II 

116TH CONGRESS 

2D SESSION H. R. 7575 

IN THE SENATE OF THE UNITED STATES 

JULY 30, 2020 

Received 

AN ACT 

To provide for improvements to the rivers and harbors of 

the United States, to provide for the conservation and 

development of water and related resources, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Water Resources Development Act of 2020’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Secretary defined. 

TITLE I—GENERAL PROVISIONS 

Sec. 101. Budgetary treatment expansion and adjustment for the Harbor Maintenance Trust Fund. 

Sec. 102. Funding for navigation. 

Sec. 103. Annual report to Congress on the Harbor Maintenance Trust Fund. 

Sec. 104. Additional measures at donor ports and energy transfer ports. 

Sec. 105. Assumption of maintenance of a locally preferred plan. 

Sec. 106. Coast Guard anchorages. 

Sec. 107. State contribution of funds for certain operation and maintenance 

costs. 

Sec. 108. Inland waterway projects. 

Sec. 109. Implementation of water resources principles and requirements. 

Sec. 110. Resiliency planning assistance. 

Sec. 111. Project consultation. 

Sec. 112. Review of resiliency assessments. 

Sec. 113. Small flood control projects. 

Sec. 114. Conforming amendment. 

Sec. 115. Feasibility studies; review of natural and nature-based features. 

Sec. 116. Report on corrosion prevention activities. 

Sec. 117. Quantification of benefits for flood risk management projects in seismic zones. 

Sec. 118. Federal interest determination. 

Sec. 119. Economically disadvantaged community flood protection and hurricane and storm damage reduction study pilot program. 

Sec. 120. Permanent measures to reduce emergency flood fighting needs for 

communities subject to repetitive flooding. 

Sec. 121. Emergency response to natural disasters. 

Sec. 122. Study on natural infrastructure at Corps of Engineers projects. 

Sec. 123. Review of Corps of Engineers assets. 

Sec. 124. Sense of Congress on multipurpose projects. 

Sec. 125. Beneficial reuse of dredged material; dredged material management 

plans. 

Sec. 126. Aquatic ecosystem restoration for anadromous fish. 

Sec. 127. Annual report to Congress. 

Sec. 128. Harmful algal bloom demonstration program. 

Sec. 129. Update on Invasive Species Policy Guidance. 

Sec. 130. Report on debris removal. 

Sec. 131. Missouri River interception-rearing complex construction. 

Sec. 132. Cost and benefit feasibility assessment. 

Sec. 133. Materials, services, and funds for repair, restoration, or rehabilitation 

of projects. 


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Sec. 134. Levee safety. 

Sec. 135. National Dam Safety Program. 

Sec. 136. Rehabilitation of Corps of Engineers constructed pump stations. 

Sec. 137. Non-Federal Project Implementation Pilot Program. 

Sec. 138. Definition of economically disadvantaged community. 

Sec. 139. Cost sharing provisions for territories and Indian Tribes. 

Sec. 140. Flood control and other purposes. 

Sec. 141. Review of contracting policies. 

Sec. 142. Buy America. 

Sec. 143. Annual report on status of feasibility studies. 

TITLE II—STUDIES AND REPORTS 

Sec. 201. Authorization of proposed feasibility studies. 

Sec. 202. Expedited completions. 

Sec. 203. Feasibility study modifications. 

Sec. 204. Selma, Alabama. 

Sec. 205. Comprehensive study of the Sacramento River, Yolo Bypass, California. 

Sec. 206. Lake Okeechobee regulation schedule, Florida. 

Sec. 207. Great Lakes Coastal Resiliency Study. 

Sec. 208. Rathbun Lake, Chariton River, Iowa. 

Sec. 209. Report on the status of restoration in the Louisiana coastal area. 

Sec. 210. Lower Mississippi River comprehensive study. 

Sec. 211. Upper Mississippi River Comprehensive Plan. 

Sec. 212. Lower Missouri Basin Flood Risk and Resiliency Study, Iowa, Kansas, Nebraska, and Missouri. 

Sec. 213. Portsmouth Harbor and Piscataqua River and Rye Harbor, New 

Hampshire. 

Sec. 214. Cougar and Detroit Dams, Willamette River Basin, Oregon. 

Sec. 215. Port Orford, Oregon. 

Sec. 216. Wilson Creek and Sloan Creek, Fairview, Texas. 

Sec. 217. GAO study on mitigation for water resources development projects. 

Sec. 218. GAO study on application of Harbor Maintenance Trust Fund expenditures. 

Sec. 219. GAO study on administration of environmental banks. 

Sec. 220. Study on Corps of Engineers concessionaire agreements. 

Sec. 221. Study on water supply and water conservation at water resources development projects. 

Sec. 222. PFAS review and inventory at Corps facilities. 

Sec. 223. Report on recreational facilities. 

TITLE III—DEAUTHORIZATIONS AND MODIFICATIONS 

Sec. 301. Deauthorization of inactive projects. 

Sec. 302. Abandoned and inactive noncoal mine restoration. 

Sec. 303. Tribal partnership program. 

Sec. 304. Lakes program. 

Sec. 305. Watercraft inspection stations. 

Sec. 306. Rehabilitation of Corps of Engineers constructed dams. 

Sec. 307. Chesapeake Bay Environmental Restoration and Protection Program. 

Sec. 308. Upper Mississippi River System Environmental Management Program. 

Sec. 309. McClellan-Kerr Arkansas River Navigation System. 

Sec. 310. Ouachita-Black River Navigation Project, Arkansas. 

Sec. 311. Sacramento River, Glenn-Colusa, California. 


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Sec. 312. Lake Isabella, California. 

Sec. 313. Lower San Joaquin River flood control project. 

Sec. 314. San Diego River and Mission Bay, San Diego County, California. 

Sec. 315. San Francisco, California, Waterfront Area. 

Sec. 316. Western Pacific Interceptor Canal, Sacramento River, California. 

Sec. 317. Rio Grande Environmental Management Program, Colorado, New 

Mexico, and Texas. 

Sec. 318. New London Harbor Waterfront Channel, Connecticut. 

Sec. 319. Washington Harbor, District of Columbia. 

Sec. 320. Big Cypress Seminole Indian Reservation Water Conservation Plan, 

Florida. 

Sec. 321. Central Everglades, Florida. 

Sec. 322. Miami River, Florida. 

Sec. 323. Julian Keen, Jr. Lock and Dam, Moore Haven, Florida. 

Sec. 324. Taylor Creek Reservoir and Levee L–73 (Section 1), Upper St. Johns 

River Basin, Florida. 

Sec. 325. Calcasieu River and Pass, Louisiana. 

Sec. 326. San Juan-Chama project; Abiquiu Dam, New Mexico. 

Sec. 327. Pawcatuck River, Little Narragansett Bay and Watch Hill Cove, 

Rhode Island and Connecticut. 

Sec. 328. Harris County, Texas. 

Sec. 329. Cap Sante Waterway, Washington. 

Sec. 330. Regional sediment management. 

Sec. 331. Additional assistance for critical projects. 

Sec. 332. Project modification authorizations. 

Sec. 333. Application of credit. 

Sec. 334. Project reauthorizations. 

Sec. 335. Conveyances. 

Sec. 336. Repeals. 

TITLE IV—WATER RESOURCES INFRASTRUCTURE 

Sec. 401. Project authorizations. 

Sec. 402. Special rules. 

Sec. 403. Authorization of projects based on feasibility studies prepared by nonFederal interests. 

TITLE V—BUDGETARY EFFECTS 

Sec. 501. Determination of Budgetary Effects. 

1 SEC. 2. SECRETARY DEFINED. 

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of the Army. 


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1 TITLE I—GENERAL PROVISIONS 

2 SEC. 101. BUDGETARY TREATMENT EXPANSION AND AD3 JUSTMENT FOR THE HARBOR MAINTENANCE 

4 TRUST FUND. 

5 (a) IN GENERAL.—Section 14003 of division B of the 

6 CARES Act (Public Law 116–136) is amended to read 

7 as follows: 

8 ‘‘SEC. 14003. Section 251(b)(2) of the Balanced 

9 Budget and Emergency Deficit Control Act of 1985 (2 

10 U.S.C. 901(b)(2)) is amended by adding at the end the 

11 following: 

12 ‘‘ ‘(H) HARBOR MAINTENANCE ACTIVI13 TIES.—If, for any fiscal year, appropriations for 

14 the Construction, Mississippi River and Tribu15 taries, and Operation and Maintenance ac16 counts of the Corps of Engineers are enacted 

17 that are derived from the Harbor Maintenance 

18 Trust Fund established under section 9505(a) 

19 of the Internal Revenue Code of 1986 and that 

20 the Congress designates in statute as being for 

21 harbor operations and maintenance activities, 

22 then the adjustment for that fiscal year shall be 

23 the total of such appropriations that are derived 

24 from such Fund and designated as being for 


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1 harbor operations and maintenance activi2 ties.’.’’. 

3 (b) EFFECTIVE DATE.—The amendment made by 

4 subsection (a) shall take effect as if included in the enact5 ment of the CARES Act (Public Law 116–136). 

6 SEC. 102. FUNDING FOR NAVIGATION. 

7 (a) FUNDING FOR NAVIGATION.—Section 210 of the 

8 Water Resources Development Act of 1986 (33 U.S.C. 

9 2238) is amended, in the section heading, by striking 

10 ‘‘AUTHORIZATION OF APPROPRIATIONS’’ and insert11 ing ‘‘FUNDING FOR NAVIGATION’’. 

12 (b) OPERATION AND MAINTENANCE OF HARBOR

13 PROJECTS.—Section 210(c) of the Water Resources De14 velopment Act of 1986 (33 U.S.C. 2238(c)) is amended— 

15 (1) by amending paragraph (1) to read as fol16 lows: 

17 ‘‘(1) IN GENERAL.—For each fiscal year, of the 

18 funds made available under this section (including 

19 funds appropriated from the Harbor Maintenance 

20 Trust Fund), the Secretary shall make expenditures 

21 to pay for operation and maintenance costs of the 

22 harbors and inland harbors referred to in subsection 

23 (a)(2), using— 

24 ‘‘(A) not less than 20 percent of such 

25 funds for emerging harbor projects, to the exVerDate Sep 11 2014 21:52 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7575.RDS H7575

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1 tent there are identifiable operations and main2 tenance needs, including eligible breakwater and 

3 jetty needs, at such harbor projects; 

4 ‘‘(B) not less than 12 percent of such 

5 funds for projects that are located within the 

6 Great Lakes Navigation System; 

7 ‘‘(C) 10 percent of such funds for ex8 panded uses carried out at donor ports, as such 

9 term is defined in section 2106 of the Water 

10 Resources Reform and Development Act of 

11 2014 (33 U.S.C. 2238c); and 

12 ‘‘(D) any remaining funds for operation 

13 and maintenance costs of any harbor or inland 

14 harbor referred to in subsection (a)(2) based on 

15 an equitable allocation of such funds among 

16 such harbors and inland harbors.’’; 

17 (2) by amending paragraph (3) to read as fol18 lows: 

19 ‘‘(3) ADDITIONAL USES AT EMERGING HAR20 BORS.— 

21 ‘‘(A) IN GENERAL.—In each fiscal year, 

22 the Secretary may use not more than 

23 $5,000,000 of funds designated for emerging 

24 harbor projects under paragraph (1)(A) to pay 

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1 nance dredging of a marina or berthing area, in 

2 an emerging harbor, that includes an area that 

3 is located adjacent to, or is accessible by, a 

4 Federal navigation project, subject to subpara5 graphs (B) and (C) of this paragraph. 

6 ‘‘(B) ELIGIBLE EMERGING HARBORS.— 

7 The Secretary may use funds as authorized 

8 under subparagraph (A) at an emerging harbor 

9 that— 

10 ‘‘(i) supports commercial activities, in11 cluding commercial fishing operations, 

12 commercial fish processing operations, rec13 reational and sport fishing, and commer14 cial boat yards; or 

15 ‘‘(ii) supports activities of the Sec16 retary of the department in which the 

17 Coast Guard is operating. 

18 ‘‘(C) COST-SHARING REQUIREMENTS.— 

19 The Secretary shall require a non-Federal inter20 est to contribute not less than 25 percent of the 

21 costs for maintenance dredging of that portion 

22 of a maintenance dredging project described in 

23 subparagraph (A) that is located outside of the 

24 Federal navigation project, which may be pro25 vided as an in-kind contribution, including 


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1 through the use of dredge equipment owned by 

2 non-Federal interest to carry out such activi3 ties.’’; and 

4 (3) by adding at the end the following: 

5 ‘‘(5) EMERGENCY EXPENDITURES.—Nothing in 

6 this subsection prohibits the Secretary from making 

7 an expenditure to pay for the operation and mainte8 nance costs of a specific harbor or inland harbor, in9 cluding the transfer of funding from the operation 

10 and maintenance of a separate project, if— 

11 ‘‘(A) the Secretary determines that the ac12 tion is necessary to address the navigation 

13 needs of a harbor or inland harbor where safe 

14 navigation has been severely restricted due to 

15 an unforeseen event; and 

16 ‘‘(B) the Secretary provides within 90 days 

17 of the action notice and information on the 

18 need for the action to the Committee on Envi19 ronment and Public Works and the Committee 

20 on Appropriations of the Senate and the Com21 mittee on Transportation and Infrastructure 

22 and the Committee on Appropriations of the 

23 House of Representatives.’’. 

24 (c) PRIORITIZATION.—Section 210 of the Water Re25 sources Development Act of 1986 (33 U.S.C. 2238) is 


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1 amended by striking subsection (d) and redesignating sub2 sections (e) and (f) as subsections (d) and (e), respectively. 

3 (d) ASSESSMENT OF HARBORS AND INLAND HAR4 BORS.—Section 210(d)(2)(A)(ii) of the Water Resources 

5 Development Act of 1986 (as so redesignated) is amended 

6 by striking ‘‘expanded uses at eligible harbors or inland 

7 harbors referred to in subsection (d)(2)’’ and inserting 

8 ‘‘uses described in paragraphs (1)(C) and (3) of sub9 section (c)’’. 

10 (e) DEFINITIONS.—Section 210(e) of the Water Re11 sources Development Act of 1986 (as so redesignated) is 

12 amended— 

13 (1) by striking paragraphs (6) through (9); 

14 (2) by redesignating paragraphs (3) through 

15 (5) as paragraphs (4) through (6), respectively; 

16 (3) by striking paragraph (2) and inserting the 

17 following: 

18 ‘‘(2) EMERGING HARBOR.—The term ‘emerging 

19 harbor’ means a harbor or inland harbor referred to 

20 in subsection (a)(2) that transits less than 

21 1,000,000 tons of cargo annually. 

22 ‘‘(3) EMERGING HARBOR PROJECT.—The term 

23 ‘emerging harbor project’ means a project that is as24 signed to an emerging harbor.’’; and 


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1 (4) in paragraph (4) (as so redesignated), by 

2 adding at the end the following: 

3 ‘‘(C) An in-water improvement, if the im4 provement— 

5 ‘‘(i) is for the seismic reinforcement of 

6 a wharf or other berthing structure, or the 

7 repair or replacement of a deteriorating 

8 wharf or other berthing structure, at a 

9 port facility; 

10 ‘‘(ii) benefits commercial navigation at 

11 the harbor; and 

12 ‘‘(iii) is located in, or adjacent to, a 

13 berth that is accessible to a Federal navi14 gation project. 

15 ‘‘(D) An activity to maintain slope stability 

16 at a berth in a harbor that is accessible to a 

17 Federal navigation project if such activity bene18 fits commercial navigation at the harbor.’’. 

19 SEC. 103. ANNUAL REPORT TO CONGRESS ON THE HARBOR 

20 MAINTENANCE TRUST FUND. 

21 Section 330 of the Water Resources Development Act 

22 of 1992 (26 U.S.C. 9505 note; 106 Stat. 4851) is amend23 ed— 

24 (1) in subsection (a)— 


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1 (A) by striking ‘‘and annually thereafter,’’ 

2 and inserting ‘‘and annually thereafter concur3 rent with the submission of the President’s an4 nual budget request to Congress,’’; and 

5 (B) by striking ‘‘Public Works and Trans6 portation’’ and inserting ‘‘Transportation and 

7 Infrastructure’’; and 

8 (2) in subsection (b)(1) by adding at the end 

9 the following: 

10 ‘‘(D) A description of the expected expend11 itures from the trust fund to meet the needs of 

12 navigation for the fiscal year of the budget re13 quest.’’. 

14 SEC. 104. ADDITIONAL MEASURES AT DONOR PORTS AND 

15 ENERGY TRANSFER PORTS. 

16 (a) DEFINITIONS.—Section 2106(a) of the Water Re17 sources Reform and Development Act of 2014 (33 U.S.C. 

18 2238c(a)) is amended— 

19 (1) in paragraph (3)(A)— 

20 (A) by amending clause (ii) to read as fol21 lows: 

22 ‘‘(ii) at which the total amount of har23 bor maintenance taxes collected (including 

24 the estimated taxes related to domestic 

25 cargo and cruise passengers) comprise not 


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1 less than $15,000,000 annually of the total 

2 funding of the Harbor Maintenance Trust 

3 Fund in each of the previous 3 fiscal 

4 years;’’; 

5 (B) in clause (iii), by inserting ‘‘(including 

6 the estimated taxes related to domestic cargo 

7 and cruise passengers)’’ after ‘‘taxes collected’’; 

8 and 

9 (C) in clause (iv), by striking ‘‘fiscal year 

10 2012’’ and inserting ‘‘each of the previous 3 fis11 cal years’’; 

12 (2) in paragraph (5)(B), by striking ‘‘fiscal year 

13 2012’’ each place it appears and inserting ‘‘each of 

14 the previous 3 fiscal years’’; 

15 (3) by redesignating paragraph (8) as para16 graph (9) and inserting after paragraph (7) the fol17 lowing: 

18 ‘‘(8) HARBOR MAINTENANCE TRUST FUND.— 

19 The term ‘Harbor Maintenance Trust Fund’ means 

20 the Harbor Maintenance Trust Fund established by 

21 section 9505 of the Internal Revenue Code of 

22 1986.’’; and 

23 (4) in paragraph (9), as so redesignated— 

24 (A) by amending subparagraph (B) to read 

25 as follows: 


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1 ‘‘(B) at which the total amount of harbor 

2 maintenance taxes collected (including the esti3 mated taxes related to domestic cargo and 

4 cruise passengers) comprise annually more than 

5 $5,000,000 but less than $15,000,000 of the 

6 total funding of the Harbor Maintenance Trust 

7 Fund in each of the previous 3 fiscal years;’’; 

8 (B) in subparagraph (C), by inserting ‘‘(in9 cluding the estimated taxes related to domestic 

10 cargo and cruise passengers)’’ after ‘‘taxes col11 lected’’; and 

12 (C) in subparagraph (D), by striking ‘‘fis13 cal year 2012’’ and inserting ‘‘each of the pre14 vious 3 fiscal years’’. 

