interest in and to the property shall revert, at the discretion of the Secretary, to the United States.

(B)

Determination.— A determination by the Secretary under subparagraph (A) shall be made on the record after an opportunity for a hearing.

(c)

Army Reserve Facility, Belleville, Illinois.—

(1)

Conveyance authorized.— The Secretary shall convey to the city of Belleville, Illinois, without consideration, all right, title, and interest of the United States in and to the real property described in paragraph (2).

(2)

Property.— The property to be conveyed under this subsection is the approximately 5.2 acres of land, including improvements on that land, located at 500 South Belt East in Belleville, Illinois.

(3)

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.

(4)

Reversion.— If the Secretary determines that the property conveyed under this subsection is not 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.

(d)

Lake Barkley, Kentucky.—

(1)

In general.— The Secretary is authorized to convey to the Eddyville Riverport and Industrial Development Authority all right, title, and interest of the United States in and to the approximately 3.3 acres of land in Lyon County, Kentucky, including the land identified as Tract 1216–2 and a portion of the land identified as Tract 112–2, adjacent to the southwestern boundary of the port facilities of the Authority at the Barkley Dam and Lake Barkley project, Kentucky, authorized by the first section of the Act of July 24, 1946 (chapter 595, 60 Stat. 636).

(2)

Reservation of rights.— The Secretary shall reserve and retain from the conveyance under this subsection such easements, rights-of-way, and other interests that the Secretary determines to be necessary and appropriate to ensure the continued operation of the project described in paragraph (1).

(3)

(4)

Consideration.— The Eddyville Riverport and Industrial Development Authority 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.

(e)

Sardis Lake, Panola County, Mississippi.—

(1)

Conveyance authorized.— The Secretary is authorized to convey to the City of Sardis, Mississippi, all right, title, and interest of the United States in and to the real property described in paragraph (2).

(2)

Property.— The property to be conveyed is the approximately 1,064 acres of lying in the eastern half of Sections 12 and 13, T 8 S, R 6 W and the western half of Section 18 and the western half of Section 7, T 8 S, R 5 W, in Panola County, Mississippi, and being more particularly described as follows: Begin at the southeast corner of said Section 13, run thence from said point of beginning, along the south line of said Section 13, run westerly, 2,723 feet; thence run N 27°39’53” W, for 1,898 feet; thence run north 2,434 feet; thence run east, 1,006 feet, more or less, to a point on the easterly edge of Mississippi State Highway No. 315; thence run along said easterly edge of highway, northerly, for 633 feet; thence leaving said easterly edge of highway, run N 62°00’ E, for 200 feet; thence N 07°00’ E, for 1,350 feet; thence N 07°00’ W, for 800 feet; thence N 37°30’W for 800 feet; thence N 10°00’ W for 350 feet; thence N 11°00’ E, for 350 feet; thence N 43°30’ E for 250 feet; thence N 88°00’ E for 200 feet; thence S 64°00’ E for 350 feet; thence S 25°30’ E, for 650 feet, more or less, to the intersection of the east line of the western half of the eastern half of the northwest quarter of the southeast quarter of the aforesaid Section 12, T 8 S, R 6 W and the 235-foot contour; thence run along said 235-foot contour, 6,392 feet; thence leaving said 235-foot contour, southerly 1,762 feet, more or less, to a point on the south line of Section 7; thence S 00°28’49” E, 2,664.97 feet, more or less, to a point on the south line of the northwest quarter of said Section 18; thence along said south line, easterly for 100 feet, more or less to the northwest corner of the southwest quarter of said Section 18; thence leaving said south line of said northwest quarter, along the east line of said southwest quarter, S 00°06’20” E, run 2,280 feet, more or less, to the southerly edge of an existing power line right-of-way; thence leaving said east line of said southwest quarter, along said southerly edge of said power line right-of-way, northwesterly, 300 feet, more or less, to the easterly edge of the existing 4–H Club Road; thence leaving said southerly edge of said power line right-of-way, along said easterly edge of said road, southeasterly, 420 feet, more or less, to the south line of said southwest quarter; thence leaving said easterly edge of said road, along said south line of southwest quarter, westerly, 2,635 feet, more or less, to the point of beginning, LESS AND EXCEPT the following prescribed parcel: Beginning at a point N 00°45’48” W, 302.15 feet and west, 130.14 feet from the southeast corner of said Section 13, T 8 S, R 6 W, and running thence S 04°35’58” W, 200.00 feet to a point on the north side of a road; running thence with the north side of said road, N 83°51’ W, for 64.84 feet; thence N 72°26’44” W, 59.48 feet; thence N 60°31’37” W, 61.71 feet; thence N 63°35’08” W, 51.07 feet; thence N 06°47’17” W, 142.81 feet to a point; running thence S 85°24’02” E, 254.37 feet to the point of beginning, containing 1.00 acre, more or less.

(3)

Reservation of rights.—

(A)

In general.— The Secretary shall reserve and retain from the conveyance under this subsection such easements, rights-of-way, and other interests that the Secretary determines to be necessary and appropriate to ensure the continued operation of the Sardis Lake project, authorized by section 6 of the Act of May 15, 1928 (chapter 569, 45 Stat. 536).

(B)

Flooding; liability.— In addition to any easements, rights-of-way, and other interests reserved an retained under subparagraph (A), the Secretary—

(i)

shall retain the right to flood land for downstream flood control purposes on—

(I)

the land located east of Blackjack Road and below 301.0 feet above sea level; and

(II)

the land located west of Blackjack Road and below 224.0 feet above sea level; and

(ii)

shall not be liable for any reasonable damage resulting from any flooding of land pursuant to clause (i).

(4)

Deed.— The Secretary shall—

(A)

convey the property under this section by quitclaim deed under such terms and conditions as the Secretary determines appropriate to protect the interests of the United States; and

(B)

ensure that such deed includes a permanent restriction that all future building of above-ground structures on the land conveyed under this subsection shall be restricted to areas lying at or above 301.0 feet above sea level.

(5)

Consideration.— The City of Sardis, Mississippi, 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.

(6)

Notice and reporting.— After conveying property under this subsection, the Secretary shall submit to the City of Sardis, Mississippi—

(A)

weekly reports describing—

(i)

the water level of Sardis Lake, as in effect on the date of submission of the report;

(ii)

any applicable forecasts of that water level; and

(iii)

any other information that may affect land conveyed under this subsection; and

(B)

a timely notice of any anticipated flooding of a portion of the land conveyed under this subsection.

(f)

Rogers County, Oklahoma.—

(1)

Conveyance authorized.— The Secretary is authorized to convey to the City of Tulsa-Rogers County Port Authority, all right, title, and interest of the United States in and to the real property described in paragraph (2).

(2)

Property.— The property to be conveyed under this subsection is the approximately 176 acres of Federal land located on the following 3 parcels in Rogers County, Oklahoma:

(A)

Parcel 1 consists of U.S. tract 119 (partial), U.S. tract 123, U.S. tract 120, U.S. tract 125, and U.S. tract 118 (partial).

(B)

Parcel 2 consists of U.S. tract 124 (partial) and U.S. tract 128 (partial).

(C)

Parcel 3 consists of U.S. tract 128 (partial).

(3)

Reservation of rights.— The Secretary shall reserve and retain from any conveyance under this subsection such easements, rights-of-way, and other interests that the Secretary determines to be necessary and appropriate to ensure the continued operation of the McClellan-Kerr Arkansas River navigation project (including Newt Graham Lock and Dam 18) authorized under the comprehensive plan for the Arkansas River Basin by the Act of June 28, 1938 (chapter 795, 52 Stat. 1218; 60 Stat. 634; 60 Stat. 647; 101 Stat. 1329–112; 117 Stat. 1842).

(4)

(5)

Consideration.— The City of Tulsa-Rogers County Port Authority 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.

(6)

Obstructions to navigable capacity.— A conveyance under this subsection shall not affect the jurisdiction of the Secretary under section 10 of the Act of March 3, 1899 (33 U.S.C. 403) with respect to the property conveyed.

(g)

Regional Corps of Engineers Office, Corpus Christi, Texas.—

(1)

Conveyance authorized.— At such time as new facilities are available to be used as the office for the Galveston District of the Corps of Engineers, the Secretary shall convey to the Port of Corpus Christi, all right, title, and interest of the United States in and to the property described in paragraph (2).

(2)

Description of property.— The property referred to in paragraph (1) is the land known as Tract 100 and Tract 101, including improvements on that land, in Corpus Christi, Texas, and described as follows:

(A)

Tract 100.— The 1.89 acres, more or less, as conveyed by the Nueces County Navigation District No. 1 of Nueces County, Texas, to the United States by instrument dated October 16, 1928, and recorded at Volume 193, pages 1 and 2, in the Deed Records of Nueces County, Texas.

(B)

Tract 101.— The 0.53 acres as conveyed by the City of Corpus Christi, Nueces County, Texas, to the United States by instrument dated September 24, 1971, and recorded at Volume 318, pages 523 and 524, in the Deed Records of Nueces County, Texas.

(C)

Improvements.—

(i)

Main Building (RPUID AO–C–3516), constructed January 9, 1974.

(ii)

Garage, vehicle with 5 bays (RPUID AO–C–3517), constructed January 9, 1985.

(iii)

Bulkhead, Upper (RPUID AO–C–2658), constructed January 1, 1941.

(iv)

Bulkhead, Lower (RPUID AO–C–3520), constructed January 1, 1933.

(v)

Bulkhead Fence (RPUID AO–C–3521), constructed January 9, 1985.

(vi)

Bulkhead Fence (RPUID AO–C–3522), constructed January 9, 1985.

(3)

(4)

Consideration.— The Port of Corpus Christi shall pay to the Secretary an amount that is not less than the fair market value of the property (including improvements) conveyed under this subsection, as determined by the Secretary.

SEC. 8378. Land Transfer and Trust Land for Choctaw Nation of Oklahoma.

(a)

Transfer.—

(1)

In general.— Subject to paragraph (2) and for the consideration described in subsection (c), the Secretary shall transfer to the Secretary of the Interior the land described in subsection (b) to be held in trust for the benefit of the Choctaw Nation.

(2)

Conditions.— The land transfer under this subsection shall be subject to the following conditions:

(A)

The transfer—

(i)

shall not interfere with the operation by the Corps of Engineers of the Sardis Lake Project, authorized pursuant to section 203 of the Flood Control Act of 1962 (76 Stat. 1187), or any other authorized civil works project; and

(ii)

shall be subject to such other terms and conditions as the Secretary determines to be necessary and appropriate to ensure the continued operation of the Sardis Lake Project or any other authorized civil works project.

(B)

The Secretary shall retain the right to inundate with water the land transferred to the Choctaw Nation under this subsection as necessary to carry out an authorized purpose of the Sardis Lake Project or any other civil works project.

(C)

No gaming activities may be conducted on the land transferred under this subsection.

(b)

Land Description.—

(1)

In general.— The land to be transferred under subsection (a) is the approximately 247 acres of land located in Sections 18 and 19 of T2N R18E, and Sections 5 and 8 of T2N R19E, Pushmataha County, Oklahoma, generally depicted as “USACE” on the map entitled “Sardis Lake – Choctaw Nation Proposal” and dated February 22, 2022.

(2)

Survey.— The exact acreage and legal descriptions of the land to be transferred under subsection (a) shall be determined by a survey satisfactory to the Secretary and the Secretary of the Interior.

(c)

Consideration.— The Choctaw Nation shall pay to the Secretary an amount that is equal to the fair market value of the land transferred under subsection (a), as determined by the Secretary, which funds may be accepted and expended by the Secretary.

(d)

Costs of Transfer.— The Choctaw Nation shall be responsible for all reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with the transfer of land under subsection (a).

SEC. 8379. John P. Murtha Locks and Dam.

(a)

Designation.— Locks and Dam 4, Monongahela River, Pennsylvania, authorized by section 101(18) of the Water Resources Development Act of 1992 (106 Stat. 4803), and commonly known as the “Charleroi Locks and Dam”, shall be known and designated as the “John P. Murtha Locks and Dam”.

(b)

References.— Any reference in a law, map, regulation, document, paper, or other record of the United States to the locks and dam referred to in subsection (a) shall be deemed to be a reference to the “John P. Murtha Locks and Dam”.

SEC. 8380. Treatment of Certain Benefits and Costs.

Section 152(a) of the Water Resources Development Act of 2020 (33 U.S.C. 2213a(a)) is amended by striking “ a flood risk management project that incidentally generates seismic safety benefits in regions” and inserting “ a flood risk management or coastal storm risk management project in a region”.

SEC. 8381. Debris Removal.

Section 3 of the Act of March 2, 1945 (33 U.S.C. 603a), is amended by striking “ or recreation” and inserting “ ecosystem restoration, or recreation”.

SEC. 8382. General Reauthorizations.

(a)

Rehabilitation of Existing Levees.— Section 3017(e) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 3303a note) is amended—

(1)

by striking “ this subsection” and inserting “ this section”; and

(2)

by striking “ the date that is 10 years after the date of enactment of this Act” and inserting “ December 31, 2028”.

(b)

Invasive Species in Alpine Lakes Pilot Project.— Section 507(c) of the Water Resources Development Act of 2020 (16 U.S.C. 4701 note) is amended by striking “ 2024” and inserting “ 2028”.

(c)

Environmental Banks.— Section 309(e) of the Coastal Wetlands Planning, Protection and Restoration Act (16 U.S.C. 3957(e)) is amended by striking “ 10” and inserting “ 12”.

SEC. 8383. Transfer of Excess Credit.

Section 1020 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2223) is amended—

(1)

in subsection (a), by adding at the end the following:

“(3) Studies and projects with multiple non-federal interests.—A credit described in paragraph (1) for a study or project with multiple non-Federal interests may be applied to the required non-Federal cost share for a study or project of any such non-Federal interest, if each such non-Federal interest agrees in writing to such application.”

(2)

in subsection (b), by adding at the end the following:

“(3) Conditional approval of excess credit.—Notwithstanding paragraph (2)(A)(ii), the Secretary may approve credit in excess of the non-Federal share for a study or project prior to the identification of each authorized study or project to which the excess credit will be applied, subject to the condition that the non-Federal interest agrees to submit for approval by the Secretary an amendment to the comprehensive plan prepared under paragraph (2) that identifies each authorized study or project in advance of execution of the feasibility cost-sharing agreement or project partnership agreement for that authorized study or project.”

(3)

in subsection (d), by striking “ 10 years after the date of enactment of this Act” and inserting “ on December 31, 2028”; and

(4)

in subsection (e)(1)(B), by striking “ 10 years after the date of enactment of this Act” and inserting “ December 31, 2028”.

SEC. 8384. Treatment of Credit Between Projects.

Section 7007(d) of the Water Resources Development Act of 2007 (121 Stat. 1277; 128 Stat. 1226) is amended by inserting “ , or may be applied to reduce the amounts required to be paid by the non-Federal interest under the terms of the deferred payment agreements entered into between the Secretary and the non-Federal interest for the projects authorized by section 7012(a)(1)” before the period at the end.

SEC. 8385. Non-Federal Payment Flexibility.

Section 103(l) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(l)) is amended—

(1)

in the subsection heading, by striking “ Initial”;

(2)

in the first sentence, by striking “ At the request of” and inserting the following:

“(1) Initial payment.—At the request of”

; and

(3)

by adding at the end the following:

“(2) Interest.—

“(A) In general.—At the request of any non-Federal interest, the Secretary may waive the accrual of interest on any non-Federal cash contribution under this section or section 101 for a project for a period of not more than 1 year if the Secretary determines that—

“(i) the waiver will contribute to the ability of the non-Federal interest to make future contributions; and

“(ii) the non-Federal interest is in good standing under terms agreed to under subsection (k)(1).

“(B) Limitations.—The Secretary may grant not more than 1 waiver under subparagraph (A) for the same project.”

SEC. 8386. Coastal Community Flood Control and Other Purposes.

Section 103(k)(4) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(k)(4)) is amended—

(1)

by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margins appropriately;

(2)

in the matter preceding clause (i) (as so redesignated), by striking “ Notwithstanding” and inserting the following:

“(A) In general.—Notwithstanding”

(3)

in clause (i) (as so redesignated)—

(A)

by striking “ $200 million” and inserting “ $200,000,000”; and

(B)

by striking “ and” at the end;

(4)

in clause (ii) (as so redesignated)—

(A)

by inserting “ an amount equal to ⅔ of” after “ repays”; and

(B)

by striking the period at the end and inserting “ ; and”; and

(C)

by adding at the end the following:

“(iii) the non-Federal interest repays the balance of remaining principal by June 1, 2032.”

; and

(5)

by adding at the end the following:

“(B) Repayment options.—Repayment of a non-Federal contribution under subparagraph (A)(iii) may be satisfied through the provision by the non-Federal interest of fish and wildlife mitigation for one or more projects or separable elements, if the Secretary determines that—

“(i) the non-Federal interest has incurred costs for the provision of mitigation that—

“(I) equal or exceed the amount of the required repayment; and

“(II) are in excess of any required non-Federal contribution for the project or separable element for which the mitigation is provided; and

“(ii) the mitigation is integral to the project for which it is provided.”

SEC. 8387. National Levee Safety Program.