15 (b) REPORT TO CONGRESS; AUTHORIZATION OF AP16 PROPRIATIONS.—Section 2106 of the Water Resources 

17 Reform and Development Act of 2014 (33 U.S.C. 2238c) 

18 is amended— 

19 (1) by striking subsection (e) and redesignating 

20 subsections (f) and (g) as subsections (e) and (f), re21 spectively; and 

22 (2) in subsection (e), as so redesignated— 

23 (A) in paragraph (1), by striking ‘‘2020’’ 

24 and inserting ‘‘2030’’; and 

25 (B) by striking paragraph (3). 


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1 SEC. 105. ASSUMPTION OF MAINTENANCE OF A LOCALLY 

2 PREFERRED PLAN. 

3 Section 204(f) of the Water Resources Development 

4 Act of 1986 (33 U.S.C. 2232(f)) is amended to read as 

5 follows: 

6 ‘‘(f) OPERATION AND MAINTENANCE.— 

7 ‘‘(1) ASSUMPTION OF MAINTENANCE.—When8 ever a non-Federal interest carries out improvements 

9 to a federally authorized harbor or inland harbor, 

10 the Secretary shall be responsible for operation and 

11 maintenance in accordance with section 101(b) if— 

12 ‘‘(A) before construction of the improve13 ments— 

14 ‘‘(i) the Secretary determines that the 

15 improvements are feasible and consistent 

16 with the purposes of this title; and 

17 ‘‘(ii) the Secretary and the non-Fed18 eral interest execute a written agreement 

19 relating to operation and maintenance of 

20 the improvements; 

21 ‘‘(B) the Secretary certifies that the 

22 project or separable element of the project is 

23 constructed in accordance with applicable per24 mits and appropriate engineering and design 

25 standards; and 


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1 ‘‘(C) the Secretary does not find that the 

2 project or separable element is no longer fea3 sible. 

4 ‘‘(2) FEDERAL FINANCIAL PARTICIPATION IN

5 THE COSTS OF A LOCALLY PREFERRED PLAN.—In 

6 the case of improvements determined by the Sec7 retary pursuant to paragraph (1)(A)(i) to deviate 

8 from the national economic development plan, the 

9 Secretary shall be responsible for all operation and 

10 maintenance costs of such improvements, as de11 scribed in section 101(b), including costs in excess 

12 of the costs of the national economic development 

13 plan, if the Secretary determines that the improve14 ments satisfy the requirements of paragraph (1).’’. 

15 SEC. 106. COAST GUARD ANCHORAGES. 

16 The Secretary is authorized to perform dredging at 

17 Federal expense within and adjacent to anchorages on the 

18 Columbia River established by the Coast Guard pursuant 

19 to section 7 of the Act of March 14, 1915 (33 U.S.C. 471), 

20 to provide safe anchorage for deep draft vessels commen21 surate with the authorized Federal navigation channel 

22 depth, including advanced maintenance. 


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1 SEC. 107. STATE CONTRIBUTION OF FUNDS FOR CERTAIN 

2 OPERATION AND MAINTENANCE COSTS. 

3 In carrying out eligible operations and maintenance 

4 activities within the Great Lakes Navigation System pur5 suant to section 210 of the Water Resources Development 

6 Act of 1986 (33 U.S.C. 2238) in a State that has imple7 mented any additional State limitation on the disposal of 

8 dredged material in the open waters of such State, the 

9 Secretary may, pursuant to section 5 of the Act of June 

10 22, 1936 (33 U.S.C. 701h), receive from such State, and 

11 expend, such funds as may be contributed by the State 

12 to cover the additional costs for operations and mainte13 nance activities for a harbor or inland harbor within such 

14 State that result from such limitation. 

15 SEC. 108. INLAND WATERWAY PROJECTS. 

16 (a) IN GENERAL.—Notwithstanding section 102 of 

17 the Water Resources Development Act of 1986 (33 U.S.C. 

18 2212), 35 percent of the costs of construction of any 

19 project for navigation on the inland waterways shall be 

20 paid from amounts appropriated from the Inland Water21 ways Trust Fund— 

22 (1) during each of fiscal years 2021 through 

23 2027; and 

24 (2) for a project the construction of which is 

25 initiated during such period, in each fiscal year until 

26 such construction is complete. 


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1 (b) PRIORITIZATION.—In selecting projects described 

2 in subsection (a) for which to initiate construction during 

3 any of fiscal years 2021 through 2027, the Secretary shall 

4 prioritize projects that are included in the most recent 20- 

5 year program for making capital investments developed 

6 under section 302(d) of the Water Resources Development 

7 Act of 1986 (33 U.S.C. 2251(d)). 

8 SEC. 109. IMPLEMENTATION OF WATER RESOURCES PRIN9 CIPLES AND REQUIREMENTS. 

10 (a) IN GENERAL.—Not later than 180 days after the 

11 date of enactment of this Act, the Secretary shall issue 

12 final agency-specific procedures necessary to implement 

13 the principles and requirements and the interagency 

14 guidelines. 

15 (b) DEVELOPMENT OF FUTURE WATER RESOURCES

16 DEVELOPMENT PROJECTS.—The procedures required by 

17 subsection (a) shall ensure that the Secretary, in the for18 mulation of future water resources development projects— 

19 (1) develops such projects in accordance with— 

20 (A) the guiding principles established by 

21 the principles and requirements; and 

22 (B) the national water resources planning 

23 policy established by section 2031(a) of the 

24 Water Resources Development Act of 2007 (42 

25 U.S.C. 1962–3(a)); and 


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1 (2) fully identifies and analyzes national eco2 nomic development benefits, regional economic devel3 opment benefits, environmental quality benefits, and 

4 other societal effects. 

5 (c) REVIEW AND UPDATE.—Every 5 years, the Sec6 retary shall review and, where appropriate, revise the pro7 cedures required by subsection (a). 

8 (d) PUBLIC REVIEW, NOTICE, AND COMMENT.—In 

9 issuing, reviewing, and revising the procedures required by 

10 this section, the Secretary shall— 

11 (1) provide notice to interested non-Federal 

12 stakeholders of the Secretary’s intent to revise the 

13 procedures; 

14 (2) provide opportunities for interested non15 Federal stakeholders to engage with, and provide 

16 input and recommendations to, the Secretary on the 

17 revision of the procedures; and 

18 (3) solicit and consider public and expert com19 ments. 

20 (e) DEFINITIONS.—In this section: 

21 (1) INTERAGENCY GUIDELINES.—The term 

22 ‘‘interagency guidelines’’ means the interagency 

23 guidelines contained in the document finalized by 

24 the Council on Environmental Quality pursuant to 

25 section 2031 of the Water Resources Development 


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1 Act of 2007 (42 U.S.C. 1962–3) in December 2014, 

2 to implement the principles and requirements. 

3 (2) PRINCIPLES AND REQUIREMENTS.—The 

4 term ‘‘principles and requirements’’ means the prin5 ciples and requirements contained in the document 

6 prepared by the Council on Environmental Quality 

7 pursuant to section 2031 of the Water Resources 

8 Development Act of 2007 (42 U.S.C. 1962–3), enti9 tled ‘‘Principles and Requirements for Federal In10 vestments in Water Resources’’, and dated March 

11 2013. 

12 SEC. 110. RESILIENCY PLANNING ASSISTANCE. 

13 (a) IN GENERAL.—Section 206(a) of the Flood Con14 trol Act of 1960 (33 U.S.C. 709a(a)) is amended by in15 serting ‘‘, to avoid repetitive flooding impacts, to antici16 pate, prepare, and adapt to changing climatic conditions 

17 and extreme weather events, and to withstand, respond to, 

18 and recover rapidly from disruption due to the flood haz19 ards’’ after ‘‘in planning to ameliorate the flood hazard’’. 

20 (b) PRIORITIZING FLOOD RISK RESILIENCY TECH21 NICAL ASSISTANCE FOR ECONOMICALLY DISADVANTAGED

22 COMMUNITIES.—In carrying out section 206 of the Flood 

23 Control Act of 1960 (33 U.S.C. 709a), the Secretary shall 

24 prioritize the provision of technical assistance to support 


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1 flood risk resiliency planning efforts of an economically 

2 disadvantaged community. 

3 SEC. 111. PROJECT CONSULTATION. 

4 (a) REPORTS REQUIRED.—Not later than 180 days 

5 after the date of enactment of this Act, the Secretary shall 

6 submit the following reports: 

7 (1) The report required under section 1214 of 

8 the Water Resources Development Act of 2018 (132 

9 Stat. 3809). 

10 (2) The report required under section 

11 1120(a)(3) of the Water Resources Development Act 

12 of 2016 (130 Stat. 1643). 

13 (b) CONSULTATION.— 

14 (1) AGENCIES AND TRIBES.—The Secretary 

15 shall ensure that all covered community consultation 

16 policies, regulations, and guidance of the Corps of 

17 Engineers continue to be implemented, and that con18 sultations with Federal and State agencies and In19 dian Tribes required for a water resources develop20 ment project are carried out. 

21 (2) COMMUNITIES.—The Secretary shall ensure 

22 that any covered communities, including such com23 munities identified in the reports submitted under 

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1 tion policies, regulations, and guidance of the Corps 

2 of Engineers. 

3 (3) PROJECT PLANNING AND CONSTRUCTION.— 

4 The Secretary shall ensure that covered communities 

5 are consulted in the development of water resources 

6 development project planning and construction, for 

7 the purposes of achieving environmental justice and 

8 addressing any disproportionate or adverse effects 

9 on such communities. 

10 (c) ENVIRONMENTAL JUSTICE UPDATES.— 

11 (1) IN GENERAL.—Not later than 1 year after 

12 the date of enactment of this Act, the Secretary 

13 shall update any policies, regulations, and guidance 

14 of the Corps of Engineers related to achieving envi15 ronmental justice for covered communities. 

16 (2) RECOMMENDATIONS AND CONSULTATION.— 

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

18 (A) consult with a wide array of represent19 atives of covered communities; and 

20 (B) use the recommendations from the re21 ports submitted under subsection (a). 

22 (d) COMMUNITY ENGAGEMENT.—The Secretary shall 

23 ensure that in carrying out authorized water resources de24 velopment projects in, and all other activities of the Corps 


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1 of Engineers related to, covered communities, the Corps 

2 of Engineers— 

3 (1) promotes the meaningful involvement of 

4 such communities in the project development and 

5 implementation, enforcement efforts, and other ac6 tivities of the Corps of Engineers; 

7 (2) provides guidance and technical assistance 

8 to such communities to increase understanding of 

9 the project development and implementation activi10 ties, regulations, and policies of the Corps of Engi11 neers; and 

12 (3) cooperates with State, Tribal, and local gov13 ernments with respect to activities carried out pur14 suant to this subsection. 

15 (e) TRIBAL LANDS AND CONSULTATION.—The Sec16 retary shall ensure that in carrying out authorized water 

17 resources development projects and in all other activities 

18 of the Corps of Engineers, that the Corps of Engineers— 

19 (1)(A) consults with Indian Tribes specifically 

20 on any Tribal lands near or adjacent to any activi21 ties of the Corps of Engineers, for purposes of iden22 tifying lands of ancestral, cultural, or religious im23 portance; and 


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1 (B) cooperates with Indian Tribes to avoid, or 

2 otherwise find alternate solutions with respect to, 

3 such lands; and 

4 (2)(A) consults with Indian Tribes specifically 

5 on any Tribal areas near or adjacent to any activi6 ties of the Corps of Engineers, for purposes of iden7 tifying lands, waters, and other resources critical to 

8 the livelihood of the Indian Tribes; and 

9 (B) cooperates with Indian Tribes to avoid, or 

10 otherwise find alternate solutions with respect to, 

11 such areas. 

12 (f) DEFINITIONS.—In this section: 

13 (1) COMMUNITY OF COLOR.—The term ‘‘com14 munity of color’’ means a community of individuals 

15 who are— 

16 (A) American Indian or Alaska Native; 

17 (B) Asian or Pacific Islander; 

18 (C) Black, not of Hispanic origin; or 

19 (D) Hispanic. 

20 (2) COVERED COMMUNITY.—The term ‘‘covered 

21 community’’ means each of the following: 

22 (A) A community of color. 

23 (B) An economically disadvantaged com24 munity. 

25 (C) A rural community. 


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1 (D) A Tribal or indigenous community. 

2 (3) STATE.—The term ‘‘State’’ means each of 

3 the several States, the District of Columbia, and 

4 each of the commonwealths, territories, and posses5 sions of the United States. 

6 SEC. 112. REVIEW OF RESILIENCY ASSESSMENTS. 

7 (a) RESILIENCY ASSESSMENT.— 

8 (1) IN GENERAL.—Not later than 180 days 

9 after the date of enactment of this section, and in 

10 conjunction with the development of procedures 

11 under section 109 of this Act, the Secretary is di12 rected to review, and where appropriate, revise the 

13 existing planning guidance documents and regula14 tions on the assessment of the effects of sea level 

15 rise on future water resources development projects 

16 to ensure that such guidance documents and regula17 tions are based on the best available, peer-reviewed 

18 science and data on the current and future effects 

19 of sea level rise on coastal communities. 

20 (2) COORDINATION.—In carrying out this sub21 section, the Secretary shall— 

22 (A) coordinate the review with the Engi23 neer Research and Development Center, other 

24 Federal and State agencies, and other relevant 

25 entities; and 


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1 (B) to the maximum extent practicable and 

2 where appropriate, utilize data provided to the 

3 Secretary by such agencies. 

4 (b) ASSESSMENT OF BENEFITS OF SEA LEVEL RISE

5 RESILIENCY IN FEASIBILITY REPORTS.— 

6 (1) IN GENERAL.—Upon the request of a non7 Federal interest, in carrying out a feasibility study 

8 for a project for flood risk mitigation, hurricane and 

9 storm damage risk reduction, or ecosystem restora10 tion under section 905 of the Water Resources De11 velopment Act of 1986 (33 U.S.C. 2282), the Sec12 retary shall consider whether the need for the 

13 project is predicated upon or exacerbated by condi14 tions related to sea level rise. 

15 (2) SEA LEVEL RISE RESILIENCY BENEFITS.— 

16 To the maximum extent practicable, in carrying out 

17 a study pursuant to paragraph (1), the Secretary 

18 shall document the potential effects of sea level rise 

19 on the project, and benefits of the project relating 

20 to sea level rise, during the 50-year period after the 

21 date of completion of the project. 

22 SEC. 113. SMALL FLOOD CONTROL PROJECTS. 

23 Section 205 of the Flood Control Act of 1948 (33 

24 U.S.C. 701s) is amended by inserting ‘‘, and projects that 

25 use natural features or nature-based features (as those 


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1 terms are defined in section 1184(a) of the Water Re2 sources Development Act of 2016 (33 U.S.C. 2289a(a))),’’ 

3 after ‘‘nonstructural projects’’. 

4 SEC. 114. CONFORMING AMENDMENT. 

5 Section 103(b) of the Water Resources Development 

6 Act of 1986 (33 U.S.C. 2213) is amended— 

7 (1) in the subsection heading, by striking 

8 ‘‘NONSTRUCTURAL FLOOD CONTROL PROJECTS’’ 

9 and inserting ‘‘PROJECTS USING NONSTRUCTURAL, 

10 NATURAL, OR NATURE-BASED FEATURES’’; and 

11 (2) in paragraph (1)— 

12 (A) by striking ‘‘nonstructural flood con13 trol measures’’ and inserting ‘‘a flood risk man14 agement or hurricane and storm damage risk 

15 reduction measure using a nonstructural fea16 ture, or a natural feature or nature-based fea17 ture (as those terms are defined in section 

18 1184(a) of the Water Resources Development 

19 Act of 2016 (33 U.S.C. 2289a(a))),’’; and 

20 (B) by striking ‘‘cash during construction 

21 of the project’’ and inserting ‘‘cash during con22 struction for a nonstructural feature if the costs 

23 of land, easements, rights-of-way, dredged ma24 terial disposal areas, and relocations for such 

25 feature are estimated to exceed 35 percent’’. 


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1 SEC. 115. FEASIBILITY STUDIES; REVIEW OF NATURAL AND 

2 NATURE-BASED FEATURES. 

3 (a) TECHNICAL CORRECTION.—Section 1149(c) of 

4 the Water Resources Development Act of 2018 (33 U.S.C. 

5 2282 note; 132 Stat. 3787) is amended by striking ‘‘nat6 ural infrastructure alternatives’’ and inserting ‘‘natural 

7 feature or nature-based feature alternatives (as such 

8 terms are defined in section 1184 of the Water Resources 

9 Development Act of 2016 (32 U.S.C. 2289a))’’. 

10 (b) SUMMARY OF ANALYSIS.—To the maximum ex11 tent practicable, the Secretary shall include in each feasi12 bility report developed under section 905 of the Water Re13 sources Development Act of 1986 (33 U.S.C. 2282) for 

14 a project that contains a flood risk management or hurri15 cane and storm damage risk reduction element, a sum16 mary of the natural feature or nature-based feature alter17 natives that were evaluated in the development of the fea18 sibility report, and, if such alternatives were not included 

19 in the recommended plan, an explanation of why such al20 ternatives were not included into the recommended plan. 

21 SEC. 116. REPORT ON CORROSION PREVENTION ACTIVI22 TIES. 

23 Not later than 180 days after the date of enactment 

24 of this Act, the Secretary shall submit to the Committee 

25 on Transportation and Infrastructure of the House of 

26 Representatives and the Committee on Environment and 


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1 Public Works of the Senate, and make publicly available, 

2 a report that describes— 

3 (1) the extent to which the Secretary has car4 ried out section 1033 of the Water Resources Re5 form and Development Act of 2014 (33 U.S.C. 

6 2350); 

7 (2) the extent to which the Secretary has incor8 porated corrosion prevention activities (as defined in 

9 such section) at water resources development 

10 projects constructed or maintained by the Secretary 

11 since the date of enactment of such section; and 

12 (3) in instances where the Secretary has not in13 corporated corrosion prevention activities at such 

14 water resources development projects since such 

15 date, an explanation as to why such corrosion pre16 vention activities have not been incorporated. 

17 SEC. 117. QUANTIFICATION OF BENEFITS FOR FLOOD RISK 

18 MANAGEMENT PROJECTS IN SEISMIC ZONES. 

19 (a) IN GENERAL.—Upon the request of the non-Fed20 eral interest for a flood risk management project in a seis21 mic zone, the Secretary shall quantify the seismic hazard 

22 risk reduction benefits for the project if the non-Federal 

23 interest identifies, and the Secretary approves, an accept24 able methodology to quantify such benefits. 

25 (b) APPLICABILITY.—The Secretary shall— 


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1 (1) include all associated seismic hazard risk re2 duction benefits approved by the Secretary in the 

3 calculation of the national economic development 

4 benefit-cost ratio for a flood risk management 

5 project in a seismic hazard zone for purposes of plan 

6 formulation pursuant to section 905 of the Water 

7 Resources Development Act of 1986; and 

8 (2) seek to maximize the combination of flood 

9 risk reduction and seismic hazard risk reduction 

10 benefits in the formulation of the national economic 

11 development alternative for such project. 