(a)

Definition of Rehabilitation.— Section 9002(13) of the Water Resources Development Act of 2007 (33 U.S.C. 3301(13)) is amended—

(1)

by striking “ The term” and inserting the following:

“(A) In general.—The term”

(2)

by inserting “ , increase resiliency to extreme weather events,” after “ flood risk”; and

(3)

by adding at the end the following:

“(B) Inclusions.—The term ‘rehabilitation’ includes improvements to a levee in conjunction with any repair, replacement, reconstruction, or reconfiguration.”

(b)

Levee Safety Initiative.— Section 9005(g)(2)(E)(i) of the Water Resources Development Act of 2007 (33 U.S.C. 3303a(g)(2)(E)(i)) is amended by striking “ 2023” and inserting “ 2028”.

(c)

Levee Rehabilitation Assistance Program.— Section 9005(h) of the Water Resources Development Act of 2007 (33 U.S.C. 3303a(h)) is amended—

(1)

in paragraph (1), by inserting “ and levee rehabilitation” after “ mitigation”;

(2)

in paragraph (7), by striking “ $10,000,000” and inserting “ $25,000,000”; and

(3)

by adding at the end the following:

“(11) Prioritization.—To the maximum extent practicable, the Secretary shall prioritize the provision of assistance under this subsection to economically disadvantaged communities (as defined by the Secretary under section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note)), including economically disadvantaged communities located in urban and rural areas.”

SEC. 8388. Surplus Water Contracts and Water Storage Agreements.

Section 1046(c) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1254; 132 Stat. 3784; 134 Stat. 2715) is amended—

(1)

by striking paragraph (3); and

(2)

by redesignating paragraph (4) as paragraph (3).

SEC. 8389. Water Supply Storage Repair, Rehabilitation, and Replacement Costs.

Section 301(b) of the Water Supply Act of 1958 (43 U.S.C. 390b(b)) is amended, in the fourth proviso, by striking the second sentence and inserting the following: “ For Corps of Engineers projects, all annual operation and maintenance costs for municipal and industrial water supply storage under this section shall be reimbursed from State or local interests on an annual basis, and all repair, rehabilitation, and replacement costs for municipal and industrial water supply storage under this section shall be reimbursed from State or local interests (1) without interest, during construction of the repair, rehabilitation, or replacement, (2) with interest, in lump sum on the completion of the repair, rehabilitation, or replacement, or (3) at the request of the State or local interest, with interest, over a period of not more than 25 years beginning on the date of completion of the repair, rehabilitation, or replacement, with repayment contracts providing for recalculation of the interest rate at 5-year intervals. At the request of the State or local interest, the Secretary of the Army shall amend a repayment contract entered into under this section on or before the date of enactment of this sentence for the purpose of incorporating the terms and conditions described in paragraph (3) of the preceding sentence.”.

SEC. 8390. Abandoned and Inactive Noncoal Mine Restoration.

Section 560 of the Water Resources Development Act of 1999 (33 U.S.C. 2336) is amended—

(1)

in subsection (c), by inserting “ , on land held in trust by the Secretary of the Interior on behalf of, and for the benefit of, an Indian Tribe, or on restricted land of any Indian Tribe,” after “ land owned by the United States”; and

(2)

in subsection (e)—

(A)

by striking “ Rehabilitation” and inserting “ Restoration”; and

(B)

by striking “ Sacramento” and inserting “ Albuquerque”; and

(3)

in subsection (f), by striking “ $30,000,000” and inserting “ $50,000,000”.

SEC. 8391. Asian Carp Prevention and Control Pilot Program.

Section 509(a)(2) of the Water Resources Development Act of 2020 (33 U.S.C. 610 note) is amended—

(1)

in subparagraph (A), by striking “ or Tennessee River Watershed” and inserting “ , Tennessee River Watershed, or Tombigbee River Watershed”; and

(2)

in subparagraph (C)(i), by inserting “ , of which not fewer than 1 shall be carried out on the Tennessee–Tombigbee Waterway” before the period at the end.

SEC. 8392. Enhanced Development Program.

The Secretary shall fully implement opportunities for enhanced development at lakes located primarily in the State of Oklahoma under the authorities provided in section 3134 of the Water Resources Development Act of 2007 (121 Stat. 1142; 130 Stat. 1671) and section 164 of the Water Resources Development Act of 2020 (134 Stat. 2668).

SEC. 8393. Recreational Opportunities at Certain Projects.

(a)

Definitions.— In this section:

(1)

Covered project.— The term “covered project” means any of the following projects of the Corps of Engineers:

(A)

Ball Mountain Lake, Vermont, authorized by section 203 of the Flood Control Act of 1954 (68 Stat. 1257).

(B)

Townshend Lake, Vermont, authorized by section 203 of the Flood Control Act of 1954 (68 Stat. 1257).

(2)

Recreation.— The term “recreation” includes downstream whitewater recreation that is dependent on operations, recreational fishing, and boating at a covered project.

(b)

Sense of Congress.— It is the sense of Congress that the Secretary should—

(1)

ensure that, to the extent compatible with other project purposes, each covered project is operated in such a manner as to protect and enhance recreation associated with the covered project; and

(2)

manage land at each covered project to improve opportunities for recreation at the covered project.

(c)

Modification of Water Control Plans.— The Secretary may modify, or undertake temporary deviations from, the water control plan for a covered project in order to enhance recreation, if the Secretary determines the modifications or deviations—

(1)

will not adversely affect other authorized purposes of the covered project; and

(2)

will not result in significant adverse impacts to the environment.

SEC. 8394. Federal Assistance.

Section 1328(c) of the Water Resources Development Act of 2018 (132 Stat. 3826) is amended by striking “ 4 years” and inserting “ 8 years”.

SEC. 8395. Mississippi River Mat Sinking Unit.

The Secretary shall expedite the replacement of the Mississippi River mat sinking unit.

SEC. 8396. Sense of Congress on Lease Agreement.

It is the sense of Congress that the lease agreement for land and water areas within the Prado Flood Control Basin Project Area entered into between the Secretary and the City of Corona, California, for operations of the Corona Municipal Airport (Recreation Lease No. DACW09–1–67–60), is a valid lease of land at a water resources development project under section 4 of the Act of December 22, 1944 (16 U.S.C. 460d).

SEC. 8397. Expedited Completion of Projects and Studies.

(a)

Authorized Projects and Studies.— The Secretary shall, to the maximum extent practicable, expedite completion of the following projects and studies:

(1)

Projects.—

(A)

Project for Juneau and Auke Bay, Floating Wave Attenuator, Alaska, authorized pursuant to section 204 of the Flood Control Act of 1948 (62 Stat. 1181).

(B)

Project for flood risk management, Little Colorado River at Winslow, Navajo County, Arizona, authorized by section 401(2) of the Water Resources Development Act of 2020 (134 Stat. 2735).

(C)

Project for flood damage reduction, Rio de Flag, Flagstaff, Arizona, authorized by section 101(b)(3) of the Water Resources Development Act of 2000 (114 Stat. 2576).

(D)

Project for navigation, including maintenance and channel deepening, McClellan–Kerr Arkansas River, authorized under the comprehensive plan for the Arkansas River Basin by section 3 of the Act of June 28, 1938 (chapter 795, 52 Stat. 1218; 60 Stat. 634; 60 Stat. 647; 101 Stat. 1329–112; 117 Stat. 1842).

(E)

Project for environmental restoration, Hamilton Airfield, California, authorized by section 101(b)(3) of the Water Resources Development Act of 1999 (113 Stat. 279; 121 Stat. 1110).

(F)

Project for flood damage reduction and environmental restoration, Middle Creek, Lake County, California, authorized by section 1001(11) of the Water Resources Development Act of 2007 (121 Stat. 1051).

(G)

The San Francisco Bay Beneficial Use Pilot Project, California, being carried out under section 1122 of the Water Resources Development Act of 2016 (130 Stat. 1645).

(H)

Project for flood risk management, ecosystem restoration, and recreation, South San Francisco Bay Shoreline, California, authorized by section 1401(6) of the Water Resources Development Act of 2016 (130 Stat. 1714).

(I)

Projects for ecosystem restoration included in the comprehensive Chesapeake Bay restoration plan developed under the Chesapeake Bay Environmental Restoration and Protection Program, authorized by section 510 of the Water Resources Development Act of 1996 (110 Stat. 3759; 121 Stat. 1202; 128 Stat. 1317).

(J)

Maintenance dredging and other authorized activities to address the impacts of shoaling affecting the project for navigation, Branford Harbor and Branford River, Branford, Connecticut, authorized by the first section of the Act of June 13, 1902 (chapter 1079, 32 Stat. 333).

(K)

Maintenance dredging and other authorized activities to address the impacts of shoaling affecting the project for navigation, Guilford Harbor and Sluice Channel, Connecticut, authorized by section 2 of the Act of March 2, 1945 (chapter 19, 59 Stat. 13).