12 SEC. 118. FEDERAL INTEREST DETERMINATION. 

13 Section 905 of the Water Resources Development Act 

14 of 1986 (33 U.S.C. 2282) is amended by inserting after 

15 subsection (a) the following: 

16 ‘‘(b) FEDERAL INTEREST DETERMINATION.— 

17 ‘‘(1) IN GENERAL.—In preparing a feasibility 

18 report under subsection (a) for a study that will ben19 efit an economically disadvantaged community, upon 

20 request by the non-Federal interest for the study, 

21 the Secretary shall first determine the Federal inter22 est in carrying out the study and the projects that 

23 may be proposed in the study. 

24 ‘‘(2) COST SHARE.—The costs of a determina25 tion under paragraph (1)— 


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1 ‘‘(A) shall be at Federal expense; and 

2 ‘‘(B) shall not exceed $200,000. 

3 ‘‘(3) DEADLINE.—A determination under para4 graph (1) shall be completed by not later than 120 

5 days after the date on which funds are made avail6 able to the Secretary to carry out the determination. 

7 ‘‘(4) TREATMENT.— 

8 ‘‘(A) TIMING.—The period during which a 

9 determination is being completed under para10 graph (1) for a study shall not be included for 

11 purposes of the deadline to complete a final fea12 sibility report under section 1001(a)(1) of the 

13 Water Resources Reform and Development Act 

14 of 2014 (33 U.S.C. 2282c(a)(1)). 

15 ‘‘(B) COST.—The cost of a determination 

16 under paragraph (1) shall not be included for 

17 purposes of the maximum Federal cost under 

18 section 1001(a)(2) of the Water Resources Re19 form and Development Act of 2014 (33 U.S.C. 

20 2282c(a)(2)). 

21 ‘‘(5) REPORT TO NON-FEDERAL INTEREST.—If, 

22 based on a determination under paragraph (1), the 

23 Secretary determines that a study or project is not 

24 in the Federal interest because the project will not 

25 result, or is unlikely to result, in a recommended 


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1 plan that will produce national economic develop2 ment benefits greater than cost, but may result in 

3 a technically sound and environmentally acceptable 

4 plan that is otherwise consistent with section 904 of 

5 the Water Resources Development Act of 1986 (33 

6 U.S.C. 2281), the Secretary shall issue a report to 

7 the non-Federal interest with recommendations on 

8 how the non-Federal interest might modify the pro9 posal such that the project could be in the Federal 

10 interest and feasible.’’. 

11 SEC. 119. ECONOMICALLY DISADVANTAGED COMMUNITY 

12 FLOOD PROTECTION AND HURRICANE AND 

13 STORM DAMAGE REDUCTION STUDY PILOT 

14 PROGRAM. 

15 (a) IN GENERAL.—Not later than 180 days after the 

16 date of enactment of this Act, the Secretary shall establish 

17 and implement a pilot program to evaluate opportunities 

18 to address the flood risk management and hurricane and 

19 storm damage risk reduction needs of economically dis20 advantaged communities. 

21 (b) PARTICIPATION IN PILOT PROGRAM.—In car22 rying out subsection (a), the Secretary shall— 

23 (1) publish a notice in the Federal Register 

24 that requests from non-Federal interests proposals 

25 for the potential feasibility study of a flood risk 


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1 management project or hurricane and storm damage 

2 risk reduction project for an economically disadvan3 taged community; 

4 (2) upon request of a non-Federal interest for 

5 such a project, provide technical assistance to such 

6 non-Federal interest in the formulation of a proposal 

7 for a potential feasibility study to be submitted to 

8 the Secretary under the pilot program; and 

9 (3) review such proposals and select 10 feasi10 bility studies for such projects to be carried out by 

11 the Secretary, in coordination with the non-Federal 

12 interest, under this pilot program. 

13 (c) SELECTION CRITERIA.—In selecting a feasibility 

14 study under subsection (b)(3), the Secretary shall consider 

15 whether— 

16 (1) the percentage of people living in poverty in 

17 the county or counties (or county-equivalent entity 

18 or entities) in which the project is located is above 

19 the percentage of people living in poverty in the 

20 State, based on census bureau data; 

21 (2) the percentage of families with income 

22 above the poverty threshold but below the average 

23 household income in the county or counties (or coun24 ty-equivalent entity or entities) in which the project 


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1 is located is above the percentage of the same for 

2 the State, based on census bureau data; 

3 (3) the percentage of the population that identi4 fies as belonging to a minority or indigenous group 

5 in the county or counties (or county-equivalent enti6 ty or entities) in which the project is located is above 

7 the average percentage in the State, based on census 

8 bureau data; and 

9 (4) the project is addressing flooding or hurri10 cane or storm damage effects that have a dispropor11 tionate impact on a rural community or a commu12 nity of color (as such term is defined in section 111 

13 of this Act), including Tribal or indigenous peoples. 

14 (d) ADMINISTRATION.—Notwithstanding the require15 ments of section 105(a)(1)(A) of the Water Resources De16 velopment Act of 1986 (33 U.S.C. 2215), the Federal 

17 share of the cost of a feasibility study carried out under 

18 the pilot program shall be 100 percent. 

19 (e) GEOGRAPHIC DIVERSITY.—When selecting feasi20 bility studies under subsection (b)(3), the Secretary shall 

21 consider the geographic diversity among proposed 

22 projects. 

23 (f) STUDY REQUIREMENTS.—Feasibility studies car24 ried out under this subsection shall, to the maximum ex25 tent practical, incorporate natural features or natureVerDate Sep 11 2014 21:52 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H7575.RDS H7575

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1 based features (as such terms are defined in section 1184 

2 of the Water Resources Development Act of 2016 (33 

3 U.S.C. 2289a)), or a combination of such features and 

4 nonstructural features, that avoid or reduce at least 50 

5 percent of flood or storm damages in one or more of the 

6 alternatives included in the final alternatives evaluated. 

7 (g) NOTIFICATION.—The Secretary shall notify the 

8 Committee on Transportation and Infrastructure of the 

9 House of Representatives and the Committee on Environ10 ment and Public Works of the Senate of the selection of 

11 each feasibility study under the pilot program. 

12 (h) COMPLETION.—Upon completion of a feasibility 

13 report for a feasibility study selected to be carried out 

14 under this section, the Secretary shall transmit the report 

15 to Congress for authorization, and shall include the report 

16 in the next annual report submitted under section 7001 

17 of the Water Resources Reform and Development Act of 

18 2014 (33 U.S.C. 2282d). 

19 (i) SUNSET.—The authority to commence a feasi20 bility study under this section shall terminate on the date 

21 that is 10 years after the date of enactment of this Act. 

22 (j) REPORT.—Not later than 5 years and 10 years 

23 after the date of enactment of this Act, the Secretary shall 

24 submit to the Committee on Transportation and Infra25 structure of the House of Representatives and the ComVerDate Sep 11 2014 21:52 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H7575.RDS H7575

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1 mittee on Environment and Public Works of the Senate, 

2 and make publicly available, a report detailing the results 

3 of the pilot program carried out under this section, includ4 ing— 

5 (1) a description of proposals received from 

6 non-Federal interests pursuant to subsection (b)(1); 

7 (2) a description of technical assistance pro8 vided to non-Federal interests under subsection 

9 (b)(2); and 

10 (3) a description of proposals selected under 

11 subsection (b)(3) and criteria used to select such 

12 proposals. 

13 (k) STATE DEFINED.—In this section, the term 

14 ‘‘State’’ means each of the several States, the District of 

15 Columbia, and each of the commonwealths, territories, and 

16 possessions of the United States. 

17 SEC. 120. PERMANENT MEASURES TO REDUCE EMERGENCY 

18 FLOOD FIGHTING NEEDS FOR COMMUNITIES 

19 SUBJECT TO REPETITIVE FLOODING. 

20 (a) DEFINITIONS.—In this section: 

21 (1) AFFECTED COMMUNITY.—The term ‘‘af22 fected community’’ means a legally constituted pub23 lic body (as that term is used in section 221(b) of 

24 the Flood Control Act of 1970 (42 U.S.C. 1962d– 

25 5b(b))— 


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1 (A) with jurisdiction over an area that has 

2 been subject to flooding in two or more events 

3 in any 10-year period; and 

4 (B) that has received emergency flood5 fighting assistance, including construction of 

6 temporary barriers by the Secretary, under sec7 tion 5 of the Act of August 18, 1941 (33 

8 U.S.C. 701n) with respect to such flood events. 

9 (2) NATURAL FEATURE; NATURE-BASED FEA10 TURE.—The terms ‘‘natural feature’’ and ‘‘nature11 based feature’’ have the meanings given those terms 

12 in section 1184 of the Water Resources Development 

13 Act of 2016 (33 U.S.C. 2289a). 

14 (b) PROGRAM.— 

15 (1) IN GENERAL.—The Secretary is authorized 

16 to carry out a program to study, design, and con17 struct water resources development projects through 

18 measures involving, among other things, strength19 ening, raising, extending, realigning, or otherwise 

20 modifying existing flood control works, designing 

21 new works, and incorporating natural features, na22 ture-based features, or nonstructural features, as ap23 propriate to provide flood and coastal storm risk 

24 management to affected communities. 


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1 (2) CONSIDERATIONS.—In carrying out para2 graph (1), the Secretary shall, to the maximum ex3 tent practical, review and, where appropriate, incor4 porate natural features or nature-based features, or 

5 a combination of such features and nonstructural 

6 features, that avoid or reduce at least 50 percent of 

7 flood or storm damages in one or more of the alter8 natives included in the final alternatives evaluated. 

9 (3) CONSTRUCTION.— 

10 (A) IN GENERAL.—The Secretary may 

11 carry out a project described in paragraph (1) 

12 without further congressional authorization if— 

13 (i) the Secretary determines that the 

14 project— 

15 (I) is advisable to reduce the risk 

16 of flooding for an affected community; 

17 and 

18 (II) produces benefits that are in 

19 excess of the estimated costs; and 

20 (ii) the Federal share of the cost of 

21 the construction does not exceed 

22 $15,000,000. 

23 (B) SPECIFIC AUTHORIZATION.—If the 

24 Federal share of the cost of a project described 

25 in paragraph (1) exceeds $15,000,000, the SecVerDate Sep 11 2014 21:52 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H7575.RDS H7575

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1 retary shall submit the project recommendation 

2 to Congress for authorization prior to construc3 tion, and shall include the project recommenda4 tion in the next annual report submitted under 

5 section 7001 of the Water Resources Reform 

6 and Development Act of 2014. 

7 (C) FINANCING.— 

8 (i) CONTRIBUTIONS.—If, based on a 

9 study carried out pursuant to paragraph 

10 (1), the Secretary determines that a 

11 project described in paragraph (1) will not 

12 produce benefits greater than cost, the 

13 Secretary shall allow the affected commu14 nity to pay, or provide contributions equal 

15 to, an amount sufficient to make the re16 maining costs of design and construction 

17 of the project equal to the estimated value 

18 of the benefits of the project. 

19 (ii) EFFECT ON NON-FEDERAL

20 SHARE.—Amounts provided by an affected 

21 community under clause (i) shall be in ad22 dition to any payments or contributions 

23 the affected community is required to pro24 vide toward the remaining costs of design 

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1 tion 103 of the Water Resources Develop2 ment Act of 1986 (33 U.S.C. 2213). 

3 (4) ABILITY TO PAY.— 

4 (A) IN GENERAL.—Any cost-sharing agree5 ment for a project entered into pursuant to this 

6 section shall be subject to the ability of the af7 fected community to pay. 

8 (B) DETERMINATION.—The ability of any 

9 affected community to pay shall be determined 

10 by the Secretary in accordance with procedures 

11 established by the Secretary. 

12 (C) EFFECT OF REDUCTION.—Any reduc13 tion in the non-Federal share of the cost of a 

14 project described in paragraph (1) as a result 

15 of a determination under this paragraph shall 

16 not be included in the Federal share for pur17 poses of subparagraphs (A) and (B) of para18 graph (3). 

19 SEC. 121. EMERGENCY RESPONSE TO NATURAL DISASTERS. 

20 (a) IN GENERAL.—Section 5 of the Act of August 

21 18, 1941 (33 U.S.C. 701n) is amended— 

22 (1) in subsection (a), by adding at the end the 

23 following— 

24 ‘‘(5) FEASIBILITY STUDY.— 


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1 ‘‘(A) DETERMINATION.—Not later than 

2 180 days after receiving, from a non-Federal 

3 sponsor of a project to repair or rehabilitate a 

4 flood control work described in paragraph (1), 

5 a request to initiate a feasibility study to fur6 ther modify the relevant flood control work to 

7 provide for an increased level of protection, the 

8 Secretary shall provide to the non-Federal spon9 sor a written decision on whether the Secretary 

10 has the authority under section 216 of the 

11 Flood Control Act of 1970 (33 U.S.C. 549a) to 

12 undertake the requested feasibility study. 

13 ‘‘(B) RECOMMENDATION.—If the Secretary 

14 determines under subparagraph (B) that the 

15 Secretary does not have the authority to under16 take the requested feasibility study, the Sec17 retary shall include the request for a feasibility 

18 study in the annual report submitted under sec19 tion 7001 of the Water Resources Reform and 

20 Development Act of 2014.’’; 

21 (2) in subsection (c)— 

22 (A) in the subsection heading, by striking 

23 ‘‘LEVEE OWNERS MANUAL’’ and inserting 

24 ‘‘ELIGIBILITY’’; 


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1 (B) in paragraph (1), in the heading, by 

2 striking ‘‘IN GENERAL’’ and inserting ‘‘LEVEE

3 OWNER’S MANUAL’’; 

4 (C) by redesignating paragraphs (2) and 

5 (3) as paragraphs (3) and (4), respectively, and 

6 inserting after paragraph (1) the following: 

7 ‘‘(2) COMPLIANCE.— 

8 ‘‘(A) IN GENERAL.—Notwithstanding the 

9 status of compliance of a non-Federal interest 

10 with the requirements of a levee owner’s man11 ual described in paragraph (1), or with any 

12 other eligibility requirement established by the 

13 Secretary related to the maintenance and up14 keep responsibilities of the non-Federal interest, 

15 the Secretary shall consider the non-Federal in16 terest to be eligible for repair and rehabilitation 

17 assistance under this section if the non-Federal 

18 interest— 

19 ‘‘(i) enters into a written agreement 

20 with the Secretary that identifies any items 

21 of deferred or inadequate maintenance and 

22 upkeep identified by the Secretary prior to 

23 the natural disaster; and 


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1 ‘‘(ii) pays, during performance of the 

2 repair and rehabilitation work, all costs to 

3 address— 

4 ‘‘(I) any items of deferred or in5 adequate maintenance and upkeep 

6 identified by the Secretary; and 

7 ‘‘(II) any repair or rehabilitation 

8 work necessary to address damage the 

9 Secretary attributes to such deferred 

10 or inadequate maintenance or upkeep. 

11 ‘‘(B) ELIGIBILITY.—The Secretary may 

12 only enter into one agreement under subpara13 graph (A) with any non-Federal interest. 

14 ‘‘(C) SUNSET.—The authority of the Sec15 retary to enter into agreements under para16 graph (2) shall terminate on the date that is 5 

17 years after the date of enactment of this para18 graph.’’; and 

19 (D) in paragraph (3) (as so redesignated), 

20 by striking ‘‘this subsection’’ and inserting 

21 ‘‘paragraph (1)’’. 

22 SEC. 122. STUDY ON NATURAL INFRASTRUCTURE AT CORPS 

23 OF ENGINEERS PROJECTS. 

24 (a) DEFINITION OF NATURAL FEATURE AND NA25 TURE-BASED FEATURE.—In this section, the terms ‘‘natVerDate Sep 11 2014 21:52 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H7575.RDS H7575

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1 ural feature’’ and ‘‘nature-based feature’’ have the mean2 ings given those terms in section 1184(a) of the Water 

3 Resources Development Act of 2016 (33 U.S.C. 

4 2289a(a)). 

5 (b) STUDY.—Not later than 2 years after the date 

6 of enactment of this Act, the Comptroller General of the 

7 United States shall conduct, and submit to the Committee 

8 on Transportation and Infrastructure of the House of 

9 Representatives and the Committee on Environment and 

10 Public Works of the Senate, a report on the results of 

11 a study on the consideration by the Secretary of natural 

12 infrastructure, natural features, and nature-based fea13 tures in the study of the feasibility of projects for flood 

14 risk management, hurricane and storm damage risk re15 duction, and ecosystem restoration. 

16 (c) REQUIREMENTS.—The study under subsection 

17 (b) shall include— 

18 (1) a description of guidance or instructions 

19 issued, and other measures taken, by the Secretary 

20 to consider natural infrastructure, natural features, 

21 and nature-based features in project feasibility stud22 ies; 

23 (2) an assessment, based on information from 

24 relevant Federal and non-Federal sources, of— 


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1 (A) the costs, benefits, and effects associ2 ated with natural infrastructure, natural fea3 tures, and nature-based features recommended 

4 by the Secretary for flood risk management, 

5 hurricane and storm damage risk reduction, 

6 and ecosystem restoration; and 

7 (B) the effectiveness of natural infrastruc8 ture, natural features, and nature-based fea9 tures; 

10 (3) an analysis of projects for flood risk man11 agement, hurricane and storm damage risk reduc12 tion, and ecosystem restoration that have incor13 porated natural infrastructure, natural features, or 

14 nature-based features to identify best practices, in15 cluding for measuring project benefits and costs; 

16 (4) a description of any statutory, fiscal, regu17 latory, or other policy barriers to the appropriate 

18 consideration and use of a full array of natural in19 frastructure, natural features, and nature-based fea20 tures in carrying out feasibility studies and projects; 

21 and 

22 (5) any recommendations for changes to law, or 

23 to fiscal, regulatory, or other policies, to improve the 

24 use of natural infrastructure, natural features, and 


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1 nature-based features by the Corps of Engineers in 

2 carrying out feasibility studies and projects. 

3 SEC. 123. REVIEW OF CORPS OF ENGINEERS ASSETS. 

4 Section 6002 of the Water Resources Reform and De5 velopment Act of 2014 (128 Stat. 1349) is amended to 

6 read as follows: 

7 ‘‘SEC. 6002. REVIEW OF CORPS OF ENGINEERS ASSETS. 

8 ‘‘(a) ASSESSMENT.—The Secretary shall conduct an 

9 assessment of projects constructed by the Secretary for 

10 which the Secretary continues to have financial or oper11 ational responsibility. 

12 ‘‘(b) INVENTORY.—Not later than 18 months after 

13 the date of enactment of the Water Resources Develop14 ment Act of 2020, the Secretary shall, based on the as15 sessment carried out under subsection (a), develop an in16 ventory of projects or portions of projects— 

17 ‘‘(1) that are not needed for the missions of the 

18 Corps of Engineers; 

19 ‘‘(2) the modification of which, including 

20 though the use of natural features or nature-based 

21 features (as those terms are defined in section 

22 1184(a) of the Water Resources Development Act of 

23 2016 (33 U.S.C. 2289a(a)), could improve the sus24 tainable operations of the project, or reduce oper25 ation and maintenance costs for the project; or 


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1 ‘‘(3) that are no longer having project purposes 

2 adequately met by the Corps of Engineers, because 

3 of deferment of maintenance or other challenges, 

4 and the divestment of which to a non-Federal entity 

5 could better meet the local and regional needs for 

6 operation and maintenance. 

7 ‘‘(c) CRITERIA.—In conducting the assessment under 

8 subsection (a) and developing the inventory under sub9 section (b), the Secretary shall use the following criteria: 

10 ‘‘(1) The extent to which the project aligns with 

11 the current missions of the Corps of Engineers. 

12 ‘‘(2) The economic and environmental impacts 

13 of the project on existing communities in the vicinity 

14 of the project. 

15 ‘‘(3) The extent to which the divestment or 

16 modification of the project could reduce operation 

17 and maintenance costs of the Corps of Engineers. 

18 ‘‘(4) The extent to which the divestment or 

19 modification of the project is in the public interest. 

20 ‘‘(5) The extent to which investment of addi21 tional Federal resources in the project proposed for 

22 divestment or modification, including investment 

23 needed to bring the project to a good state of repair, 

24 is in the public interest. 


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1 ‘‘(6) The extent to which the authorized pur2 pose of the project is no longer being met. 

3 ‘‘(d) RECOMMENDATIONS OF NON-FEDERAL INTER4 ESTS.—A non-Federal interest for a project may rec5 ommend that the Secretary include such project in the as6 sessment or inventory required under this section. 

7 ‘‘(e) REPORT TO CONGRESS.— 

8 ‘‘(1) IN GENERAL.—Upon completion of the in9 ventory required by subsection (b), the Secretary 

10 shall submit to the Committee on Environment and 

11 Public Works of the Senate and the Committee on 

12 Transportation and Infrastructure of the House of 

13 Representatives, and make publicly available, a re14 port containing the findings of the Secretary with 

15 respect to the assessment and inventory required 

16 under this section. 

17 ‘‘(2) INCLUSION.—The Secretary shall list in an 

18 appendix any recommendation of a non-Federal in19 terest made with respect to a project under sub20 section (d) that the Secretary determines not to in21 clude in the inventory developed under subsection 

22 (b), based on the criteria in subsection (c), including 

23 information about the request and the reasons for 

24 the Secretary’s determination.’’. 


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1 SEC. 124. SENSE OF CONGRESS ON MULTIPURPOSE 

2 PROJECTS. 

3 It is the sense of Congress that the Secretary, in co4 ordination with non-Federal interests, should maximize 

5 the development, evaluation, and recommendation of 

6 project alternatives for future water resources develop7 ment projects that produce multiple project benefits, such 

8 as navigation, flood risk management, and ecosystem res9 toration benefits, including through the use of natural or 

10 nature-based features and the beneficial reuse of dredged 

11 material. 

12 SEC. 125. BENEFICIAL REUSE OF DREDGED MATERIAL; 

13 DREDGED MATERIAL MANAGEMENT PLANS. 

14 (a) NATIONAL POLICY ON THE BENEFICIAL REUSE

15 OF DREDGED MATERIAL.— 

16 (1) IN GENERAL.—It is the policy of the United 

17 States for the Corps of Engineers to maximize the 

18 beneficial reuse, in an environmentally acceptable 

19 manner, of suitable dredged material obtained from 

20 the construction or operation and maintenance of 

21 water resources development projects. 

22 (2) PLACEMENT OF DREDGED MATERIALS.— 

23 (A) IN GENERAL.—In evaluating the place24 ment of dredged material obtained from the 

25 construction or operation and maintenance of 


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1 water resources development projects, the Sec2 retary shall consider— 

3 (i) the suitability of the dredged mate4 rial for a full range of beneficial uses; and 

5 (ii) the economic and environmental 

6 benefits, efficiencies, and impacts (includ7 ing the effects on living coral) of using the 

8 dredged material for beneficial uses, in9 cluding, in the case of beneficial reuse ac10 tivities that involve more than one water 

11 resources development project, the benefits, 

12 efficiencies, and impacts that result from 

13 the combined activities. 

14 (B) CALCULATION OF FEDERAL STAND15 ARD.—The economic benefits and efficiencies 

16 from the beneficial use of dredged material con17 sidered by the Secretary under subparagraph 

18 (A) shall be included in any determination re19 lating to the ‘‘Federal standard’’ by the Sec20 retary under section 335.7 of title 33, Code of 

21 Federal Regulations for the placement or dis22 posal of such material. 

23 (b) BENEFICIAL USE OF DREDGED MATERIAL.— 


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1 (1) PILOT PROGRAM PROJECTS.—Section 1122 

2 of the Water Resources Development Act of 2016 

3 (33 U.S.C. 2326 note) is amended— 

4 (A) in subsection (b)(1), by striking ‘‘20’’ 

5 and inserting ‘‘30’’; and 

6 (B) in subsection (g), by striking ‘‘20’’ and 

7 inserting ‘‘30’’. 

8 (2) SENSE OF CONGRESS.—It is the sense of 

9 Congress that the Secretary, in selecting projects for 

10 the beneficial reuse of dredged materials under sec11 tion 1122 of the Water Resources Development Act 

12 of 2016 (33 U.S.C. 2326 note), should ensure the 

13 thorough evaluation of project submissions from 

14 rural, small, and economically disadvantaged com15 munities. 

16 (c) FIVE-YEAR REGIONAL DREDGED MATERIAL

17 MANAGEMENT PLANS.— 

18 (1) IN GENERAL.—Not later than 1 year after 

19 the date of enactment of this Act, and annually 

20 thereafter, the District Commander of each district 

21 of the Corps of Engineers that obtains dredged ma22 terial through the construction or operation and 

23 maintenance of a water resources development 

24 project shall, at Federal expense, develop and submit 

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1 ment plan in coordination with relevant State agen2 cies and stakeholders. 

3 (2) SCOPE.—Each plan developed under this 

4 subsection shall include— 

5 (A) a dredged material budget for each 

6 watershed or littoral system within the district; 

7 (B) an estimate of the amount of dredged 

8 material likely to be obtained through the con9 struction or operation and maintenance of all 

10 water resources development projects projected 

11 to be carried out within the district during the 

12 5-year period following submission of the plan, 

13 and the estimated timing for obtaining such 

14 dredged material; 

15 (C) an identification of potential water re16 sources development projects projected to be 

17 carried out within the district during such 5- 

18 year period that are suitable for, or that re19 quire, the placement of dredged material, and 

20 an estimate of the amount of dredged material 

21 placement capacity of such projects; 

22 (D) an evaluation of— 

23 (i) the suitability of the dredged mate24 rial for a full range of beneficial uses; and 


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1 (ii) the economic and environmental 

2 benefits, efficiencies, and impacts (includ3 ing the effects on living coral) of using the 

4 dredged material for beneficial uses, in5 cluding, in the case of beneficial reuse ac6 tivities that involve more than one water 

7 resources development project, the benefits, 

8 efficiencies, and impacts that result from 

9 the combined activities; and 

10 (E) the district-wide goals for beneficial 

11 reuse of the dredged material, including any ex12 pected cost savings from aligning and coordi13 nating multiple projects (including projects 

14 across Corps districts) in the reuse of the 

15 dredged material. 

16 (3) PUBLIC COMMENT.—In developing each 

17 plan under this subsection, each District Com18 mander shall provide notice and an opportunity for 

19 public comment. 

20 (4) PUBLIC AVAILABILITY.—Upon submission 

21 of each plan to the Secretary under this subsection, 

22 each District Commander shall make the plan pub23 licly available, including on a publicly available 

24 website. 

25 (d) DREDGE PILOT PROGRAM.— 


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1 (1) REVISIONS.—Section 1111 of the Water 

2 Resources Development Act of 2018 (33 U.S.C. 

3 2326 note) is amended— 

4 (A) in subsection (a), by striking ‘‘for the 

5 operation and maintenance of harbors and in6 land harbors’’ and all that follows through the 

7 period at the end and inserting the following: 

8 ‘‘for the operation and maintenance of— 

9 ‘‘(1) harbors and inland harbors referred to in 

10 section 210(a)(2) of the Water Resources Develop11 ment Act of 1986 (33 U.S.C. 2238(a)(2)); or 

12 ‘‘(2) inland and intracoastal waterways of the 

13 United States described in section 206 of the Inland 

14 Waterways Revenue Act of 1978 (33 U.S.C. 

15 1804).’’; and 

16 (B) in subsection (b), by striking ‘‘or in17 land harbors’’ and inserting ‘‘, inland harbors, 

18 or inland or intracoastal waterways’’. 

19 (2) COORDINATION WITH EXISTING AUTHORI20 TIES.—The Secretary may carry out the dredge pilot 

21 program authorized by section 1111 of the Water 

22 Resources Development Act of 2018 (33 U.S.C. 

23 2326 note) in coordination with Federal regional 

24 dredge demonstration programs in effect on the date 

25 of enactment of this Act. 


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1 SEC. 126. AQUATIC ECOSYSTEM RESTORATION FOR ANAD2 ROMOUS FISH. 

3 (a) ANADROMOUS FISH HABITAT AND PASSAGE.— 

4 Section 206 of the Water Resources Development Act of 

5 1996 (33 U.S.C. 2330) is amended— 

6 (1) in subsection (a), by adding at the end the 

7 following: 

8 ‘‘(3) ANADROMOUS FISH HABITAT AND PAS9 SAGE.— 

10 ‘‘(A) MEASURES.—A project under this 

11 section may include measures to improve habi12 tat or passage for anadromous fish, including— 

13 ‘‘(i) installing fish bypass structures 

14 on small water diversions; 

15 ‘‘(ii) modifying tide gates; and 

16 ‘‘(iii) restoring or reconnecting 

17 floodplains and wetlands that are impor18 tant for anadromous fish habitat or pas19 sage. 

20 ‘‘(B) BENEFITS.—A project that includes 

21 measures under this paragraph shall be formu22 lated to maximize benefits for the anadromous 

23 fish species benefitted by the project.’’; and 

24 (2) by adding at the end the following: 

25 ‘‘(g) PRIORITIZATION.—The Secretary shall give 

26 projects that include measures described in subsection 


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1 (a)(3) equal priority for implementation as other projects 

2 under this section.’’. 

3 SEC. 127. ANNUAL REPORT TO CONGRESS. 

4 Section 7001(c)(4)(B) of the Water Resources Re5 form and Development Act of 2014 (33 U.S.C. 

6 2282d(c)(4)(B)) is amended— 

7 (1) in clause (i), by striking ‘‘and’’ at the end; 

8 (2) by redesignating clause (ii) as clause (iii); 

9 and 

10 (3) by inserting after clause (i) the following: 

11 ‘‘(ii) the Secretary shall not include 

12 proposals in the appendix of the annual re13 port that otherwise meet the criteria for 

14 inclusion in the annual report solely on the 

15 basis that the proposals are for the pur16 poses of navigation, flood risk manage17 ment, ecosystem restoration, or municipal 

18 or agricultural water supply; and’’. 

19 SEC. 128. HARMFUL ALGAL BLOOM DEMONSTRATION PRO20 GRAM. 

21 (a) IN GENERAL.—The Secretary shall carry out a 

22 demonstration program to determine the causes of, and 

23 implement measures to effectively detect, prevent, treat, 

24 and eliminate, harmful algal blooms associated with water 

25 resources development projects. 


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1 (b) CONSULTATION; USE OF EXISTING DATA AND

2 PROGRAM AUTHORITIES.—In carrying out the demonstra3 tion program under subsection (a), the Secretary shall— 

4 (1) consult with the heads of appropriate Fed5 eral and State agencies; and 

6 (2) make maximum use of existing Federal and 

7 State data and ongoing programs and activities of 

8 Federal and State agencies, including the activities 

9 of the Secretary carried out through the Engineer 

10 Research and Development Center pursuant to sec11 tion 1109 of the Water Resources Development Act 

12 of 2018 (33 U.S.C. 610 note). 

13 (c) FOCUS AREAS.—In carrying out the demonstra14 tion program under subsection (a), the Secretary shall un15 dertake program activities related to harmful algal blooms 

16 in the Great Lakes, the tidal and inland waters of the 

17 State of New Jersey, the coastal and tidal waters of the 

18 State of Louisiana, the waterways of the counties that 

19 comprise the Sacramento-San Joaquin Delta, California, 

20 and Lake Okeechobee, Florida. 

21 SEC. 129. UPDATE ON INVASIVE SPECIES POLICY GUID22 ANCE. 

23 (a) IN GENERAL.—The Secretary shall periodically 

24 update the Invasive Species Policy Guidance, developed 

25 under section 104 of the River and Harbor Act of 1958 


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1 (33 U.S.C. 610) and the Nonindigenous Aquatic Nuisance 

2 Prevention and Control Act of 1990 (16 U.S.C. 4701 et 

3 seq.), in accordance with the most recent National 

4 Invasive Species Council Management Plan developed pur5 suant to Executive Order 13112. 

6 (b) INCLUSION.—The Secretary may include in the 

7 updated guidance invasive species specific efforts at feder8 ally authorized water resources development projects lo9 cated in— 

10 (1) high-altitude lakes; and 

11 (2) the Tennessee and Cumberland River ba12 sins. 

13 SEC. 130. REPORT ON DEBRIS REMOVAL. 

14 Section 1210 of the Water Resources Development 

15 Act of 2018 (132 Stat. 3808) is amended to read as fol16 lows: 

17 ‘‘SEC. 1210. REPORT ON DEBRIS REMOVAL. 

18 ‘‘Not later than 180 days after the date of enactment 

19 of the Water Resources Development Act of 2020, the Sec20 retary shall submit to Congress and make publicly avail21 able a report that describes— 

22 ‘‘(1) the extent to which, during the 10 fiscal 

23 years prior to such date of enactment, the Secretary 

24 has carried out section 3 of the Act of March 2, 

25 1945 (33 U.S.C. 603a); 


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1 ‘‘(2) how the Secretary has evaluated potential 

2 work to be carried out under that section; and 

3 ‘‘(3) the extent to which the Secretary plans to 

4 start, continue, or complete debris removal activities 

5 in the 3 years following submission of the report.’’. 

6 SEC. 131. MISSOURI RIVER INTERCEPTION-REARING COM7 PLEX CONSTRUCTION. 

8 (a) REPORT.—Not later than 1 year after the date 

9 of enactment of this Act, and annually thereafter, the Sec10 retary shall submit to the Committee on Transportation 

11 and Infrastructure of the House of Representatives and 

12 the Committee on Environment and Public Works of the 

13 Senate a report on the effects of any interception-rearing 

14 complex constructed on the Missouri River on— 

15 (1) flood risk management and navigation; and 

16 (2) the population recovery of the pallid stur17 geon, including baseline population counts. 

18 (b) NO ADDITIONAL IRC CONSTRUCTION.—The Sec19 retary may not authorize construction of an interception20 rearing complex on the Missouri River until the Sec21 retary— 

22 (1) submits the report required by subsection 

23 (a); 

24 (2) acting through the Engineer Research and 

25 Development Center, conducts further research on 


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1 interception-rearing complex design, including any 

2 effects on existing flows, flood risk management, and 

3 navigation; and 

4 (3) develops a plan— 

5 (A) to repair dikes and revetments that are 

6 affecting flood risk and bank erosion; and 

7 (B) to establish, repair, or improve water 

8 control structures at the headworks of con9 structed shallow water habitat side-channels. 

10 (c) FUTURE IRC CONSTRUCTION.— 

11 (1) PUBLIC COMMENT.—The Secretary shall 

12 provide an opportunity for comment from the public 

13 and the Governor of each affected State on any pro14 posals to construct an interception-rearing complex 

15 after the date of enactment of this Act. 

16 (2) PERIOD.—The public comment period re17 quired by paragraph (1) shall be not less than 90 

18 days for each proposal to construct an interception19 rearing complex on the Missouri River. 

20 SEC. 132. COST AND BENEFIT FEASIBILITY ASSESSMENT. 

21 (a) IN GENERAL.—Section 5(a)(2)(B) of the Act of 

22 August 18, 1941 (33 U.S.C. 701n(a)(2)(B)) is amended— 

23 (1) in clause (i)(I), by inserting ‘‘, or provide 

24 contributions equal to,’’ after ‘‘pay’’; and 

25 (2) in clause (ii)— 


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1 (A) in the heading, by inserting ‘‘AND CON2 TRIBUTIONS’’ after ‘‘OF PAYMENTS’’; 

3 (B) by inserting ‘‘or contributions’’ after 

4 ‘‘Non-Federal payments’’; and 

5 (C) by inserting ‘‘or contributions’’ after 

6 ‘‘non-Federal payments’’. 

7 (b) CONTINUED ELIGIBILITY.—Section 1161(b) of 

8 the Water Resources Development Act of 2018 (33 U.S.C. 

9 701n note) is amended— 

10 (1) in the matter preceding paragraph (1)— 

11 (A) by striking the ‘‘three fiscal years pre12 ceding’’ and inserting ‘‘five fiscal years pre13 ceding’’; and 

14 (B) by striking ‘‘last day of the third fiscal 

15 year’’ and inserting ‘‘last day of the fifth fiscal 

16 year’’; 

17 (2) in paragraph (1), by inserting ‘‘, or provide 

18 contributions equal to,’’ before ‘‘an amount suffi19 cient’’; and 

20 (3) by striking paragraph (2) and inserting the 

21 following: 

22 ‘‘(2) the Secretary determines that the damage 

23 to the structure was not as a result of negligent op24 eration or maintenance.’’. 


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1 SEC. 133. MATERIALS, SERVICES, AND FUNDS FOR REPAIR, 

2 RESTORATION, OR REHABILITATION OF 

3 PROJECTS. 

4 (a) IN GENERAL.—In any area covered by an emer5 gency or major disaster declaration declared under the 

6 Robert T. Stafford Disaster Relief and Emergency Assist7 ance Act (42 U.S.C. 5121 et seq.), the Secretary is au8 thorized to accept and use materials, services, and funds, 

9 during the period the declaration is in effect, from a non10 Federal interest or private entity to repair, restore, or re11 habilitate a federally authorized water resources develop12 ment project, and to provide reimbursement to such non13 Federal interest or private entity for such materials, serv14 ices, and funds, in the Secretary’s sole discretion, and sub15 ject to the availability of appropriations, if the Secretary 

16 determines that reimbursement is in the public interest. 

17 (b) ADDITIONAL REQUIREMENT.—The Secretary 

18 may only reimburse for the use of materials or services 

19 accepted under this section if such materials or services 

20 meet the Secretary’s specifications and comply with all ap21 plicable laws and regulations that would apply if such ma22 terials and services were acquired by the Secretary, includ23 ing sections 3141 through 3148 and 3701 through 3708 

24 of title 40, United States Code, section 8302 of title 41, 

25 United States Code, and the National Environmental Pol26 icy Act of 1969. 


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1 (c) AGREEMENTS.— 

2 (1) IN GENERAL.—Prior to the acceptance of 

3 materials, services, or funds under this section, the 

4 Secretary and the non-Federal interest or private 

5 entity shall enter into an agreement that specifies— 

6 (A) the non-Federal interest or private en7 tity shall hold and save the United States free 

8 from any and all damages that arise from use 

9 of materials or services of the non-Federal in10 terest or private entity, except for damages due 

11 to the fault or negligence of the United States 

12 or its contractors; 

13 (B) the non-Federal interest or private en14 tity shall certify that the materials or services 

15 comply with all applicable laws and regulations 

16 under subsection (b); and 

17 (C) any other term or condition required 

18 by the Secretary. 