(L)

Maintenance dredging and other authorized activities to address the impacts of shoaling affecting the project for navigation, Milford Harbor, Connecticut, authorized by the first section of the Act of June 23, 1874 (chapter 457, 18 Stat. 241).

(M)

Project for ecosystem restoration at Bay Point dredge hole, Tampa Bay, Florida.

(N)

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; 134 Stat. 2709).

(O)

An update to the water control manual for Melvin Price Locks and Dam, Illinois, authorized by section 102 of Public Law 95–502 (92 Stat. 1695; 95 Stat. 1634).

(P)

Projects for the restoration of the Illinois River Basin, carried out pursuant to section 519 of the Water Resources Development Act of 2000 (114 Stat. 2653; 121 Stat. 1221).

(Q)

Projects for ecosystem restoration, Upper Mississippi River and Illinois Waterway System, authorized pursuant to title VIII of the Water Resources Development Act of 2007 (33 U.S.C. 652 note).

(R)

Project for navigation, Kentucky Lock Addition, Kentucky, authorized by section 101(a)(13) of the Water Resources Development Act of 1996 (110 Stat. 3664).

(S)

Project for flood damage reduction, Lower Jefferson Parish, Louisiana, authorized by section 7016 of the Water Resources Development Act of 2007 (121 Stat. 1282).

(T)

The portion of the project for flood control and other purposes, Cumberland, Maryland, consisting of the restoration of the historic Chesapeake and Ohio Canal, authorized by section 5 of the Act of June 22, 1936 (chapter 6881, 49 Stat. 1574; 113 Stat. 375).

(U)

Project for flood control, Ecorse Creek, Wayne County, Michigan, authorized by section 101(a)(14) of the Water Resources Development Act of 1990 (104 Stat. 4607).

(V)

Projects for ecosystem restoration, Salt River Marsh Coastal Habitat, Lake St. Clair, Michigan, authorized pursuant to section 506 of the Water Resources Development Act of 2000 (42 U.S.C. 1962d–22).

(W)

Assistance for ecosystem restoration, Lower Yellowstone Intake Diversion Dam, Montana, authorized pursuant to section 3109 of the Water Resources Development Act of 2007 (121 Stat. 1135).

(X)

Maintenance dredging and other authorized activities to address the impacts of shoaling affecting the project for navigation, Portsmouth Harbor and Piscataqua River, Maine and New Hampshire, authorized by section 101 of the River and Harbor Act of 1962 (76 Stat. 1173).

(Y)

Project for flood risk management, Tulsa and West–Tulsa Levee System, Tulsa County, Oklahoma, authorized by section 401(2) of the Water Resources Development Act of 2020 (134 Stat. 2735).

(Z)

Project for flood risk management, Rio Guayanilla, Puerto Rico, authorized by section 401(2) of the Water Resources Development Act of 2020 (134 Stat. 2736).

(AA)

Projects for critical restoration, Missouri River Restoration, South Dakota, included in the plan developed under section 905(e) of the Water Resources Development Act of 2000 (114 Stat. 2707).

(BB)

Project for water quality control, Red River Basin Chloride Control Area VIII, Texas, authorized pursuant to section 203 of the Flood Control Act of 1966 (80 Stat. 1420).

(CC)

Dredging for projects at Port of Galveston for Turning Basin 2 project, Royal Terminal, Galveston Bay, Galveston, Texas, authorized pursuant to section 1401(1) of the Water Resources Development Act of 2018 (132 Stat. 3836).

(DD)

Project for dam safety modifications, Bluestone Dam, West Virginia, authorized pursuant to section 5 of the Act of June 22, 1936 (chapter 688, 49 Stat. 1586).

(EE)

The development and implementation of a sediment management plan at Big Horn Lake, Wyoming, pursuant to section 1179(a) of the Water Resources Development Act of 2016 (130 Stat. 1675).

(FF)

Projects authorized by section 219 of the Water Resources Development Act of 1992.

(2)

Studies.—

(A)

Feasibility study of modifications to the portion of the project for flood control, water conservation, and related purposes, Russian River Basin, California, consisting of the Coyote Valley Dam, authorized by section 204 of the Flood Control Act of 1950 (64 Stat. 177; 130 Stat. 1682), to add environmental restoration as a project purpose and to increase water supply and improve reservoir operations.

(B)

Feasibility study of modifications to the portion of the project for flood control, Santa Ana River Mainstem, California, consisting of Seven Oaks Dam, 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.

(C)

Feasibility study of modifications to the project for flood control, Redbank and Fancher Creeks, California, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4112).

(D)

The update of hydrological modeling of the Fox River Basin, Illinois.

(E)

Feasibility study of modifications to the channel depths and dimensions pursuant to section 5 of the Act of March 4, 1915 (33 U.S.C. 562) for the project for navigation, Miami Harbor Channel, Florida, authorized by section 101 of the Water Resources Development Act of 1990 (104 Stat. 4606).

(F)

A comprehensive 50-year review of the Kaskaskia River Navigation Project, Illinois, pursuant to section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a).

(G)

Feasibility study for the Mississippi River and Tributaries project, to include the portion of the Ouachita River Levee System at and below Monroe, Louisiana to Caldwell Parish, Louisiana, authorized by section 204(b) of the Water Resources and Development Act of 2020 (134 Stat. 2678).

(H)

Feasibility study for the project for ecosystem restoration and flood risk management at Coldwater Creek, Missouri, authorized pursuant to section 1202(b) of the Water Resources Development Act of 2018 (132 Stat. 3803).

(I)

Feasibility study for the project for ecosystem restoration and flood risk management at Maline Creek, Missouri, authorized pursuant to section 1202(b) of the Water Resources Development Act of 2018 (132 Stat. 3803).

(J)

Feasibility study for the project for flood protection at the Truman Lake Visitor Center, Warsaw, Missouri, authorized by section 203 of the Flood Control Act of 1954 (68 Stat. 1262; 84 Stat. 265).

(K)

Feasibility study for an updated hydrologic analysis for the town of Estancia, Torrance County, New Mexico.

(L)

Feasibility study for water supply to reduce water consumption from the Arbuckle Simpson Aquifer, Oklahoma, utilizing reserved municipal water supply within the Corps of Engineers-owned lakes, pursuant to section 838 of the Water Resources Development Act of 1986 (100 Stat. 4174).

(b)

Continuing Authorities Programs.— The Secretary shall, to the maximum extent practicable, expedite completion of the following projects and studies:

(1)

Projects for flood control under section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) for the following areas:

(A)

Lower Santa Cruz River, Arizona.

(B)

McCormick Wash, Arizona.

(C)

Rose and Palm Garden Washes, Arizona.

(D)

The Santa Rosa Canal Alternative Conveyance Project, Arizona.

(E)

Southern Maricopa County, in the vicinity of the Ak-Chin Reservation, Arizona.

(F)

Nancy Creek, Georgia.

(G)

Peachtree Creek, Georgia.

(H)

Sugar Creek, Georgia.

(I)

South River Basin, Georgia.

(J)

Passaic River, New Jersey.

(K)

Salt River Marsh Coastal Habitat, Lake St. Clair, Michigan.

(L)

Blind Brook, Rye, New York.

(M)

Aibonito Creek and vicinity, Puerto Rico.

(N)

Canóvanas River, Puerto Rico.

(O)

Municipality of Orocovis, Puerto Rico.

(P)

Municipality of San Sebastian, Puerto Rico.

(Q)

Municipality of Villalba, Puerto Rico.

(R)

Río Inabón, Ponce, Puerto Rico.

(S)

Yauco River and Berrenchin Stream, Puerto Rico.

(2)

Projects for navigation under section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577) for the following areas:

(A)

Sebewaing River, Port Sanilac Harbor, Lexington Harbor, and Harbor Beach Harbor, Michigan.

(B)

Portsmouth Back Channels and Sagamore Creek, Portsmouth, New Castle, and Rye, New Hampshire.

(C)

Sturgeon Point Marina, New York.

(D)

Davis Creek and Mobjack Bay, Mathews County, Virginia.

(3)

Project for aquatic ecosystem restoration under section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330) for the following areas:

(A)

El Corazon, Arizona.

(B)

San Pedro River, Cochise County and vicinity, Arizona, including review of recharge facilities that preserve water flows and habitats.

(4)

Project modifications for improvement of the environment under section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a) for the towns of Quincy and Braintree, Massachusetts, for fish passage on the Smelt Brook.

(5)

Project for the removal of obstructions and clearing channels for flood control under section 2 of the Act of August 28, 1937 (33 U.S.C. 701g) for the Passaic River, New Jersey.

(6)

Project for shoreline erosion protection of public works under section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r) and for beach erosion and storm damage reduction under section 3 of the Act of August 13, 1946 (33 U.S.C. 426g) for Buffalo, New York.