19 (2) EXCEPTION.—If an agreement under para20 graph (1) was not entered prior to materials or serv21 ices being contributed, a non-Federal interest or pri22 vate entity shall enter into an agreement with the 

23 Secretary that— 


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1 (A) specifies the value, as determined by 

2 the Secretary, of those materials or services 

3 contributed and eligible for reimbursement; and 

4 (B) ensures that the materials or services 

5 comply with subsection (b) and paragraph (1). 

6 SEC. 134. LEVEE SAFETY. 

7 Section 9004 of the Water Resources Development 

8 Act of 2007 (33 U.S.C. 3303) is amended by adding at 

9 the end the following: 

10 ‘‘(d) IDENTIFICATION OF DEFICIENCIES.— 

11 ‘‘(1) IN GENERAL.—For each levee included in 

12 an inventory established under subsection (b) or for 

13 which the Secretary has conducted a review under 

14 subsection (c), the Secretary shall— 

15 ‘‘(A) identify the specific engineering and 

16 maintenance deficiencies, if any; and 

17 ‘‘(B) describe the recommended remedies 

18 to correct each deficiency identified under sub19 paragraph (A), and, if requested by owner of a 

20 non-Federal levee, the associated costs of those 

21 remedies. 

22 ‘‘(2) CONSULTATION.—In identifying defi23 ciencies and describing remedies for a levee under 

24 paragraph (1), the Secretary shall consult with rel25 evant non-Federal interests, including by providing 


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1 an opportunity for comment by those non-Federal 

2 interests.’’. 

3 SEC. 135. NATIONAL DAM SAFETY PROGRAM. 

4 (a) DEFINITIONS.—Section 2 of the National Dam 

5 Safety Program Act (33 U.S.C. 467) is amended— 

6 (1) in paragraph (4)— 

7 (A) in subparagraph (A)— 

8 (i) by striking clause (iii) and insert9 ing the following: 

10 ‘‘(iii) has an emergency action plan 

11 that— 

12 ‘‘(I) is approved by the relevant 

13 State dam safety agency; or 

14 ‘‘(II) is in conformance with 

15 State law and pending approval by the 

16 relevant State dam safety agency;’’; 

17 and 

18 (ii) by striking clause (iv) and insert19 ing the following: 

20 ‘‘(iv) fails to meet minimum dam safe21 ty standards of the State in which the dam 

22 is located, as determined by the State; and 

23 ‘‘(v) poses an unacceptable risk to the 

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1 trator, in consultation with the Board.’’; 

2 and 

3 (B) in subparagraph (B)(i), by inserting 

4 ‘‘under a hydropower project with an authorized 

5 installed capacity of greater than 1.5 

6 megawatts’’ after ‘‘dam’’; and 

7 (2) in paragraph (10)— 

8 (A) in the heading, by striking ‘‘NON-FED9 ERAL SPONSOR’’ and inserting ‘‘ELIGIBLE SUB10 RECIPIENT’’; and 

11 (B) by striking ‘‘The term ‘non-Federal 

12 sponsor’ ’’ and inserting ‘‘The term ‘eligible 

13 subrecipient’ ’’. 

14 (b) REHABILITATION OF HIGH HAZARD POTENTIAL

15 DAMS.— 

16 (1) ESTABLISHMENT OF PROGRAM.—Section 

17 8A(a) of the National Dam Safety Program Act (33 

18 U.S.C. 467f–2(a)) is amended by striking ‘‘to non19 Federal sponsors’’ and inserting ‘‘to States with 

20 dam safety programs’’. 

21 (2) ELIGIBLE ACTIVITIES.—Section 8A(b) of 

22 the National Dam Safety Program Act (33 U.S.C. 

23 467f–2(b)) is amended, in the matter preceding 

24 paragraph (1), by striking ‘‘for a project may be 

25 used for’’ and inserting ‘‘to a State may be used by 


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1 the State to award grants to eligible subrecipients 

2 for’’. 

3 (3) AWARD OF GRANTS.—Section 8A(c) of the 

4 National Dam Safety Program Act (33 U.S.C. 

5 467f–2(c)) is amended— 

6 (A) in paragraph (1)(A), by striking ‘‘non7 Federal sponsor’’ and inserting ‘‘State’’; and 

8 (B) in paragraph (2)— 

9 (i) in subparagraph (A), by striking 

10 ‘‘an eligible high hazard potential dam to 

11 a non-Federal sponsor’’ and inserting ‘‘eli12 gible high hazard potential dams to a 

13 State’’; 

14 (ii) in subparagraph (B)— 

15 (I) in the subparagraph heading, 

16 by striking ‘‘PROJECT GRANT’’ and in17 serting ‘‘GRANT’’; 

18 (II) by striking ‘‘project grant 

19 agreement with the non-Federal spon20 sor’’ and inserting ‘‘grant agreement 

21 with the State’’; and 

22 (III) by striking ‘‘project,’’ and 

23 inserting ‘‘projects for which the 

24 grant is awarded,’’; 


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1 (iii) by amending subparagraph (C) to 

2 read as follows: 

3 ‘‘(C) GRANT ASSURANCE.—As part of a 

4 grant agreement under subparagraph (B), the 

5 Administrator shall require that each eligible 

6 subrecipient to which the State awards a grant 

7 under this section provides an assurance, with 

8 respect to the dam to be rehabilitated by the el9 igible subrecipient, that the dam owner will 

10 carry out a plan for maintenance of the dam 

11 during the expected life of the dam.’’; and 

12 (iv) in subparagraph (D), by striking 

13 ‘‘A grant provided under this section shall 

14 not exceed’’ and inserting ‘‘A State may 

15 not award a grant to an eligible sub16 recipient under this section that exceeds, 

17 for any 1 dam,’’. 

18 (4) REQUIREMENTS.—Section 8A(d) of the Na19 tional Dam Safety Program Act (33 U.S.C. 467f– 

20 2(d)) is amended— 

21 (A) in paragraph (1), by inserting ‘‘to an 

22 eligible subrecipient’’ after ‘‘this section’’; 

23 (B) in paragraph (2)— 


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1 (i) in the paragraph heading, by strik2 ing ‘‘NON-FEDERAL SPONSOR’’ and insert3 ing ‘‘ELIGIBLE SUBRECIPIENT’’; 

4 (ii) in the matter preceding subpara5 graph (A), by striking ‘‘the non-Federal 

6 sponsor shall’’ and inserting ‘‘an eligible 

7 subrecipient shall, with respect to the dam 

8 to be rehabilitated by the eligible sub9 recipient’’; 

10 (iii) by amending subparagraph (A) to 

11 read as follows: 

12 ‘‘(A) demonstrate that the community in 

13 which the dam is located participates in, and 

14 complies with, all applicable Federal flood in15 surance programs, including demonstrating that 

16 such community is participating in the National 

17 Flood Insurance Program, and is not on proba18 tion, suspended, or withdrawn from such Pro19 gram;’’; 

20 (iv) in subparagraph (B), by striking 

21 ‘‘have’’ and inserting ‘‘beginning not later 

22 than 2 years after the date on which the 

23 Administrator publishes criteria for hazard 

24 mitigation plans under paragraph (3), 

25 demonstrate that the Tribal or local govVerDate Sep 11 2014 21:52 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\H7575.RDS H7575

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1 ernment with jurisdiction over the area in 

2 which the dam is located has’’; and 

3 (v) in subparagraph (C), by striking 

4 ‘‘50-year period’’ and inserting ‘‘expected 

5 life of the dam’’; and 

6 (C) by adding at the end the following: 

7 ‘‘(3) HAZARD MITIGATION PLAN CRITERIA.— 

8 Not later than 1 year after the date of enactment 

9 of this paragraph, the Administrator, in consultation 

10 with the Board, shall publish criteria for hazard 

11 mitigation plans required under paragraph (2)(B).’’. 

12 (5) FLOODPLAIN MANAGEMENT PLANS.—Sec13 tion 8A(e) of the National Dam Safety Program Act 

14 (33 U.S.C. 467f–2(e)) is amended— 

15 (A) in paragraph (1)— 

16 (i) in the matter preceding subpara17 graph (A), by striking ‘‘the non-Federal 

18 sponsor’’ and inserting ‘‘an eligible sub19 recipient’’; and 

20 (ii) in subparagraph (B), by striking 

21 ‘‘1 year’’ and inserting ‘‘2 years’’ each 

22 place it appears; and 

23 (B) by striking paragraph (3) and insert24 ing the following: 


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1 ‘‘(3) PLAN CRITERIA AND TECHNICAL SUP2 PORT.—The Administrator, in consultation with the 

3 Board, shall provide criteria, and may provide tech4 nical support, for the development and implementa5 tion of floodplain management plans prepared under 

6 this subsection.’’. 

7 (6) CONTRACTUAL REQUIREMENTS.—Section 

8 8A(i)(1) of the National Dam Safety Program Act 

9 (33 U.S.C. 467f–2(i)(1)) is amended by striking ‘‘a 

10 non-Federal sponsor’’ and inserting ‘‘an eligible sub11 recipient’’. 

12 SEC. 136. REHABILITATION OF CORPS OF ENGINEERS CON13 STRUCTED PUMP STATIONS. 

14 (a) DEFINITIONS.—In this section: 

15 (1) ELIGIBLE PUMP STATION.—The term ‘‘eli16 gible pump station’’ means a pump station— 

17 (A) constructed, in whole or in part, by the 

18 Corps of Engineers for flood risk management 

19 purposes; 

20 (B) that the Secretary has identified as 

21 having a major deficiency; and 

22 (C) the failure of which the Secretary has 

23 determined would impair the function of a flood 

24 risk management project constructed by the 

25 Corps of Engineers. 


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1 (2) REHABILITATION.— 

2 (A) IN GENERAL.—The term ‘‘rehabilita3 tion’’, with respect to an eligible pump station, 

4 means to address a major deficiency of the eli5 gible pump station caused by long-term deg6 radation of the foundation, construction mate7 rials, or engineering systems or components of 

8 the eligible pump station. 

9 (B) INCLUSIONS.—The term ‘‘rehabilita10 tion’’, with respect to an eligible pump station, 

11 includes— 

12 (i) the incorporation into the eligible 

13 pump station of— 

14 (I) current design standards; 

15 (II) efficiency improvements; and 

16 (III) associated drainage; and 

17 (ii) increasing the capacity of the eli18 gible pump station, subject to the condition 

19 that the increase shall— 

20 (I) significantly decrease the risk 

21 of loss of life and property damage; or 

22 (II) decrease total lifecycle reha23 bilitation costs for the eligible pump 

24 station. 


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1 (b) AUTHORIZATION.—The Secretary may carry out 

2 rehabilitation of an eligible pump station, if the Secretary 

3 determines that the rehabilitation is feasible. 

4 (c) COST SHARING.—The non-Federal interest for 

5 the eligible pump station shall— 

6 (1) provide 35 percent of the cost of rehabilita7 tion of an eligible pump station carried out under 

8 this section; and 

9 (2) provide all land, easements, rights-of-way, 

10 and necessary relocations associated with the reha11 bilitation described in subparagraph (A), at no cost 

12 to the Federal Government. 

13 (d) AGREEMENT REQUIRED.—The rehabilitation of 

14 an eligible pump station pursuant to this section shall be 

15 initiated only after a non-Federal interest has entered into 

16 a binding agreement with the Secretary— 

17 (1) to pay the non-Federal share of the costs of 

18 rehabilitation under subsection (c); and 

19 (2) to pay 100 percent of the operation and 

20 maintenance costs of the rehabilitated eligible pump 

21 station, in accordance with regulations promulgated 

22 by the Secretary. 

23 (e) TREATMENT.—The rehabilitation of an eligible 

24 pump station pursuant to this section shall not be consid25 ered to be a separable element of the associated flood risk 


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1 management project constructed by the Corps of Engi2 neers. 

3 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out this section 

5 $60,000,000, to remain available until expended. 

6 SEC. 137. NON-FEDERAL PROJECT IMPLEMENTATION 

7 PILOT PROGRAM. 

8 Section 1043(b) of the Water Resources Reform and 

9 Development Act of 2014 (33 U.S.C. 2201 note) is 

10 amended— 

11 (1) in paragraph (7), by striking ‘‘the date that 

12 is 5 years after the date of enactment of this Act’’ 

13 and inserting ‘‘September 30, 2026’’; 

14 (2) in paragraph (8), by striking ‘‘2023’’ and 

15 inserting ‘‘2026’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(9) IMPLEMENTATION GUIDANCE.— 

18 ‘‘(A) IN GENERAL.—Not later than 120 

19 days after the date of enactment of this para20 graph, the Secretary shall issue guidance for 

21 the implementation of the pilot program that, 

22 to the extent practicable, identifies— 

23 ‘‘(i) the metrics for measuring the 

24 success of the pilot program; 


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1 ‘‘(ii) a process for identifying future 

2 projects to participate in the pilot pro3 gram; 

4 ‘‘(iii) measures to address the risks of 

5 a non-Federal interest constructing 

6 projects under the pilot program, including 

7 which entity bears the risk for projects 

8 that fail to meet the Corps of Engineers 

9 standards for design or quality; 

10 ‘‘(iv) the laws and regulations that a 

11 non-Federal interest must follow in car12 rying out a project under the pilot pro13 gram; and 

14 ‘‘(v) which entity bears the risk in the 

15 event that a project carried out under the 

16 pilot program fails to be carried out in ac17 cordance with the project authorization or 

18 this subsection. 

19 ‘‘(B) NEW PROJECT PARTNERSHIP AGREE20 MENTS.—The Secretary may not enter into a 

21 project partnership agreement under this sub22 section during the period beginning on the date 

23 of enactment of this paragraph and ending on 

24 the date on which the Secretary issues the guid25 ance under subparagraph (A).’’. 


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1 SEC. 138. DEFINITION OF ECONOMICALLY DISADVANTAGED 

2 COMMUNITY. 

3 (a) IN GENERAL.—Not later than 180 days after the 

4 date of enactment of this Act, the Secretary shall issue 

5 guidance defining the term ‘‘economically disadvantaged 

6 community’’ for the purposes of this Act and the amend7 ments made by this Act. 

8 (b) CONSIDERATIONS.—In defining the term ‘‘eco9 nomically disadvantaged community’’ under subsection 

10 (a), the Secretary shall, to the maximum extent prac11 ticable, utilize the criteria under paragraphs (1) or (2) of 

12 section 301(a) of the Public Works and Economic Devel13 opment Act of 1965 (42 U.S.C. 3161), to the extent that 

14 such criteria are applicable in relation to the development 

15 of water resources development projects. 

16 (c) PUBLIC COMMENT.—In developing the guidance 

17 under subsection (a), the Secretary shall provide notice 

18 and an opportunity for public comment. 

19 SEC. 139. COST SHARING PROVISIONS FOR TERRITORIES 

20 AND INDIAN TRIBES. 

21 Section 1156(b) of the Water Resources Development 

22 Act of 1986 (33 U.S.C. 2310(b)) is amended by striking 

23 ‘‘for inflation’’ and all that follows through the period at 

24 the end and inserting ‘‘on an annual basis for inflation.’’. 


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1 SEC. 140. FLOOD CONTROL AND OTHER PURPOSES. 

2 Section 103(k) of the Water Resources Development 

3 Act of 1986 (33 U.S.C. 2213) is amended— 

4 (1) by striking ‘‘Except as’’ and inserting the 

5 following: 

6 ‘‘(1) IN GENERAL.—Except as’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(2) RENEGOTIATION OF TERMS.— 

9 ‘‘(A) IN GENERAL.—At the request of a 

10 non-Federal interest, the Secretary and the 

11 non-Federal interest may renegotiate the terms 

12 and conditions of an eligible deferred payment, 

13 including— 

14 ‘‘(i) permitting the non-Federal con15 tribution to be made without interest, pur16 suant to paragraph (1); 

17 ‘‘(ii) recalculation of the interest rate; 

18 ‘‘(iii) full or partial forgiveness of in19 terest accrued during the period of con20 struction; and 

21 ‘‘(iv) a credit against construction in22 terest for a non-Federal investment that 

23 benefits the completion or performance of 

24 the project or separable element. 


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1 ‘‘(B) ELIGIBLE DEFERRED PAYMENT.—An 

2 eligible deferred payment agreement under sub3 paragraph (A) is an agreement for which— 

4 ‘‘(i) the non-Federal contribution was 

5 made with interest; 

6 ‘‘(ii) the period of project construction 

7 exceeds 10 years from the execution of a 

8 project partnership agreement or appro9 priation of funds; and 

10 ‘‘(iii) the construction interest exceeds 

11 $45,000,000. 

12 ‘‘(C) CREDIT FOR NON-FEDERAL CON13 TRIBUTION.— 

14 ‘‘(i) IN GENERAL.—The Secretary is 

15 authorized to credit any costs incurred by 

16 the non-Federal interest (including in-kind 

17 contributions) to remedy a design or con18 struction deficiency of a covered project or 

19 separable element toward the non-Federal 

20 share of the cost of the covered project, if 

21 the Secretary determines the remedy to be 

22 integral to the completion or performance 

23 of the covered project. 

24 ‘‘(ii) CREDIT OF COSTS.—If the non25 Federal interest incurs costs or in-kind 


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1 contributions for a project to remedy a de2 sign or construction deficiency of a project 

3 or separable element which has a 100 per4 cent Federal cost share, and the Secretary 

5 determines the remedy to be integral to the 

6 completion or performance of the project, 

7 the Secretary is authorized to credit such 

8 costs to any interest accrued on a deferred 

9 non-Federal contribution.’’. 

10 SEC. 141. REVIEW OF CONTRACTING POLICIES. 

11 (a) IN GENERAL.—Not later than 180 days after the 

12 date of enactment of this section, the Secretary shall com13 plete a review of the policies, guidelines, and regulations 

14 of the Corps of Engineers for the development of contrac15 tual agreements between the Secretary and non-Federal 

16 interests and utilities associated with the construction of 

17 water resources development projects. 

18 (b) REPORT.—Not later than 90 days after com19 pleting the review under subsection (a), the Secretary shall 

20 submit to the Committee on Transportation and Infra21 structure of the House of Representatives and the Com22 mittee on Environment and Public Works of the Senate, 

23 and make publicly available, a report that includes— 

24 (1) a summary of the results of the review; and 


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1 (2) public guidance on best practices for non2 Federal interest to use when writing or developing 

3 contractual agreements with the Secretary and utili4 ties. 

5 (c) PROVISION OF GUIDANCE.—The Secretary shall 

6 provide the best practices guidance included under sub7 section (b)(2) to non-Federal interests prior to the devel8 opment of contractual agreements. 

9 SEC. 142. BUY AMERICA. 

10 With respect to all Corps of Engineers construction 

11 and rehabilitation contracts to be awarded after the date 

12 of enactment of this Act, the steel components furnished 

13 and delivered under such contracts shall be manufactured 

14 or fabricated in whole or substantial part in the United 

15 States with steel produced or made in the United States, 

16 its territories, or possessions. 

17 SEC. 143. ANNUAL REPORT ON STATUS OF FEASIBILITY 

18 STUDIES. 

19 Concurrent with each report submitted under section 

20 7001 of the Water Resources Reform and Development 

21 Act of 2014 (33 U.S.C. 2282d), the Secretary shall submit 

22 to the Committee on Transportation and Infrastructure 

23 of the House of Representatives and the Committee on 

24 Environment and Public Works a report that provides for 

25 an accounting of all outstanding feasibility studies being 


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1 conducted by the Secretary, including, for each such 

2 study, its length, cost, and expected completion date. 

3 TITLE II—STUDIES AND 

4 REPORTS 

5 SEC. 201. AUTHORIZATION OF PROPOSED FEASIBILITY 

6 STUDIES. 

7 (a) IN GENERAL.—The Secretary is authorized to 

8 conduct a feasibility study for the following projects for 

9 water resources development and conservation and other 

10 purposes, as identified in the reports titled ‘‘Report to 

11 Congress on Future Water Resources Development’’ sub12 mitted to Congress pursuant to section 7001 of the Water 

13 Resources Reform and Development Act of 2014 (33 

14 U.S.C. 2282d) or otherwise reviewed by Congress: 

15 (1) TONTO CREEK, GILA RIVER, ARIZONA.— 

16 Project for flood risk management, Tonto Creek, 

17 Gila River, Arizona. 

18 (2) SULPHUR RIVER, ARKANSAS AND TEXAS.— 

19 Project for ecosystem restoration, Sulphur River, 

20 Arkansas and Texas. 

21 (3) CABLE CREEK, CALIFORNIA.—Project for 

22 flood risk management, water supply, and related 

23 benefits, Cable Creek, California. 


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1 (4) DEL MAR BLUFFS, CALIFORNIA.—Project 

2 for shoreline stabilization, Del Mar Bluffs, San 

3 Diego County, California. 

4 (5) REDBANK AND FANCHER CREEKS, CALI5 FORNIA.—Project for water conservation and water 

6 supply, Redbank and Fancher Creeks, California. 

7 (6) RIO HONDO CHANNEL, CALIFORNIA.— 

8 Project for ecosystem restoration, Rio Hondo Chan9 nel, San Gabriel River, California. 

10 (7) SOUTHERN CALIFORNIA, CALIFORNIA.— 

11 Project for coastal storm damage reduction, South12 ern California. 

13 (8) SHINGLE CREEK AND KISSIMMEE RIVER, 

14 FLORIDA.—Project for ecosystem restoration and 

15 water storage, Shingle Creek and Kissimmee River, 

16 Osceola County, Florida. 

17 (9) ST. JOHN’S RIVER AND LAKE JESUP, FLOR18 IDA.—Project for ecosystem restoration, St. John’s 

19 River and Lake Jesup, Florida. 

20 (10) WAIMEA RIVER, HAWAII.—Project for 

21 flood risk management, Waimea River, Kauai, Ha22 waii. 

23 (11) CHICAGO AREA WATERWAYS SYSTEM, ILLI24 NOIS.—Project for ecosystem restoration, recreation, 

25 and other purposes, Illinois River, Chicago River, 


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1 Calumet River, Grand Calumet River, Little Cal2 umet River, and other waterways in the vicinity of 

3 Chicago, Illinois. 

4 (12) FOX RIVER, ILLINOIS.—Project for flood 

5 risk management, Fox River, Illinois. 

6 (13) LOWER MISSOURI RIVER, KANSAS.— 

7 Project for bank stabilization and navigation, Lower 

8 Missouri River, Sioux City, Kansas. 

9 (14) TANGIPAHOA PARISH, LOUISIANA.— 

10 Project for flood risk management, Tangipahoa Par11 ish, Louisiana. 

12 (15) KENT NARROWS AND CHESTER RIVER, 

13 MARYLAND.—Project for navigation, Kent Narrows 

14 and Chester River, Queen Anne’s County, Maryland. 

15 (16) BOSTON, MASSACHUSETTS.—Project for 

16 hurricane and storm damage risk reduction, Boston, 

17 Massachusetts, pursuant to the comprehensive study 

18 authorized under the Disaster Relief Appropriations 

19 Act, 2013 (Public Law 113–2). 

20 (17) LOWER ST. CROIX RIVER, MINNESOTA.— 

21 Project for flood risk management, ecosystem res22 toration, and recreation, Lower St. Croix River, 

23 Minnesota. 

24 (18) ESCATAWPA RIVER BASIN, MISSISSIPPI.— 

25 Project for flood risk management and ecosystem 


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1 restoration, Escatawpa River, Jackson County, Mis2 sissippi. 

3 (19) LONG BEACH, BAY ST. LOUIS AND MIS4 SISSIPPI SOUND, MISSISSIPPI.—Project for hurricane 

5 and storm damage risk reduction and flood risk 

6 management, Long Beach, Bay St. Louis and Mis7 sissippi Sound, Mississippi. 

8 (20) PASCAGOULA RIVER BASIN, MISSISSIPPI.— 

9 Project for comprehensive watershed study, 

10 Pascagoula, Mississippi. 

11 (21) TALLAHOMA AND TALLAHALA CREEKS, 

12 MISSISSIPPI.—Project for flood risk management, 

13 Leaf River, Jones County, Mississippi. 

14 (22) LOWER OSAGE RIVER BASIN, MISSOURI.— 

15 Project for ecosystem restoration, Lower Osage 

16 River Basin, Missouri. 

17 (23) UPPER BASIN AND STONY BROOK (GREEN

18 BROOK SUB-BASIN), RARITAN RIVER BASIN, NEW

19 JERSEY.—Reevaluation of the Upper Basin and 

20 Stony Brook portions of the project for flood control, 

21 Green Brook Sub-basin, Raritan River Basin, New 

22 Jersey, authorized by section 401 of the Water Re23 sources Development Act of 1986 (100 Stat. 4119), 

24 including the evaluation of nonstructural measures 

25 to achieve the project purpose. 


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1 (24) LAKE ONTARIO SHORELINE, NEW YORK.— 

2 Project for coastal storm resiliency, Lake Ontario 

3 shoreline, New York. 

4 (25) WADING RIVER CREEK, NEW YORK.— 

5 Project for hurricane and storm damage risk reduc6 tion, flood risk management, navigation, and eco7 system restoration, Wading River Creek, New York. 

8 (26) REEL POINT PRESERVE, NEW YORK.— 

9 Project for navigation and shoreline stabilization, 

10 Reel Point Preserve, New York. 

11 (27) GOLDSMITH INLET, NEW YORK.—Project 

12 for navigation, Goldsmith Inlet, New York. 

13 (28) TUSCARAWAS RIVER BASIN, OHIO.— 

14 Project for comprehensive watershed study, 

15 Tuscarawas River Basin, Ohio. 

16 (29) LOWER COLUMBIA RIVER BASIN (TURNING

17 BASIN), OREGON AND WASHINGTON.—Project to im18 prove and add turning basins for the project for 

19 navigation, Columbia River Channel, Oregon and 

20 Washington, authorized by section 101(b)(13) of the 

21 Water Resources Development Act of 1999 (113 

22 Stat. 280). 

23 (30) WILLIAMSPORT, PENNSYLVANIA.—Project 

24 for flood risk management and levee rehabilitation, 

25 greater Williamsport, Pennsylvania. 


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1 (31) CITY OF CHARLESTON, SOUTH CARO2 LINA.—Project for tidal- and inland-related flood 

3 risk management, Charleston, South Carolina. 

4 (32) TENNESSEE AND CUMBERLAND RIVER BA5 SINS, TENNESSEE.—Project to deter, impede, or re6 strict the dispersal of aquatic nuisance species in the 

7 Tennessee and Cumberland River Basins, Ten8 nessee. 

9 (33) SABINE PASS TO GALVESTON BAY, 

10 TEXAS.—Modification of the project for hurricane 

11 and storm damage risk reduction, Port Arthur and 

12 Orange County, Texas, authorized by section 203 of 

13 the Flood Control Act of 1962 (76 Stat. 1184), and 

14 authorized as a separable element of the project for 

15 Sabine Pass to Galveston Bay, authorized by item 3 

16 of section 1401(3) of the Water Resources Develop17 ment Act of 2018 (132 Stat. 3838), to reduce the 

18 risk of flooding through the construction of improve19 ments to interior drainage. 

20 (34) PORT OF VICTORIA, TEXAS.—Project for 

21 flood risk management, Port of Victoria, Texas. 

22 (35) LOWER FOX RIVER BASIN, WISCONSIN.— 

23 Project for comprehensive watershed study, Lower 

24 Fox River Basin, Wisconsin. 


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1 (36) UPPER FOX RIVER AND WOLF RIVER, WIS2 CONSIN.—Project for flood risk management and 

3 ecosystem restoration, Upper Fox River and Wolf 

4 River, Wisconsin. 

5 (b) SPECIAL RULE.—The Secretary shall consider 

6 any study carried out by the Secretary to formulate the 

7 modifications to the project for hurricane and storm dam8 age risk reduction, Port Arthur and Orange County, 

9 Texas, identified in subsection (a)(33) to be a continuation 

10 of the study carried out for Sabine Pass to Galveston Bay, 

11 Texas, authorized by a resolution of the Committee on En12 vironment and Public Works of the Senate, approved June 

13 23, 2004, and funded by title IV of division B of the Bi14 partisan Budget Act of 2018, under the heading ‘‘Corps 

15 of Engineers—Civil—Department of the Army—Con16 struction’’ (Public Law 115–123; 132 Stat. 76). 

17 SEC. 202. EXPEDITED COMPLETIONS. 

18 (a) FEASIBILITY REPORTS.—The Secretary shall ex19 pedite the completion of a feasibility study for each of the 

20 following projects, and if the Secretary determines that 

21 the project is justified in a completed report, may proceed 

22 directly to preconstruction planning, engineering, and de23 sign of the project: 

24 (1) Project for navigation, St. George Harbor, 

25 Alaska. 


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1 (2) Project for shoreline stabilization, Aunu‘u 

2 Harbor, American Samoa. 

3 (3) Project for shoreline stabilization, Tutuila 

4 Island, American Samoa. 

5 (4) Project for flood risk management, Lower 

6 Santa Cruz River, Arizona. 

7 (5) Project for flood control, water conserva8 tion, and related purposes, Coyote Valley Dam, Cali9 fornia. 

10 (6) Project for flood damage reduction and eco11 system restoration, Del Rosa Channel, city of San 

12 Bernardino, California. 

13 (7) Project for flood risk management, Lower 

14 Cache Creek, California. 

15 (8) Project for flood damage reduction and eco16 system restoration, Mission-Zanja Channel, cities of 

17 San Bernardino and Redlands, California. 

18 (9) Project for shoreline protection, Oceanside, 

19 California, authorized pursuant to section 414 of the 

20 Water Resources Development Act of 2000 (114 

21 Stat. 2636; 121 Stat. 1176). 

22 (10) Project for flood risk management, Prado 

23 Basin, California. 

24 (11) Project to modify the project for naviga25 tion, San Francisco Bay to Stockton, California. 


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1 (12) Project to modify the Seven Oaks Dam, 

2 California, portion of the project for flood control, 

3 Santa Ana River Mainstem, California, authorized 

4 by section 401(a) of the Water Resources Develop5 ment Act of 1986 (100 Stat. 4113; 101 Stat. 1329– 

6 111; 104 Stat. 4611; 110 Stat. 3713; 121 Stat. 

7 1115), to include water conservation as an author8 ized purpose. 

9 (13) Project to modify the project for naviga10 tion, Delaware River Mainstem and Channel Deep11 ening, Delaware, New Jersey, and Pennsylvania, au12 thorized by section 101(6) of the Water Resources 

13 Development Act of 1992 (106 Stat. 4802; 113 

14 Stat. 300; 114 Stat. 2602), to include the construc15 tion of a turning basin located near the Packer Ave16 nue Marine Terminal. 

17 (14) Project for ecosystem restoration, Central 

18 and Southern Florida Project Canal 111 (C–111), 

19 South Dade County, Florida. 

20 (15) Project for comprehensive hurricane and 

21 storm damage risk reduction and shoreline erosion 

22 protection, Chicago, Illinois, authorized by section 

23 101(a)(12) of the Water Resources Development Act 

24 of 1996 (110 Stat. 3664; 113 Stat. 302). 


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1 (16) Project for flood risk management, Whea2 ton, DuPage County, Illinois. 

3 (17) Project for flood damage reduction, eco4 system restoration, and recreation, Blue River 

5 Basin, Kansas City, Kansas, carried out pursuant to 

6 the resolution of the Committee on Transportation 

7 and Infrastructure of the House of Representatives 

8 adopted on September 24, 2008 (docket number 

9 2803). 

10 (18) Project for flood control, Amite River and 

11 Tributaries east of the Mississippi River, Louisiana. 

12 (19) Project for coastal storm risk manage13 ment, Upper Barataria Basin, Louisiana. 

14 (20) Project to replace the Bourne and Saga15 more Bridges, Cape Cod, Massachusetts. 

16 (21) Project to deepen the project for naviga17 tion, Gulfport Harbor, Mississippi, authorized by 

18 section 202(a) of the Water Resources Development 

19 Act of 1986 (100 Stat. 4094). 

20 (22) Project for flood risk management, Rah21 way River Basin, New Jersey. 

22 (23) Project for hurricane and storm damage 

23 risk reduction, Raritan Bay and Sandy Hook Bay, 

24 Highlands, New Jersey. 


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1 (24) Project for navigation, Shark River, New 

2 Jersey. 

3 (25) Project for flood risk management, 

4 Rondout Creek-Wallkill River Watershed, New York, 

5 carried out pursuant to the resolution of the Com6 mittee on Transportation and Infrastructure of the 

7 House of Representatives adopted on May 2, 2007 

8 (docket number 2776). 

9 (26) Project for ecosystem restoration and hur10 ricane and storm damage risk reduction, Spring 

11 Creek South (Howard Beach), Queens, New York. 

12 (27) Project to resolve increased silting and 

13 shoaling adjacent to the Federal channel, Port of 

14 Bandon, Coquille River, Oregon. 

15 (28) Project for flood control, 42nd Street 

16 Levee, Springfield, Oregon, being carried out under 

17 section 205 of the Flood Control Act of 1948 (33 

18 U.S.C. 701s). 

19 (29) Project for ecosystem restoration, Hood 

20 River at the confluence with the Columbia River, Or21 egon. 

22 (30) Project for flood risk management, Rio 

23 Culebrinas, Puerto Rico. 

24 (31) Project for flood risk management, Rio 

25 Grande de Manati, Puerto Rico. 


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1 (32) Project for flood risk management, Rio 

2 Guayanilla, Puerto Rico. 

3 (33) Project for flood risk management, Dor4 chester County, South Carolina. 

5 (34) Project for navigation, Georgetown Har6 bor, South Carolina. 

7 (35) Project for hurricane and storm damage 

8 risk reduction, Myrtle Beach, South Carolina. 

9 (36) Project to modify the projects for naviga10 tion and other purposes, Old Hickory Lock and Dam 

11 and the Cordell Hull Dam and Reservoir, Cum12 berland River, Tennessee, authorized by the Act of 

13 July 24, 1946 (chapter 595, 60 Stat. 636), to add 

14 flood risk management as an authorized purpose. 

15 (37) Project for flood risk management, eco16 system restoration, water supply, and related pur17 poses, Lower Rio Grande River, Cameron County, 

18 Texas, carried out pursuant to the resolution of the 

19 Committee on Transportation and Infrastructure of 

20 the House of Representatives adopted on May 21, 

21 2003 (docket number 2710). 

22 (38) Project for hurricane and storm damage 

23 risk reduction and shoreline erosion protection, 

24 Bolongo Bay, St. Thomas, United States Virgin Is25 lands. 


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1 (39) Project for flood risk management, Savan 

2 Gut Phase II, St. Thomas, United States Virgin Is3 lands. 

4 (40) Project for flood risk management, Tur5 pentine Run, St. Thomas, United States Virgin Is6 lands. 

7 (41) Project for navigation, North Landing 

8 Bridge, Atlantic Intracoastal Waterway, Virginia. 

9 (b) POST-AUTHORIZATION CHANGE REPORTS.—The 

10 Secretary shall expedite completion of a post-authorization 

11 change report for the following projects: 

12 (1) Project for ecosystem restoration, Tres 

13 Rios, Arizona. 

14 (2) Project for flood control, San Luis Rey 

15 River, California. 

16 (3) Project for ecosystem restoration, Central 

17 and Southern Florida Project Canal 111 (C–111), 

18 South Dade County, Florida. 

19 (4) Project for ecosystem restoration, Com20 prehensive Everglades Restoration Plan, 

21 Caloosahatchee River C–43, West Basin Storage 

22 Reservoir, Florida. 

23 (5) Project for flood risk management, Des 

24 Moines Levee System, including Birdland Park 


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1 Levee, Des Moines and Raccoon Rivers, Des Moines, 

2 Iowa. 

3 (c) WATERSHED AND RIVER BASIN ASSESSMENTS.— 

4 The Secretary shall expedite the completion of an assess5 ment under section 729 of the Water Resources Develop6 ment Act of 1986 (33 U.S.C. 2267a), for the following: 

7 (1) Kansas River Basin, Kansas. 

8 (2) Merrimack River Basin, Massachusetts. 

9 (d) DISPOSITION STUDIES.—The Secretary shall ex10 pedite the completion of a disposition study, carried out 

11 under section 216 of the Flood Control Act of 1970 (33 

12 U.S.C. 549a), for the following: 

13 (1) The disposition of the project for Salinas 

14 Reservoir (Santa Margarita Lake), California. 

15 (2) The partial disposition of the Upper St. An16 thony Falls Lock facility and surrounding real prop17 erty, in accordance with the requirements of section 

18 2010 of the Water Resources Reform and Develop19 ment Act of 2014 (128 Stat. 1270; 132 Stat. 3812). 

20 SEC. 203. FEASIBILITY STUDY MODIFICATIONS. 

21 (a) SAN FRANCISCO BAY, CALIFORNIA.—Section 142 

22 of the Water Resources Development Act of 1976 (90 

23 Stat. 2930) is amended— 


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1 (1) by inserting ‘‘, and along the ocean shore2 line of San Mateo, San Francisco, and Marin Coun3 ties,’’ after ‘‘Sacramento and San Joaquin Rivers’’; 

4 (2) by inserting ‘‘and, with respect to the bay 

5 and ocean shorelines of San Mateo, San Francisco, 

6 and Marin Counties, the feasibility of and the Fed7 eral interest in providing measures to adapt to rising 

8 sea levels’’ after ‘‘tidal and fluvial flooding’’; 

9 (3) by striking ‘‘investigation’’ and inserting in 

10 its place ‘‘investigations’’; and 

11 (4) by inserting after ‘‘San Francisco Bay re12 gion’’ the following: ‘‘and, with respect to the bay 

13 and ocean shorelines and streams running to the bay 

14 and ocean shorelines of San Mateo, San Francisco, 

15 and Marin Counties, the effects of proposed meas16 ures or improvements on the local economy; habitat 

17 restoration, enhancement, or expansion efforts or op18 portunities; public infrastructure protection and im19 provement; stormwater runoff capacity and control 

20 measures, including those that may mitigate flood21 ing; erosion of beaches and coasts; and any other 

22 measures or improvements relevant to adapting to 

23 rising sea levels’’. 