(7)

Project for beach erosion and storm damage reduction under section 3 of the Act of August 13, 1946 (33 U.S.C. 426g) for West Haven, Connecticut.

Subtitle D Water Resources Infrastructure

SEC. 8401. Project Authorizations.

The following projects for water resources development and conservation and other purposes, as identified in the reports titled “Report to Congress on Future Water Resources Development” submitted to Congress pursuant to section 7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed by Congress, are authorized to be carried out by the Secretary substantially in accordance with the plans, and subject to the conditions, described in the respective reports or decision documents designated in this section:

(1)

Navigation.—

A. State	B.Name	C.Date ofReport ofChief of Engineers	D.EstimatedCosts
1. AK	Elim Subsistence Harbor Study, Elim	March 12, 2021	Federal: $99,057,000	Non-Federal: $2,517,000	Total: $101,574,000
2. CA	Port of Long Beach Deep Draft Navigation, Los Angeles County	October 14, 2021 and May 31, 2022	Federal: $87,063,000	Non-Federal: $88,724,000	Total: $175,787,000
3. GA	Brunswick Harbor Modifications, Glynn County	March 11, 2022	Federal: $10,555,500	Non-Federal: $5,680,500	Total: $16,236,000
4. NY, NJ	New York — New Jersey Harbor Deepening Channel Improvements	June 3, 2022	Federal: $2,408,268,000	Non-Federal: $3,929,279,000	Total: $6,337,547,000
5. WA	Tacoma Harbor Navigation Improvement Project	May 26, 2022	Federal: $140,022,000	Non-Federal: $203,561,000	Total: $343,583,000

(2)

Flood risk management.—

A. State	B. Name	C.Date ofReport ofChief of Engineers	D.EstimatedCosts
1. AL	Selma Flood Risk Management and Bank Stabilization	October 7, 2021	Federal: $16,978,000	Non-Federal: $9,142,000	Total: $26,120,000
2. AL	Valley Creek Flood Risk Management, Bessemer and Birmingham	October 29, 2021	Federal: $21,993,000	Non-Federal: $11,906,000	Total: $33,899,000
3. CA	Lower Cache Creek, Yolo County, Woodland and Vicinity	June 21, 2021	Federal: $238,151,550	Non-Federal: $128,235,450	Total: $366,387,000
4. NE	Papillion Creek and Tributaries Lakes	January 24, 2022	Federal: $100,618,000	Non-Federal: $57,359,000	Total: $157,977,000
5. OR	Portland Metro Levee System	August 20, 2021	Federal: $89,708,000	Non-Federal: $48,304,000	Total: $138,012,000
6. PR	Rio Guanajibo Flood Risk Management, Mayaguez, Hormigueros, and San German	May 24, 2022	Federal: $184,778,000	Non-Federal: $0	Total: $184,778,000

(3)

Hurricane and storm damage risk reduction.—

A. State	B.Name	C.Date ofReport ofChief ofEngineers	D.EstimatedCosts
1. CT	Fairfield and New Haven Counties Coastal Storm Risk Management	January 19, 2021	Federal: $107,350,000	Non-Federal: $57,804,000	Total: $165,154,000
2. FL	Florida Keys, Monroe County, Coastal Storm Risk Management	September 24, 2021	Federal: $1,774,631,000	Non-Federal: $955,570,000	Total: $2,730,201,000
3. FL	Miami-Dade County, Main Segment, Coastal Storm Risk Management	September 26, 2022	Initial Federal: $25,091,000	Initial Non-Federal: $18,470,000	Total: $43,561,000	Renourishment Federal: $143,874,000	Renourishment Non-Federal: $180,898,000	Renourishment Total: $324,772,000
4. FL	Okaloosa County, Coastal Storm Risk Management	October 7, 2021	Initial Federal: $21,274,025	Initial Non-Federal: $12,379,975	Total: $33,654,000	Renourishment Federal: $76,345,000	Renourishment Non-Federal: $79,292,000	Renourishment Total: $155,637,000
5. FL	Pinellas County, Treasure Island and Long Key Segments, Coastal Storm Risk Management	October 29, 2021	Initial Federal: $6,097,000	Initial Non-Federal: $9,864,000	Total: $15,961,000	Renourishment Federal: $115,551,000	Renourishment Non-Federal: $104,540,000	Renourishment Total: $220,091,000
6. LA	South Central Coast, Louisiana Hurricane and Storm Damage Risk Reduction	June 23, 2022	Federal: $809,297,450	Non-Federal: $435,775,550	Total: $1,245,073,000
7. LA	Upper Barataria Basin Hurricane and Storm Damage Risk Reduction	January 28, 2022	Federal: $1,184,472,250	Non-Federal: $637,792,750	Total: $1,822,265,000
8. NY	South Shore of Staten Island, Fort Wadsworth to Oakwood Beach, Coastal Storm Risk Management	October 27, 2016	Federal: $1,086,000,000	Non-Federal: $585,000,000	Total: $1,671,000,000
9. PR	San Juan Metropolitan Area Coastal Storm Risk Management	September 16, 2021	Federal: $288,294,000	Non-Federal: $155,235,000	Total: $443,529,000
10. SC	Charleston Peninsula, Coastal Storm Risk Management	June 10, 2022	Federal: $828,657,050	Non-Federal: $446,199,950	Total: $1,274,857,000
11. SC	Folly Beach, Coastal Storm Risk Management	October 26, 2021	Initial Federal: $49,919,000	Initial Non-Federal: $5,546,000	Total: $55,465,000	Renourishment Federal: $180,433,000	Renourishment Non-Federal: $29,373,000	Renourishment Total: $209,806,000

(4)

Flood risk management and ecosystem restoration.—

A. State	B.Name	C.Date ofReport ofChief of Engineers	D.EstimatedCosts
1. TX	Coastal Texas Protection and Restoration	September 16, 2021	Federal: $21,380,214,000	Non-Federal: $12,999,708,000	Total: $34,379,922,000

(5)

Ecosystem restoration.—

A. State	B.Name	C.Date ofReport ofChief of Engineers	D.EstimatedCosts
1. CA	Prado Basin Ecosystem Restoration, San Bernardino, Riverside and Orange Counties	April 22, 2021	Federal: $35,265,100	Non-Federal: $22,373,900	Total: $57,639,000
2. KY	Three Forks of Beargrass Creek Ecosystem Restoration, Louisville	May 24, 2022	Federal: $77,352,671	Non-Federal: $52,539,940	Total: $129,892,611

(6)

Modifications and other projects.—

A. State	B. Name	C.Date ofDecisionDocument	D.EstimatedCosts
1. DC	Washington, D.C. and Vicinity Flood Risk Management	July 22, 2021	Federal: $19,830,000	Non-Federal: $0	Total: $19,830,000
2. FL	Central and Southern Florida, Indian River Lagoon	June 30, 2022	Federal: $2,707,950,500	Non-Federal: $2,707,950,500	Total: $5,415,901,000
3. LA	Lake Pontchartrain and Vicinity	December 16, 2021	Federal: $950,303,250	Non-Federal: $511,701,750	Total: $1,462,005,000
4. LA	West Bank and Vicinity	December 17, 2021	Federal: $508,337,700	Non-Federal: $273,720,300	Total: $782,058,000
5. MI	New Soo Lock Construction Project, Sault Ste. Marie, Chippewa County	June 6, 2022	Federal: $3,218,944,000	Non-Federal: $0	Total: $3,218,944,000
6. WA	Howard A. Hanson Dam, Water Supply and Ecosystem Restoration	May 19, 2022	Federal: $878,530,000	Non-Federal: $43,085,000	Total: $921,615,000

SEC. 8402. Special Rules.

(a)

South Shore of Staten Island, New York.— The Federal share of any portion of the cost to design and construct the project for coastal storm risk management, South Shore of Staten Island, Fort Wadsworth to Oakwood Beach, New York, authorized by this Act, that exceeds the estimated total project cost specified in the project partnership agreement for the project, signed by the Secretary on February 15, 2019, shall be 90 percent.

(b)

Charleston Peninsula, South Carolina.—

(1)

In general.— Not later than 90 days after the last day of the covered period, 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 request for deauthorization of the project for hurricane and storm damage risk reduction, Charleston Peninsula, South Carolina, authorized by this Act, if the non-Federal interest has not entered into a project partnership agreement for the project, or a separable element of the project, prior to such last day.

(2)

Definition of covered period.— In this subsection, the term “covered period” means the period beginning on the date of enactment of this Act and ending on the date that is—

(A)

10 years after the date of enactment of this Act; or

(B)

10 years after the date on which a design agreement for the project described in paragraph (1) is executed, if such design agreement is executed prior to the date that is 10 years after the date of enactment of this Act.

SEC. 8403. Facility Investment.

(a)

In General.— Subject to subsection (b), using amounts available in the revolving fund established by the first section of the Civil Functions Appropriations Act, 1954 (33 U.S.C. 576), and not otherwise obligated, the Secretary may—

(1)

design and construct the lab and office facility for a Mandatory Center of Expertise in Branson, Missouri, described in the prospectus submitted to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate on June 10, 2022, pursuant to subsection (c) of such Act (33 U.S.C. 576(c)), substantially in accordance with such prospectus; and

(2)

carry out such construction and infrastructure improvements as are required to support such lab and office facility, including any necessary demolition of the existing infrastructure.

(b)

Requirement.— In carrying out subsection (a), the Secretary shall ensure that the revolving fund established by the first section of the Civil Functions Appropriations Act, 1954 (33 U.S.C. 576) is appropriately reimbursed from funds appropriated for Corps of Engineers programs that benefit from the lab and office facility constructed under this section.

TITLE LXXXV Clean Water

SEC. 8501. Regional Water Programs.

(a)

San Francisco Bay Restoration Grant Program.— Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following:

“SEC. 125. SAN FRANCISCO BAY RESTORATION GRANT PROGRAM.

“(a) Definitions.—In this section:

“(1) Estuary partnership.—The term ‘Estuary Partnership’ means the San Francisco Estuary Partnership, designated as the management conference for the San Francisco Bay under section 320.

“(2) San francisco bay plan.—The term ‘San Francisco Bay Plan’ means—

“(A) until the date of the completion of the plan developed by the Director under subsection (d), the comprehensive conservation and management plan approved under section 320 for the San Francisco Bay estuary; and

“(B) on and after the date of the completion of the plan developed by the Director under subsection (d), the plan developed by the Director under subsection (d).

“(b) Program Office.—

“(1) Establishment.—The Administrator shall establish in the Environmental Protection Agency a San Francisco Bay Program Office. The Office shall be located at the headquarters of Region 9 of the Environmental Protection Agency.

“(2) Appointment of director.—The Administrator shall appoint a Director of the Office, who shall have management experience and technical expertise relating to the San Francisco Bay and be highly qualified to direct the development and implementation of projects, activities, and studies necessary to implement the San Francisco Bay Plan.

“(3) Delegation of authority; staffing.—The Administrator shall delegate to the Director such authority and provide such staff as may be necessary to carry out this section.

“(c) Annual Priority List.—

“(1) In general.—After providing public notice, the Director shall annually compile a priority list, consistent with the San Francisco Bay Plan, identifying and prioritizing the projects, activities, and studies to be carried out with amounts made available under subsection (e).

“(2) Inclusions.—The annual priority list compiled under paragraph (1) shall include the following:

“(A) Projects, activities, and studies, including restoration projects and habitat improvement for fish, waterfowl, and wildlife, that advance the goals and objectives of the San Francisco Bay Plan, for—

“(i) water quality improvement, including the reduction of marine litter;

“(ii) wetland, riverine, and estuary restoration and protection;

“(iii) nearshore and endangered species recovery; and

“(iv) adaptation to climate change.

“(B) Information on the projects, activities, and studies specified under subparagraph (A), including—

“(i) the identity of each entity receiving assistance pursuant to subsection (e); and

“(ii) a description of the communities to be served.

“(C) The criteria and methods established by the Director for identification of projects, activities, and studies to be included on the annual priority list.

“(3) Consultation.—In compiling the annual priority list under paragraph (1), the Director shall consult with, and consider the recommendations of—

“(A) the Estuary Partnership;

“(B) the State of California and affected local governments in the San Francisco Bay estuary watershed;

“(C) the San Francisco Bay Restoration Authority; and

“(D) any other relevant stakeholder involved with the protection and restoration of the San Francisco Bay estuary that the Director determines to be appropriate.

“(d) San Francisco Bay Plan.—

“(1) In general.—Not later than 5 years after the date of enactment of this section, the Director, in conjunction with the Estuary Partnership, shall review and revise the comprehensive conservation and management plan approved under section 320 for the San Francisco Bay estuary to develop a plan to guide the projects, activities, and studies of the Office to address the restoration and protection of the San Francisco Bay.

“(2) Revision of san francisco bay plan.—Not less often than once every 5 years after the date of the completion of the plan described in paragraph (1), the Director shall review, and revise as appropriate, the San Francisco Bay Plan.

“(3) Outreach.—In carrying out this subsection, the Director shall consult with the Estuary Partnership and Indian tribes and solicit input from other non-Federal stakeholders.

“(e) Grant Program.—

“(1) In general.—The Director may provide funding through cooperative agreements, grants, or other means to State and local agencies, special districts, and public or nonprofit agencies, institutions, and organizations, including the Estuary Partnership, for projects, activities, and studies identified on the annual priority list compiled under subsection (c).

“(2) Maximum amount of grants; non-federal share.—

“(A) Maximum amount of grants.—Amounts provided to any entity under this section for a fiscal year shall not exceed an amount equal to 75 percent of the total cost of any projects, activities, and studies that are to be carried out using those amounts.

“(B) Non-federal share.—Not less than 25 percent of the cost of any project, activity, or study carried out using amounts provided under this section shall be provided from non-Federal sources.

“(f) Funding.—

“(1) Administrative expenses.—Of the amount made available to carry out this section for a fiscal year, the Director may not use more than 5 percent to pay administrative expenses incurred in carrying out this section.

“(2) Prohibition.—No amounts made available under this section may be used for the administration of a management conference under section 320.”

(b)

Puget Sound Coordinated Recovery.— Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is further amended by adding at the end the following:

“SEC. 126. PUGET SOUND.

“(a) Definitions.—In this section:

“(1) Coastal nonpoint pollution control program.—The term ‘Coastal Nonpoint Pollution Control Program’ means the State of Washington’s Coastal Nonpoint Pollution Control Program approved under section 6217 of the Coastal Zone Act Reauthorization Amendments of 1990.

“(2) Director.—The term ‘Director’ means the Director of the Program Office.

“(3) Federal action plan.—The term ‘Federal Action Plan’ means the plan developed under subsection (c)(3)(B).

“(4) International joint commission.—The term ‘International Joint Commission’ means the International Joint Commission established by the Treaty relating to the boundary waters and questions arising along the boundary between the United States and Canada, signed at Washington January 11, 1909, and entered into force May 5, 1910 (36 Stat. 2448; TS 548; 12 Bevans 319).

“(5) Pacific salmon commission.—The term ‘Pacific Salmon Commission’ means the Pacific Salmon Commission established by the United States and Canada under the Treaty concerning Pacific salmon, with annexes and memorandum of understanding, signed at Ottawa January 28, 1985, and entered into force March 18, 1985 (TIAS 11091; 1469 UNTS 357) (commonly known as the ‘Pacific Salmon Treaty’).

“(6) Program office.—The term ‘Program Office’ means the Puget Sound Recovery National Program Office established by subsection (b).

“(7) Puget sound action agenda; action agenda.—The term ‘Puget Sound Action Agenda’ or ‘Action Agenda’ means the most recent plan developed by the Puget Sound National Estuary Program Management Conference, in consultation with the Puget Sound Tribal Management Conference, and approved by the Administrator as the comprehensive conservation and management plan for the Puget Sound under section 320.

“(8) Puget sound federal leadership task force.—The term ‘Puget Sound Federal Leadership Task Force’ means the Puget Sound Federal Leadership Task Force established under subsection (c).

“(9) Puget sound federal task force.—The term ‘Puget Sound Federal Task Force’ means the Puget Sound Federal Task Force established in 2016 under a memorandum of understanding among 9 Federal agencies.

“(10) Puget sound national estuary program management conference.—The term ‘Puget Sound National Estuary Program Management Conference’ means the management conference for the Puget Sound convened pursuant to section 320.

“(11) Puget sound partnership.—The term ‘Puget Sound Partnership’ means the State agency created under the laws of the State of Washington (section 90.71.210 of the Revised Code of Washington), or its successor agency that has been designated by the Administrator as the lead entity to support the Puget Sound National Estuary Program Management Conference.

“(12) Puget sound region.—

“(A) In general.—The term ‘Puget Sound region’ means the land and waters in the northwest corner of the State of Washington from the Canadian border to the north to the Pacific Ocean on the west, including Hood Canal and the Strait of Juan de Fuca.

“(B) Inclusion.—The term ‘Puget Sound region’ includes all watersheds that drain into the Puget Sound.

“(13) Puget sound tribal management conference.—The term ‘Puget Sound Tribal Management Conference’ means the 20 treaty Indian tribes of western Washington and the Northwest Indian Fisheries Commission.

“(14) Salish sea.—The term ‘Salish Sea’ means the network of coastal waterways on the west coast of North America that includes the Puget Sound, the Strait of Georgia, and the Strait of Juan de Fuca.