24 (b) SACRAMENTO RIVER, SOUTHERN SUTTER COUN25 TY, CALIFORNIA.—The study for flood control and allied 


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1 purposes for the Sacramento River Basin, authorized by 

2 section 209 of the Flood Control Act of 1962 (76 Stat. 

3 1197), is modified to authorize the Secretary to conduct 

4 a study for flood risk management, southern Sutter Coun5 ty between the Sacramento River and Sutter Bypass, Cali6 fornia. 

7 (c) SALTON SEA, CALIFORNIA.—In carrying out the 

8 program to implement projects to restore the Salton Sea, 

9 California, authorized by section 3032 of the Water Re10 sources Development Act of 2007 (121 Stat. 1113; 130 

11 Stat. 1677), the Secretary is authorized to carry out a 

12 study for the construction of a perimeter lake, or a north13 ern or southern subset thereof, for the Salton Sea, Cali14 fornia. 

15 (d) NEW YORK AND NEW JERSEY HARBOR AND

16 TRIBUTARIES, NEW YORK AND NEW JERSEY.—The study 

17 for flood and storm damage reduction for the New York 

18 and New Jersey Harbor and Tributaries project, author19 ized by the Act of June 15, 1955 (chapter 140, 69 Stat. 

20 132), and being carried out pursuant to the Disaster Re21 lief Appropriations Act, 2013 (Public Law 113–2), is 

22 modified to require the Secretary to— 

23 (1) evaluate and address the impacts of low-fre24 quency precipitation and sea-level rise on the study 

25 area; 


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1 (2) consult with affected communities; and 

2 (3) ensure the study is carried out in accord3 ance with section 1001 of the Water Resources Re4 form and Development Act of 2014 (33 U.S.C. 

5 2282c). 

6 SEC. 204. SELMA, ALABAMA. 

7 Not later than 180 days after the date of enactment 

8 of this Act, the Secretary shall submit to the Committee 

9 on Transportation and Infrastructure of the House of 

10 Representatives and the Committee on Environment and 

11 Public Works of the Senate a report that— 

12 (1) provides an update on the study for flood 

13 risk management and riverbank stabilization, Selma, 

14 Alabama, authorized by resolutions of the Commit15 tees on Public Works and Rivers and Harbors of the 

16 House of Representatives on June 7, 1961, and 

17 April 28, 1936, respectively, the completion of which 

18 the Secretary was required to expedite by section 

19 1203 of the Water Resources Development Act of 

20 2018 (132 Stat. 3803); and 

21 (2) identifies project alternatives necessary to— 

22 (A) assure the preservation of cultural and 

23 historic values associated with national historic 

24 landmarks within the study area; and 


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1 (B) provide flood risk management for eco2 nomically disadvantaged communities within the 

3 study area. 

4 SEC. 205. COMPREHENSIVE STUDY OF THE SACRAMENTO 

5 RIVER, YOLO BYPASS, CALIFORNIA. 

6 (a) COMPREHENSIVE STUDY.—The Secretary shall 

7 conduct a comprehensive study of the Sacramento River 

8 in the vicinity of the Yolo Bypass System, California, to 

9 identify actions to be undertaken by the Secretary for the 

10 comprehensive management of the Yolo Bypass System 

11 for the purposes of flood risk management, ecosystem res12 toration, water supply, hydropower, and recreation. 

13 (b) CONSULTATION AND USE OF EXISTING DATA.— 

14 (1) CONSULTATION.—In conducting the com15 prehensive study under subsection (a), the Secretary 

16 shall consult with the Governor of the State of Cali17 fornia, applicable Federal, State, and local agencies, 

18 non-Federal interests, the Yolo Bypass and Cache 

19 Slough Partnership, and other stakeholders. 

20 (2) USE OF EXISTING DATA AND PRIOR STUD21 IES.—To the maximum extent practicable and where 

22 appropriate, the Secretary may— 

23 (A) make use of existing data provided to 

24 the Secretary by the entities identified in para25 graph (1); and 


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1 (B) incorporate— 

2 (i) relevant information from prior 

3 studies and projects carried out by the 

4 Secretary within the study area; and 

5 (ii) the latest technical data and sci6 entific approaches to changing hydrologic 

7 and climatic conditions. 

8 (c) RECOMMENDATIONS.— 

9 (1) IN GENERAL.—In conducting the com10 prehensive study under subsection (a), the Secretary 

11 may develop a recommendation to Congress for— 

12 (A) the construction of a water resources 

13 development project; 

14 (B) the structural or operational modifica15 tion of an existing water resources development 

16 project; 

17 (C) additional monitoring of, or adaptive 

18 management measures to carry out with respect 

19 to, existing water resources development 

20 projects, to respond to changing hydrologic and 

21 climatic conditions; or 

22 (D) geographic areas within the Yolo By23 pass System for additional study by the Sec24 retary. 


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1 (2) ADDITIONAL CONSIDERATIONS.—Any feasi2 bility study carried out pursuant to a recommenda3 tion under paragraph (1)(D) shall be considered to 

4 be a continuation of the comprehensive study au5 thorized under subsection (a). 

6 (d) COMPLETION OF STUDY; REPORT TO CON7 GRESS.—Not later than 3 years after the date of enact8 ment of this section, the Secretary shall submit to the 

9 Committee on Transportation and Infrastructure of the 

10 House of Representatives and the Committee on Environ11 ment and Public Works of the Senate a report detailing— 

12 (1) the results of the comprehensive study con13 ducted under subsection (a), including any rec14 ommendations developed under subsection (c); 

15 (2) any additional, site-specific areas within the 

16 Yolo Bypass System where additional study for flood 

17 risk management or ecosystem restoration projects 

18 is recommended by the Secretary; and 

19 (3) any interim actions relating to existing 

20 water resources development projects undertaken by 

21 the Secretary during the study period. 

22 (e) DEFINITIONS.—In this section: 

23 (1) YOLO BYPASS SYSTEM.—The term ‘‘Yolo 

24 Bypass System’’ means the system of weirs, levees, 

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1 opment projects in California’s Sacramento River 

2 Valley, extending from the Fremont Weir near 

3 Woodland, California, to the Sacramento River near 

4 Rio Vista, California, authorized pursuant to section 

5 2 of the Act of March 1, 1917 (chapter 144; 39 

6 Stat. 949). 

7 (2) YOLO BYPASS AND CACHE CLOUGH PART8 NERSHIP.—The term ‘‘Yolo Bypass and Cache 

9 Slough Partnership’’ means the group of parties to 

10 the Yolo Bypass and Cache Slough Memorandum of 

11 Understanding, effective May 2016, regarding col12 laboration and cooperation in the Yolo Bypass and 

13 Cache Slough region. 

14 SEC. 206. LAKE OKEECHOBEE REGULATION SCHEDULE, 

15 FLORIDA. 

16 (a) IN GENERAL.—In carrying out the review of the 

17 Lake Okeechobee regulation schedule pursuant to section 

18 1106 of the Water Resources Development Act of 2018 

19 (132 Stat. 3773), the Secretary shall— 

20 (1) evaluate the implications of prohibiting re21 leases from Lake Okeechobee through the S–308 

22 and S–80 lock and dam structures on the operation 

23 of the lake in accordance with authorized purposes 

24 and seek to minimize unnecessary releases to coastal 

25 estuaries; and 


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1 (2) to the maximum extent practicable, coordi2 nate with the ongoing efforts of Federal and State 

3 agencies responsible for monitoring, forecasting, and 

4 notification of cyanobacteria levels in Lake Okee5 chobee. 

6 (b) MONTHLY REPORT.—Each month, the Secretary 

7 shall make public a report, which may be based on the 

8 Water Management Daily Operational Reports, disclosing 

9 the volumes of water deliveries to or discharges from Lake 

10 Okeechobee & Vicinity, Water Conservation Area I, Water 

11 Conservation Area II, Water Conservation Area III, East 

12 Coast Canals, and the South Dade Conveyance. Such re13 port shall be aggregated and reported in a format designed 

14 for the general public, using maps or other widely under15 stood communication tools. 

16 (c) EFFECT.—In carrying out the evaluation under 

17 subsection (a)(1), nothing shall be construed to authorize 

18 any new purpose for the management of Lake Okeechobee 

19 or authorize the Secretary to affect any existing author20 ized purpose, including flood protection and management 

21 of Lake Okeechobee to provide water supply for all author22 ized users. 

23 SEC. 207. GREAT LAKES COASTAL RESILIENCY STUDY. 

24 (a) IN GENERAL.—In carrying out the comprehensive 

25 assessment of water resources needs for the Great Lakes 


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1 System under section 729 of the Water Resources Devel2 opment Act of 1986 (33 U.S.C. 2267a), as required by 

3 section 1219 of the Water Resources Development Act of 

4 2018 (132 Stat. 3811), the Secretary shall— 

5 (1) taking into account recent high lake levels 

6 within the Great Lakes, assess and make rec7 ommendations to Congress on— 

8 (A) coastal storm and flood risk manage9 ment measures, including measures that use 

10 natural features and nature-based features, as 

11 those terms are defined in section 1184 of the 

12 Water Resources Development Act of 2016 (33 

13 U.S.C. 2289a); 

14 (B) operation and maintenance of the 

15 Great Lakes Navigation System, as such term 

16 is defined in section 210 of the Water Re17 sources Development Act of 1986 (33 U.S.C. 

18 2238); 

19 (C) ecosystem protection and restoration; 

20 (D) the prevention and control of invasive 

21 species and the effects of invasive species; and 

22 (E) recreation associated with water re23 sources development projects; 


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1 (2) prioritize actions necessary to protect crit2 ical public infrastructure, communities, and critical 

3 natural or cultural resources; and 

4 (3) to the maximum extent practicable and 

5 where appropriate, utilize existing data provided to 

6 the Secretary by Federal and State agencies, Indian 

7 Tribes, and other stakeholders, including data ob8 tained through other Federal programs. 

9 (b) RECOMMENDATIONS; ADDITIONAL STUDY.— 

10 (1) IN GENERAL.—In carrying out the com11 prehensive assessment described in subsection (a), 

12 the Secretary may make a recommendation to Con13 gress for— 

14 (A) the construction of a water resources 

15 development project; 

16 (B) the structural or operational modifica17 tion of an existing water resources development 

18 project; 

19 (C) such additional monitoring of, or 

20 adaptive management measures to carry out 

21 with respect to, existing water resources devel22 opment projects, to respond to changing hydro23 logic and climatic conditions; or 


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1 (D) geographic areas within the Great 

2 Lakes System for additional study by the Sec3 retary. 

4 (2) ADDITIONAL CONSIDERATIONS.—Any feasi5 bility study carried out pursuant to a recommenda6 tion under paragraph (1)(D) shall be considered to 

7 be a continuation of the comprehensive assessment 

8 described in subsection (a). 

9 (c) EXEMPTION FROM MAXIMUM STUDY COST AND

10 DURATION LIMITATIONS.—Section 1001 of the Water Re11 sources Reform and Development Act of 2014 (33 U.S.C. 

12 2282c) shall not apply to any study recommended under 

13 subsection (b)(1)(D). 

14 SEC. 208. RATHBUN LAKE, CHARITON RIVER, IOWA. 

15 Not later than 1 year after the date of enactment 

16 of this Act, the Secretary shall submit to the Committee 

17 on Transportation and Infrastructure of the House of 

18 Representatives and the Committee on Environment and 

19 Public Works of the Senate a report that evaluates— 

20 (1) the existing allocations of storage space for 

21 Rathbun Lake, authorized pursuant to the Flood 

22 Control Act of 1954 (68 Stat. 1262; 121 Stat. 

23 1124), including the existing allocation for municipal 

24 water supply; 


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1 (2) the feasibility of expanding the existing allo2 cation of storage for municipal water supply; and 

3 (3) the affordability of future municipal water 

4 supply allocations from Rathbun Lake, for residen5 tial users of such future allocations, at projected fu6 ture costs. 

7 SEC. 209. REPORT ON THE STATUS OF RESTORATION IN 

8 THE LOUISIANA COASTAL AREA. 

9 Not later than 1 year after the date of enactment 

10 of this Act, the Coastal Louisiana Ecosystem Protection 

11 and Restoration Task Force established by section 7004 

12 of Water Resources Development Act of 2007 (121 Stat. 

13 1272) shall submit to Congress a report that summarizes 

14 the activities and recommendations of the task force, in15 cluding— 

16 (1) policies, strategies, plans, programs, 

17 projects, and activities undertaken for addressing 

18 conservation, protection, restoration, and mainte19 nance of the coastal Louisiana ecosystem; and 

20 (2) financial participation by each agency rep21 resented on the Task Force in conserving, pro22 tecting, restoring, and maintaining the coastal Lou23 isiana ecosystem. 


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1 SEC. 210. LOWER MISSISSIPPI RIVER COMPREHENSIVE 

2 STUDY. 

3 (a) COMPREHENSIVE STUDY.— 

4 (1) IN GENERAL.—The Secretary shall conduct 

5 a comprehensive study of the Lower Mississippi 

6 River basin, from Cape Girardeau, Missouri, to the 

7 Gulf of Mexico, to identify actions to be undertaken 

8 by the Secretary for the comprehensive management 

9 of the basin for the purposes of flood risk manage10 ment, navigation, ecosystem restoration, water sup11 ply, hydropower, and recreation. 

12 (2) FOCUS AREAS.—In conducting the com13 prehensive study under paragraph (1), the Secretary 

14 shall investigate projects, including— 

15 (A) projects proposed in the comprehensive 

16 coastal protection master plan entitled ‘‘Lou17 isiana Comprehensive Master Plan for a Sus18 tainable Coast’’ prepared by the State of Lou19 isiana and accepted by the Louisiana Coastal 

20 Protection and Restoration Authority (including 

21 any subsequent amendments or revisions), in22 cluding— 

23 (i) Ama sediment diversion; 

24 (ii) Union freshwater diversion; 

25 (iii) increase Atchafalaya flow to 

26 Terrebonne; and 


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1 (iv) Manchac Landbridge diversion; 

2 and 

3 (B) natural features and nature-based fea4 tures, including levee setbacks and instream 

5 and floodplain restoration. 

6 (b) CONSULTATION AND USE OF EXISTING DATA.— 

7 In conducting the comprehensive study under subsection 

8 (a), the Secretary shall consult with applicable Federal, 

9 State, and local agencies, Indian Tribes, non-Federal in10 terests, and other stakeholders, and, to the maximum ex11 tent practicable and where appropriate, make use of exist12 ing data provided to the Secretary by such parties. 

13 (c) RECOMMENDATIONS.— 

14 (1) IN GENERAL.—In conducting the com15 prehensive study under subsection (a), the Secretary 

16 may develop a recommendation to Congress for— 

17 (A) the construction of a water resources 

18 development project; 

19 (B) the structural or operational modifica20 tion of an existing water resources development 

21 project; 

22 (C) such additional monitoring of, or 

23 adaptive management measures to carry out 

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1 opment projects, to respond to changing condi2 tions; or 

3 (D) geographic areas within the Lower 

4 Mississippi River basin for additional study by 

5 the Secretary. 

6 (2) ADDITIONAL CONSIDERATIONS.—Any feasi7 bility study carried out pursuant to a recommenda8 tion under this subsection shall be considered to be 

9 a continuation of the comprehensive study required 

10 under subsection (a). 

11 (d) COMPLETION OF STUDY; REPORT TO CON12 GRESS.—Not later than 3 years after the date of enact13 ment of this section, the Secretary shall submit to the 

14 Committee on Transportation and Infrastructure of the 

15 House of Representatives and the Committee on Environ16 ment and Public Works of the Senate a report detailing— 

17 (1) the results of the comprehensive study re18 quired by this section, including any recommenda19 tions developed under subsection (c); and 

20 (2) any interim actions relating to existing 

21 water resources development projects undertaken by 

22 the Secretary during the study period. 


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1 SEC. 211. UPPER MISSISSIPPI RIVER COMPREHENSIVE 

2 PLAN. 

3 (a) ASSESSMENT.—The Secretary shall conduct an 

4 assessment of the water resources needs of the Upper Mis5 sissippi River under section 729 of the Water Resources 

6 Development Act of 1986 (33 U.S.C. 2267a). 

7 (b) REQUIREMENTS.—The Secretary shall carry out 

8 the assessment under subsection (a) in accordance with 

9 the requirements in section 1206(b) of Water Resources 

10 Development Act of 2016 (130 Stat. 1686). 

11 SEC. 212. LOWER MISSOURI BASIN FLOOD RISK AND RESIL12 IENCY STUDY, IOWA, KANSAS, NEBRASKA, 

13 AND MISSOURI. 

14 (a) ADDITIONAL STUDIES.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (2), upon the request of the non-Federal in17 terest for the Lower Missouri Basin study, the Sec18 retary shall expand the scope of such study to inves19 tigate and provide recommendations relating to— 

20 (A) modifications to projects in Iowa, Kan21 sas, Nebraska, and Missouri authorized under 

22 the Pick-Sloan Missouri River Basin Program 

23 (authorized by section 9(b) of the Flood Control 

24 Act of December 22, 1944 (chapter 665, 58 

25 Stat. 891)) and the Missouri River Bank Sta26 bilization and Navigation project (authorized by 


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1 section 2 of the Act of March 2, 1945 (chapter 

2 19, 59 Stat. 19)), including modifications to the 

3 authorized purposes of such projects to further 

4 flood risk management and resiliency; and 

5 (B) modifications to non-Federal, publicly 

6 owned levees in the Lower Missouri River 

7 Basin. 

8 (2) EXCEPTION.—If the Secretary determines 

9 that expanding the scope of the Lower Missouri 

10 Basin study as provided in paragraph (1) is not 

11 practicable, and the non-Federal interest for such 

12 study concurs in such determination, the Secretary 

13 shall carry out such additional studies as are nec14 essary to investigate the modifications described in 

15 paragraph (1). 

16 (3) CONTINUATION OF LOWER MISSOURI BASIN

17 STUDY.—The following studies shall be considered a 

18 continuation of the Lower Missouri Basin study: 

19 (A) Any additional study carried out under 

20 paragraph (2). 

21 (B) Any study recommended to be carried 

22 out in a report that the Chief of Engineers pre23 pares for the Lower Missouri Basin study. 

24 (C) Any study recommended to be carried 

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1 pares for an additional study carried out under 

2 paragraph (2). 

3 (D) Any study spun off from the Lower 

4 Missouri Basin study before the completion of 

5 such study. 

6 (E) Any study spun off from an additional 

7 study carried out under paragraph (2) before 

8 the completion of such additional study. 

9 (4) RELIANCE ON EXISTING INFORMATION.—In 

10 carrying out any study described in or authorized by 

11 this section, the Secretary, to the extent practicable, 

12 shall rely on existing data and analysis, including 

13 data and analysis prepared under section 22 of the 

14 Water Resources Development Act of 1974 (42 

15 U.S.C. 1962d–16). 

16 (5) CONSIDERATION; CONSULTATION.—In de17 veloping recommendations under paragraph (1), the 

18 Secretary shall— 

19 (A) consider the use of— 

20 (i) structural and nonstructural meas21 ures, including the setting back of levees 

22 and removing structures from areas of re23 curring flood vulnerability, where advan24 tageous, to reduce flood risk and damages 

25 in the Lower Missouri River Basin; and 


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1 (ii) where such features are locally ac2 ceptable, natural features or nature-based 

3 features (as such terms are defined in sec4 tion 1184 of the Water Resources Develop5 ment Act of 2016 (33 U.S.C. 2289a); and 

6 (B) consult with applicable Federal and 

7 State agencies, Indian Tribes, and other stake8 holders within the Lower Missouri River Basin 

9 and solicit public comment on such rec10 ommendations. 