“(15) Salmon recovery plans.—The term ‘Salmon Recovery Plans’ means the recovery plans for salmon and steelhead species approved by the Secretary of the Interior under section 4(f) of the Endangered Species Act of 1973 that are applicable to the Puget Sound region.

“(16) State advisory committee.—The term ‘State Advisory Committee’ means the advisory committee established by subsection (d).

“(17) Treaty rights at risk initiative.—The term ‘Treaty Rights at Risk Initiative’ means the report from the treaty Indian tribes of western Washington entitled ‘Treaty Rights At Risk: Ongoing Habitat Loss, the Decline of the Salmon Resource, and Recommendations for Change’ and dated July 14, 2011, or its successor report that outlines issues and offers solutions for the protection of Tribal treaty rights, recovery of salmon habitat, and management of sustainable treaty and nontreaty salmon fisheries, including through Tribal salmon hatchery programs.

“(b) Puget Sound Recovery National Program Office.—

“(1) Establishment.—There is established in the Environmental Protection Agency a Puget Sound Recovery National Program Office, to be located in the State of Washington.

“(2) Director.—

“(A) In general.—There shall be a Director of the Program Office, who shall have leadership and project management experience and shall be highly qualified to—

“(i) direct the integration of multiple project planning efforts and programs from different agencies and jurisdictions; and

“(ii) align numerous, and possibly competing, priorities to accomplish visible and measurable outcomes under the Action Agenda.

“(B) Position.—The position of Director of the Program Office shall be a career reserved position, as such term is defined in section 3132 of title 5, United States Code.

“(3) Delegation of authority; staffing.—Using amounts made available to carry out this section, the Administrator shall delegate to the Director such authority and provide such staff as may be necessary to carry out this section.

“(4) Duties.—The Director shall—

“(A) coordinate and manage the timely execution of the requirements of this section, including the formation and meetings of the Puget Sound Federal Leadership Task Force;

“(B) coordinate activities related to the restoration and protection of the Puget Sound across the Environmental Protection Agency;

“(C) coordinate and align the activities of the Administrator with the Action Agenda, Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program;

“(D) promote the efficient use of Environmental Protection Agency resources in pursuit of the restoration and protection of the Puget Sound;

“(E) serve on the Puget Sound Federal Leadership Task Force and collaborate with, help coordinate, and implement activities with other Federal agencies that have responsibilities involving the restoration and protection of the Puget Sound;

“(F) provide or procure such other advice, technical assistance, research, assessments, monitoring, or other support as is determined by the Director to be necessary or prudent to most efficiently and effectively fulfill the objectives and priorities of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program, consistent with the best available science, to ensure the health of the Puget Sound ecosystem;

“(G) track the progress of the Environmental Protection Agency toward meeting the agency’s specified objectives and priorities within the Action Agenda and the Federal Action Plan;

“(H) implement the recommendations of the Comptroller General set forth in the report entitled ‘Puget Sound Restoration: Additional Actions Could Improve Assessments of Progress’ and dated July 19, 2018;

“(I) serve as liaison and coordinate activities for the restoration and protection of the Salish Sea with Canadian authorities, the Pacific Salmon Commission, and the International Joint Commission; and

“(J) carry out such additional duties as the Director determines necessary and appropriate.

“(c) Puget Sound Federal Leadership Task Force.—

“(1) Establishment.—There is established a Puget Sound Federal Leadership Task Force.

“(2) Membership.—

“(A) Composition.—The Puget Sound Federal Leadership Task Force shall be composed of the following members:

“(i) The following individuals appointed by the Secretary of Agriculture:

“(I) A representative of the National Forest Service.

“(II) A representative of the Natural Resources Conservation Service.

“(ii) A representative of the National Oceanic and Atmospheric Administration appointed by the Secretary of Commerce.

“(iii) The following individuals appointed by the Secretary of Defense:

“(I) A representative of the Corps of Engineers.

“(II) A representative of the Joint Base Lewis-McChord.

“(III) A representative of the Commander, Navy Region Northwest.

“(iv) The Director of the Program Office.

“(v) The following individuals appointed by the Secretary of Homeland Security:

“(I) A representative of the Coast Guard.

“(II) A representative of the Federal Emergency Management Agency.

“(vi) The following individuals appointed by the Secretary of the Interior:

“(I) A representative of the Bureau of Indian Affairs.

“(II) A representative of the United States Fish and Wildlife Service.

“(III) A representative of the United States Geological Survey.

“(IV) A representative of the National Park Service.

“(vii) The following individuals appointed by the Secretary of Transportation:

“(I) A representative of the Federal Highway Administration.

“(II) A representative of the Federal Transit Administration.

“(viii) Representatives of such other Federal agencies, programs, and initiatives as the other members of the Puget Sound Federal Leadership Task Force determines necessary.

“(B) Qualifications.—Members appointed under this paragraph shall have experience and expertise in matters of restoration and protection of large watersheds and bodies of water, or related experience that will benefit the restoration and protection of the Puget Sound.

“(C) Co-chairs.—

“(i) In general.—The following members of the Puget Sound Federal Leadership Task Force shall serve as Co-Chairs of the Puget Sound Federal Leadership Task Force:

“(I) The representative of the National Oceanic and Atmospheric Administration.

“(II) The Director of the Program Office.

“(III) The representative of the Corps of Engineers.

“(ii) Leadership.—The Co-Chairs shall ensure the Puget Sound Federal Leadership Task Force completes its duties through robust discussion of all relevant issues. The Co-Chairs shall share leadership responsibilities equally.

“(3) Duties.—

“(A) General duties.—The Puget Sound Federal Leadership Task Force shall—

“(i) uphold Federal trust responsibilities to restore and protect resources crucial to Tribal treaty rights, including by carrying out government-to-government consultation with Indian tribes when requested by such tribes;

“(ii) provide a venue for dialogue and coordination across all Federal agencies represented by a member of the Puget Sound Federal Leadership Task Force to align Federal resources for the purposes of carrying out the requirements of this section and all other Federal laws that contribute to the restoration and protection of the Puget Sound, including by—

“(I) enabling and encouraging such agencies to act consistently with the objectives and priorities of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program;

“(II) facilitating the coordination of Federal activities that impact such restoration and protection;

“(III) facilitating the delivery of feedback given by such agencies to the Puget Sound Partnership during the development of the Action Agenda;

“(IV) facilitating the resolution of interagency conflicts associated with such restoration and protection among such agencies;

“(V) providing a forum for exchanging information among such agencies regarding activities being conducted, including obstacles or efficiencies found, during restoration and protection activities; and

“(VI) promoting the efficient use of government resources in pursuit of such restoration and protection through coordination and collaboration, including by ensuring that the Federal efforts relating to the science necessary for such restoration and protection are consistent, and not duplicative, across the Federal Government;

“(iii) catalyze public leaders at all levels to work together toward shared goals by demonstrating interagency best practices coming from such agencies;

“(iv) provide advice and support on scientific and technical issues and act as a forum for the exchange of scientific information about the Puget Sound;

“(v) identify and inventory Federal environmental research and monitoring programs related to the Puget Sound, and provide such inventory to the Puget Sound National Estuary Program Management Conference;

“(vi) ensure that Puget Sound restoration and protection activities are as consistent as practicable with ongoing restoration and protection and related efforts in the Salish Sea that are being conducted by Canadian authorities, the Pacific Salmon Commission, and the International Joint Commission;

“(vii) ensure that Puget Sound restoration and protection activities are consistent with national security interests;

“(viii) establish any working groups or committees necessary to assist the Puget Sound Federal Leadership Task Force in its duties, including relating to public policy and scientific issues; and

“(ix) raise national awareness of the significance of the Puget Sound.

“(B) Puget sound federal action plan.—

“(i) In general.—Not later than 5 years after the date of enactment of this section, the Puget Sound Federal Leadership Task Force shall develop and approve a Federal Action Plan that leverages Federal programs across agencies and serves to coordinate diverse programs and priorities for the restoration and protection of the Puget Sound.

“(ii) Revision of puget sound federal action plan.—Not less often than once every 5 years after the date of approval of the Federal Action Plan under clause (i), the Puget Sound Federal Leadership Task Force shall review, and revise as appropriate, the Federal Action Plan.

“(C) Feedback by federal agencies.—In facilitating feedback under subparagraph (A)(ii)(III), the Puget Sound Federal Leadership Task Force shall request Federal agencies to consider, at a minimum, possible Federal actions within the Puget Sound region designed to—

“(i) further the goals, targets, and actions of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program;

“(ii) as applicable, implement and enforce this Act, the Endangered Species Act of 1973, and all other Federal laws that contribute to the restoration and protection of the Puget Sound, including those that protect Tribal treaty rights;

“(iii) prevent the introduction and spread of invasive species;

“(iv) protect marine and wildlife habitats;

“(v) protect, restore, and conserve forests, wetlands, riparian zones, and nearshore waters;

“(vi) promote resilience to climate change and ocean acidification effects;

“(vii) restore fisheries so that they are sustainable and productive;

“(viii) preserve biodiversity;

“(ix) restore and protect ecosystem services that provide clean water, filter toxic chemicals, and increase ecosystem resilience; and

“(x) improve water quality, including by preventing and managing stormwater runoff, incorporating erosion control techniques and trash capture devices, using sustainable stormwater practices, and mitigating and minimizing nonpoint source pollution, including marine litter.

“(4) Participation of state advisory committee and puget sound tribal management conference.—The Puget Sound Federal Leadership Task Force shall carry out its duties with input from, and in collaboration with, the State Advisory Committee and the Puget Sound Tribal Management Conference, including by seeking advice and recommendations on the actions, progress, and issues pertaining to the restoration and protection of the Puget Sound.

“(5) Meetings.—

“(A) Initial meeting.—The Puget Sound Federal Leadership Task Force shall meet not later than 180 days after the date of enactment of this section—

“(i) to determine if all Federal agencies are properly represented;

“(ii) to establish the bylaws of the Puget Sound Federal Leadership Task Force;

“(iii) to establish necessary working groups or committees; and

“(iv) to determine subsequent meeting times, dates, and logistics.

“(B) Subsequent meetings.—After the initial meeting, the Puget Sound Federal Leadership Task Force shall meet, at a minimum, twice per year to carry out the duties of the Puget Sound Federal Leadership Task Force.

“(C) Working group meetings.—A meeting of any established working group or committee of the Puget Sound Federal Leadership Task Force shall not be considered a biannual meeting for purposes of subparagraph (B).

“(D) Joint meetings.—The Puget Sound Federal Leadership Task Force—

“(i) shall offer to meet jointly with the Puget Sound National Estuary Program Management Conference and the Puget Sound Tribal Management Conference, at a minimum, once per year; and

“(ii) may consider such a joint meeting to be a biannual meeting of the Puget Sound Federal Leadership Task Force for purposes of subparagraph (B).

“(E) Quorum.—A simple majority of the members of the Puget Sound Federal Leadership Task Force shall constitute a quorum.

“(F) Voting.—For the Puget Sound Federal Leadership Task Force to take an official action, a quorum shall be present, and at least a two-thirds majority of the members present shall vote in the affirmative.

“(6) Puget sound federal leadership task force procedures and advice.—

“(A) Advisors.—The Puget Sound Federal Leadership Task Force may seek advice and input from any interested, knowledgeable, or affected party as the Puget Sound Federal Leadership Task Force determines necessary to perform its duties.

“(B) Compensation.—A member of the Puget Sound Federal Leadership Task Force shall receive no additional compensation for service as a member on the Puget Sound Federal Leadership Task Force.

“(C) Travel expenses.—Travel expenses incurred by a member of the Puget Sound Federal Leadership Task Force in the performance of service on the Puget Sound Federal Leadership Task Force may be paid by the agency that the member represents.

“(7) Puget sound federal task force.—

“(A) In general.—On the date of enactment of this section, the 2016 memorandum of understanding establishing the Puget Sound Federal Task Force shall cease to be effective.

“(B) Use of previous work.—The Puget Sound Federal Leadership Task Force shall, to the extent practicable, use the work product produced, relied upon, and analyzed by the Puget Sound Federal Task Force in order to avoid duplicating the efforts of the Puget Sound Federal Task Force.

“(d) State Advisory Committee.—

“(1) Establishment.—There is established a State Advisory Committee.

“(2) Membership.—The State Advisory Committee shall consist of up to seven members designated by the governing body of the Puget Sound Partnership, in consultation with the Governor of Washington, who will represent Washington State agencies that have significant roles and responsibilities related to the restoration and protection of the Puget Sound.

“(e) Puget Sound Federal Leadership Task Force Biennial Report on Puget Sound Restoration and Protection Activities.—

“(1) In general.—Not later than 1 year after the date of enactment of this section, and biennially thereafter, the Puget Sound Federal Leadership Task Force, in collaboration with the Puget Sound Tribal Management Conference and the State Advisory Committee, shall submit to the President, Congress, the Governor of Washington, and the governing body of the Puget Sound Partnership a report that summarizes the progress, challenges, and milestones of the Puget Sound Federal Leadership Task Force relating to the restoration and protection of the Puget Sound.

“(2) Contents.—The report submitted under paragraph (1) shall include a description of the following:

“(A) The roles and progress of each State, local government entity, and Federal agency that has jurisdiction in the Puget Sound region relating to meeting the identified objectives and priorities of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program.

“(B) If available, the roles and progress of Tribal governments that have jurisdiction in the Puget Sound region relating to meeting the identified objectives and priorities of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program.

“(C) A summary of specific recommendations concerning implementation of the Action Agenda and the Federal Action Plan, including challenges, barriers, and anticipated milestones, targets, and timelines.

“(D) A summary of progress made by Federal agencies toward the priorities identified in the Federal Action Plan.

“(f) Tribal Rights and Consultation.—

“(1) Preservation of tribal treaty rights.—Nothing in this section affects, or is intended to affect, any right reserved by treaty between the United States and one or more Indian tribes.

“(2) Consultation.—Nothing in this section affects any authorization or obligation of a Federal agency to consult with an Indian tribe under any other provision of law.

“(g) Consistency.—

“(1) In general.—Actions authorized or implemented under this section shall be consistent with—

“(A) the Salmon Recovery Plans;

“(B) the Coastal Nonpoint Pollution Control Program; and

“(C) the water quality standards of the State of Washington approved by the Administrator under section 303.

“(2) Federal actions.—All Federal agencies represented on the Puget Sound Federal Leadership Task Force shall act consistently with the protection of Tribal, treaty-reserved rights and, to the greatest extent practicable given such agencies’ existing obligations under Federal law, act consistently with the objectives and priorities of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program, when—

“(A) conducting Federal agency activities within or outside the Puget Sound that affect any land or water use or natural resources of the Puget Sound region, including activities performed by a contractor for the benefit of a Federal agency;

“(B) interpreting and enforcing regulations that impact the restoration and protection of the Puget Sound;

“(C) issuing Federal licenses or permits that impact the restoration and protection of the Puget Sound; and

“(D) granting Federal assistance to State, local, and Tribal governments for activities related to the restoration and protection of the Puget Sound.”

(c)

Lake Pontchartrain Basin Restoration Program.—

(1)

Review of comprehensive management plan.— Section 121 of the Federal Water Pollution Control Act (33 U.S.C. 1273) is amended—

(A)

in subsection (c)—

(i)

in paragraph (5), by striking “ ; and” and inserting a semicolon;

(ii)

in paragraph (6), by striking the period and inserting “ ; and”; and

(iii)

by adding at the end the following:

“(7) ensure that the comprehensive conservation and management plan approved for the Basin under section 320 is reviewed and revised in accordance with section 320 not less often than once every 5 years, beginning on the date of enactment of this paragraph.”

; and

(B)

in subsection (d), by striking “ recommended by a management conference convened for the Basin under section 320” and inserting “ identified in the comprehensive conservation and management plan approved for the Basin under section 320”.

(2)

Definitions.— Section 121(e)(1) of the Federal Water Pollution Control Act (33 U.S.C. 1273(e)(1)) is amended by striking “ , a 5,000 square mile” and inserting “ , a 10,000 square mile”.

(3)

Administrative costs.— Section 121(f) of the Federal Water Pollution Control Act (33 U.S.C. 1273(f)) is amended by adding at the end the following:

“(3) Administrative expenses.—Not more than 5 percent of the amounts appropriated to carry out this section may be used for administrative expenses.”

SEC. 8502. Nonpoint Source Management Programs.

Section 319(j) of the Federal Water Pollution Control Act (33 U.S.C. 1329(j)) is amended by striking “ subsections (h) and (i) not to exceed” and all that follows through “ fiscal year 1991” and inserting “ subsections (h) and (i) $200,000,000 for each of fiscal years 2023 through 2027”.

SEC. 8503. Wastewater Assistance to Colonias.

Section 307 of the Safe Drinking Water Act Amendments of 1996 (33 U.S.C. 1281 note) is amended—

(1)

in subsection (a)—

(A)

by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and

(B)

by inserting after paragraph (1) the following:

“(2) Covered entity.—The term ‘covered entity’ means each of the following:

“(A) A border State.

“(B) A local government with jurisdiction over an eligible community.”

(2)

in subsection (b), by striking “ border State” and inserting “ covered entity”;

(3)

in subsection (d), by striking “ shall not exceed 50 percent” and inserting “ may not be less than 80 percent”; and

(4)

in subsection (e)—

(A)

by striking “ $25,000,000” and inserting “ $100,000,000”; and

(B)

by striking “ 1997 through 1999” and inserting “ 2023 through 2027”.