11 (6) EXEMPTION FROM MAXIMUM STUDY COST

12 AND DURATION LIMITATIONS.—Section 1001 of the 

13 Water Resources Reform and Development Act of 

14 2014 (33 U.S.C. 2282c) shall not apply to the 

15 Lower Missouri Basin study or any study described 

16 in paragraph (3). 

17 (7) PRECONSTRUCTION, ENGINEERING, AND

18 DESIGN.—Upon completion of a study authorized by 

19 this section, if the Secretary determines that a rec20 ommended project, or modification to a project de21 scribed in paragraph (1), is justified, the Secretary 

22 may proceed directly to preconstruction planning, 

23 engineering, and design of the project or modifica24 tion. 

25 (8) TECHNICAL ASSISTANCE.— 


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1 (A) IN GENERAL.—For the provision of 

2 technical assistance to support small commu3 nities and economically disadvantaged commu4 nities in the planning and design of flood risk 

5 management and flood risk resiliency projects 

6 in the Lower Missouri River Basin, for each of 

7 fiscal years 2021 through 2026, there are au8 thorized to be appropriated— 

9 (i) $2,000,000 to carry out section 

10 206 of the Flood Control Act of 1960 (33 

11 U.S.C. 709a), in addition to amounts oth12 erwise authorized to carry out such sec13 tion; and 

14 (ii) $2,000,000 to carry out section 

15 22(a)(2) of the Water Resources Develop16 ment Act of 1974 (42 U.S.C. 1962d–16), 

17 in addition to amounts otherwise author18 ized to carry out such section. 

19 (B) CONDITIONS.— 

20 (i) LIMITATIONS NOT APPLICABLE.— 

21 The limitations on the use of funds in sec22 tion 206(d) of the Flood Control Act of 

23 1960 and section 22(c)(2) of the Water 

24 Resources Development Act of 1974 shall 


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1 not apply to the amounts authorized to be 

2 appropriated by subparagraph (A). 

3 (ii) RULE OF CONSTRUCTION.—Noth4 ing in this paragraph restricts the author5 ity of the Secretary to use any funds other6 wise appropriated to carry out section 206 

7 of the Flood Control Act of 1960 or sec8 tion 22(a)(2) of the Water Resources De9 velopment Act of 1974 to provide technical 

10 assistance described in subparagraph (A). 

11 (9) COMPLETION OF STUDY; REPORT TO CON12 GRESS.—Not later than 3 years after the date of en13 actment of this Act, the Secretary shall submit to 

14 the Committee on Transportation and Infrastructure 

15 of the House of Representatives and the Committee 

16 on Environment and Public Works of the Senate a 

17 report detailing— 

18 (A) the results of the study authorized by 

19 this section; 

20 (B) any additional, site-specific areas with21 in the Lower Missouri River Basin for which 

22 additional study for flood risk management 

23 projects is recommended by the Secretary; and 


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1 (C) any interim actions relating to existing 

2 water resources development projects under3 taken by the Secretary during the study period. 

4 (b) DEFINITIONS.—In this section: 

5 (1) LOWER MISSOURI BASIN STUDY.—The term 

6 ‘‘Lower Missouri Basin study’’ means the Lower 

7 Missouri Basin Flood Risk and Resiliency Study, 

8 Iowa, Kansas, Nebraska, and Missouri, authorized 

9 pursuant to section 216 of the Flood Control Act of 

10 1970 (33 U.S.C. 549a). 

11 (2) SMALL COMMUNITY.—The term ‘‘small 

12 community’’ means a local government that serves a 

13 population of less than 15,000. 

14 SEC. 213. PORTSMOUTH HARBOR AND PISCATAQUA RIVER 

15 AND RYE HARBOR, NEW HAMPSHIRE. 

16 Not later than 180 days after the date of enactment 

17 of this Act, the Secretary shall submit to Congress a writ18 ten status update regarding— 

19 (1) efforts to address the impacts of shoaling 

20 affecting the project for navigation, Rye Harbor, 

21 New Hampshire, authorized by section 101 of the 

22 River and Harbor Act of 1960 (74 Stat. 480); and 

23 (2) the project for navigation, Portsmouth Har24 bor and Piscataqua River, authorized by section 101 

25 of the River and Harbor Act of 1962 (76 Stat. 


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1 1173), as required to be expedited under section 

2 1317 of the Water Resources Development Act of 

3 2018 (Public Law 115–270). 

4 SEC. 214. COUGAR AND DETROIT DAMS, WILLAMETTE 

5 RIVER BASIN, OREGON. 

6 (a) REPORT.—Not later than 2 years after the date 

7 of enactment of this Act, the Secretary shall submit to 

8 the Committee on Transportation and Infrastructure of 

9 the House of Representatives and the Committee on Envi10 ronment and Public Works of the Senate, and make pub11 licly available, a report providing an initial analysis of 

12 deauthorizing hydropower as a project purpose at the Cou13 gar and Detroit Dams project. 

14 (b) CONTENTS.—The Secretary shall include in the 

15 report submitted under subsection (a)— 

16 (1) a description of the potential effects of 

17 deauthorizing hydropower as a project purpose at 

18 the Cougar and Detroit Dams project on— 

19 (A) the operation of the project, including 

20 with respect to the other authorized purposes of 

21 the project; 

22 (B) compliance of the project with the En23 dangered Species Act; 


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1 (C) costs that would be attributed to other 

2 authorized purposes of the project, including 

3 costs relating to compliance with such Act; and 

4 (D) other ongoing studies in the Willam5 ette River Basin; and 

6 (2) identification of any further research need7 ed. 

8 (c) PROJECT DEFINED.—In this section, the terms 

9 ‘‘Cougar and Detroit Dams project’’ and ‘‘project’’ mean 

10 the Cougar Dam and Reservoir project and Detroit Dam 

11 and Reservoir project, Willamette River Basin, Oregon, 

12 authorized by section 204 of the Flood Control Act of 

13 1950 (64 Stat. 179). 

14 SEC. 215. PORT ORFORD, OREGON. 

15 Not later than 180 days after the date of enactment 

16 of this Act, the Secretary shall, at Federal expense, submit 

17 to the Committee on Transportation and Infrastructure 

18 of the House of Representatives and the Committee on 

19 Environment and Public Works of the Senate a summary 

20 report on the research completed and data gathered by 

21 the date of enactment of this Act with regards to the con22 figuration of a breakwater for the project for navigation, 

23 Port Orford, Oregon, authorized by section 117 of the 

24 River and Harbor Act of 1970 (84 Stat. 1822; 106 Stat. 


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1 4809), for the purposes of addressing shoaling issues to 

2 minimize long-term maintenance costs. 

3 SEC. 216. WILSON CREEK AND SLOAN CREEK, FAIRVIEW, 

4 TEXAS. 

5 Not later than 180 days after the date of enactment 

6 of this section, the Secretary shall submit to Congress a 

7 written status update regarding efforts to address flooding 

8 along Wilson Creek and Sloan Creek in the City of Fair9 view, Texas. 

10 SEC. 217. GAO STUDY ON MITIGATION FOR WATER RE11 SOURCES DEVELOPMENT PROJECTS. 

12 Not later than 18 months after the date of enactment 

13 of this Act, the Comptroller General of the United States 

14 shall— 

15 (1) conduct a study on the mitigation of the im16 pact of water resources development projects, includ17 ing the impact on fish and wildlife, consistent with 

18 the requirements of section 906 of the Water Re19 sources Development Act of 1986 (33 U.S.C. 2283), 

20 section 307(a) of the Water Resources Development 

21 Act of 1990 (33 U.S.C. 2317(a)), and section 

22 2036(b) of the Water Resources Development Act of 

23 2007 (33 U.S.C. 2283a), including— 

24 (A) an evaluation of guidance or instruc25 tions issued, and other measures taken, by the 


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1 Secretary to ensure successful mitigation of 

2 such impacts; 

3 (B) a review of the methods of mitigation, 

4 including the use of in-lieu fees, mitigation 

5 banking, and permittee-responsible mitigation, 

6 and their long-term effectiveness of restoring or 

7 mitigating ecosystem services impacted by such 

8 projects; 

9 (C) a review of how the use of the different 

10 mitigation methods for such projects varies 

11 across Corps of Engineers districts; 

12 (D) an assessment of the backlog of miti13 gation projects, including the number of mitiga14 tion projects pending completion to address 

15 such impacts resulting from constructed water 

16 resources development projects; 

17 (E) an evaluation of how the Secretary 

18 tracks compliance with the mitigation require19 ments across Corps of Engineers districts; 

20 (F) a review of how the mitigation require21 ments for water resources development projects 

22 contributes to the resilience of water resources 

23 in the United States; 

24 (G) an assessment of whether mitigation is 

25 being done prior to or contemporaneously with 


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1 the construction of projects, as required by sec2 tion 906 of the Water Resources Development 

3 Act of 1986 (33 U.S.C. 2283); 

4 (H) an evaluation of compliance with sec5 tion 906(d) of the Water Resources Develop6 ment Act of 1986 (33 U.S.C. 2283(d)) for the 

7 development of specific mitigation plans for 

8 projects, whether such plans were successful in 

9 mitigating the designated impacts of the 

10 projects, and, in instances where such plans 

11 were not successful, what actions the Secretary 

12 is taking to modify the plans such that they will 

13 be successful; and 

14 (I) an assessment of how the Secretary 

15 might take advantage of natural infrastructure 

16 in mitigation planning to reduce flood risks and 

17 flood recovery costs for some communities; and 

18 (2) submit to Congress a report that— 

19 (A) describes the results of the study con20 ducted under paragraph (1); 

21 (B) includes recommendations to ensure 

22 compliance with and successful implementation 

23 of mitigation requirements for water resources 

24 development projects; and 


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1 (C) includes recommendations to ensure 

2 existing programs and authorities include the 

3 use, to the maximum extent practicable, of nat4 ural infrastructure. 

5 SEC. 218. GAO STUDY ON APPLICATION OF HARBOR MAIN6 TENANCE TRUST FUND EXPENDITURES. 

7 (a) STUDY.—Not later than 18 months after the date 

8 of enactment of this Act, the Comptroller General of the 

9 United States shall conduct a study of the operation and 

10 maintenance needs of federally authorized harbor and in11 land harbor projects, including— 

12 (1) an inventory of all federally authorized har13 bor and inland harbor projects; 

14 (2) an assessment of current uses of such 

15 projects (and, to the extent practicable, the national, 

16 regional, and local benefits of such uses), including 

17 the uses listed in section 210(d)(2)(B) of the Water 

18 Resources Development Act of 1986; 

19 (3) an assessment of the annual operation and 

20 maintenance needs associated with harbors and in21 land harbors referred to in subsection (a)(2) of sec22 tion 210 of the Water Resources Development Act 

23 of 1986 (33 U.S.C. 2238), including a breakdown of 

24 such needs for each of the following types of 

25 projects— 


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1 (A) emerging harbor projects (as defined 

2 in such section); 

3 (B) moderate-use harbor projects (as de4 fined in such section on the day before the date 

5 of enactment of this Act); 

6 (C) high-use harbor projects (as defined in 

7 such section on the day before the date of en8 actment of this Act); and 

9 (D) projects assigned to harbors and in10 land harbors within the Great Lakes Navigation 

11 System (as defined in such section); 

12 (4) an assessment of any deferred operation 

13 and maintenance needs for such projects; 

14 (5) an assessment of the annual funding level 

15 trends for moderate-use harbor projects (as defined 

16 in section 210 of the Water Resources Development 

17 Act of 1986 on the day before the date of enactment 

18 of this Act) after the date of enactment of the Water 

19 Resources Development Act of 2014 (Public Law 

20 113–121), excluding funds awarded to donor ports, 

21 medium-sized donor ports, and energy transfer ports 

22 (as such terms are defined in section 2106 of the 

23 Water Resources Reform and Development Act of 

24 2014 (33 U.S.C. 2201)); 


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1 (6) an assessment of projected needs associated 

2 with donor ports, medium-sized donor ports, and en3 ergy transfer ports (as such terms are defined in 

4 section 2106 of the Water Resources Reform and 

5 Development Act of 2014 (33 U.S.C. 2201)); and 

6 (7) an itemization of expenditures provided to 

7 donor ports, medium-sized donor ports, and energy 

8 transfer ports under section 2106 of the Water Re9 sources Reform and Development Act of 2014 (33 

10 U.S.C. 2201). 

11 (b) REPORT TO CONGRESS.—Upon completion of the 

12 report under subsection (a), the Comptroller General shall 

13 submit such report to the Committee on Transportation 

14 and Infrastructure of the House of Representatives and 

15 the Committee on Environment and Public Works of the 

16 Senate. 

17 SEC. 219. GAO STUDY ON ADMINISTRATION OF ENVIRON18 MENTAL BANKS. 

19 (a) IN GENERAL.—Not later than one year after the 

20 date of enactment of this Act, the Comptroller General 

21 of the United States shall conduct a study and submit to 

22 the appropriate committees of Congress a report that ana23 lyzes the administration of section 309 of the Coastal Wet24 lands Planning, Protection and Restoration Act to estabVerDate Sep 11 2014 21:52 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 E:\BILLS\H7575.RDS H7575

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1 lish an environmental bank (as defined in such section), 

2 such that the Secretary— 

3 (1) achieves the objectives of the report of the 

4 Chief of Engineers for ecosystem restoration in the 

5 Louisiana Coastal Area or the objectives of the com6 prehensive coastal protection master plan entitled 

7 ‘‘Louisiana Comprehensive Master Plan for a Sus8 tainable Coast’’ prepared by the State of Louisiana 

9 and accepted by the Louisiana Coastal Protection 

10 and Restoration Authority (including any subsequent 

11 amendments or revisions); 

12 (2) promotes ridge restoration, barrier island 

13 restoration, marsh creation, nonstructural risk man14 agement, or any other projects authorized, funded, 

15 or undertaken, or proposed to be authorized, funded, 

16 or undertaken, pursuant to such comprehensive 

17 coastal protection master plan; 

18 (3) allows for proactive investment in projects 

19 by a public or private entity seeking to generate 

20 credits to satisfy responsibilities associated with en21 vironmental compliance; 

22 (4) allows for leveraging additional State, Par23 ish, or Federal funds; and 


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1 (5) recommends methods for awarding addi2 tional credit for high-priority projects listed in the 

3 report and plan described in paragraph (1). 

4 (b) CONSULTATION WITH STAKEHOLDERS.—In car5 rying out subsection (a), the Comptroller General of the 

6 United States shall consult with the Secretary, the Lou7 isiana Coastal Wetlands Conservation and Restoration 

8 Task Force, the Governor of Louisiana (or an appointee), 

9 and other stakeholders, to the extent practicable. 

10 SEC. 220. STUDY ON CORPS OF ENGINEERS CONCES11 SIONAIRE AGREEMENTS. 

12 (a) STUDY.—Not later than 1 year after the date of 

13 enactment of this Act, the Comptroller General of the 

14 United States shall conduct, and submit to the Committee 

15 on Transportation and Infrastructure of the House of 

16 Representatives and the Committee on Environment and 

17 Public Works of the Senate a report on the results of, 

18 a study on commercial concessionaires at Corps of Engi19 neers recreational facilities. 

20 (b) REQUIREMENTS.—The study under subsection 

21 (a) shall include— 

22 (1) an analysis of Corps of Engineers policies 

23 as they relate to the pricing of items sold by com24 mercial concessionaires at Corps of Engineers recVerDate Sep 11 2014 21:52 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 E:\BILLS\H7575.RDS H7575

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1 reational facilities, including commoditized goods 

2 such as fuel and food items; 

3 (2) an assessment of the impact of gross rev4 enue fees on— 

5 (A) the sales of items described in para6 graph (1); 

7 (B) the total revenues collected by com8 mercial concessionaires at Corps of Engineers 

9 recreational facilities; and 

10 (C) the amounts of the moneys paid by 

11 such concessionaires to the United States— 

12 (i) amounts equivalent to which are 

13 appropriated to the Corps of Engineers for 

14 operation and maintenance of recreational 

15 facilities; or 

16 (ii) that are distributed to States and 

17 counties under section 7 of the Act of Au18 gust 18, 1941 (33 U.S.C. 701c–3); 

19 (3) an assessment of the potential impact of 

20 using a fixed revenue fee on the sales, revenues, and 

21 amounts described in paragraph (2); 

22 (4) an analysis of Corps of Engineers policies 

23 related to the length of commercial concessionaire 

24 contracts; 


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1 (5) an assessment of the impacts of changing 

2 the length of commercial concessionaire contracts to 

3 a minimum of 25 years, including assessment of— 

4 (A) the potential effects on monetary in5 vestment in Corps of Engineers properties by 

6 commercial concessionaires, including whether 

7 establishing such a minimum contract length 

8 would lead to increased investment; and 

9 (B) whether establishing such a minimum 

10 contract length would reduce competition, or re11 sult in commercial concessionaires providing 

12 less value to the public or to water resources 

13 development projects; and 

14 (6) an assessment of whether changes in the 

15 concessionaire fee structure or the minimum length 

16 of a commercial concessionaire contract is in the 

17 public interest. 

18 SEC. 221. STUDY ON WATER SUPPLY AND WATER CON19 SERVATION AT WATER RESOURCES DEVEL20 OPMENT PROJECTS. 

21 (a) IN GENERAL.—Not later than 18 months after 

22 the date of enactment of this Act, the Secretary shall sub23 mit to the Committee on Transportation and Infrastruc24 ture of the House of the Representatives and the Com25 mittee on Environment and Public Works of the Senate 


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1 a report that analyzes the benefits and consequences of 

2 including municipal water supply and water conservation 

3 as a primary mission of the Corps of Engineers in carrying 

4 out water resources development projects. 

5 (b) INCLUSION.—The Secretary shall include in the 

6 report submitted under subsection (a)— 

7 (1) a description of existing water resources de8 velopment projects with municipal water supply or 

9 water conservation as authorized purposes, and the 

10 extent to which such projects are utilized for such 

11 purposes; 

12 (2) a description of existing water resources de13 velopment projects with respect to which— 

14 (A) municipal water supply or water con15 servation could be added as a project purpose, 

16 including those with respect to which a non17 Federal interest has expressed an interest in 

18 adding municipal water supply or water con19 servation as a project purpose; and 

20 (B) such a purpose could be accommodated 

21 while maintaining existing authorized purposes; 

22 (3) a description of ongoing water resources de23 velopment project studies the authorizations for 

24 which include authorization for the Secretary to 

25 study the feasibility of carrying out the project with 


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1 a purpose of municipal water supply or water con2 servation; 

3 (4) an analysis of how adding municipal water 

4 supply and water conservation as a primary mission 

5 of the Corps of Engineers would affect the ability of 

6 the Secretary to carry out future water resources de7 velopment projects; and 

8 (5) any recommendations of the Secretary relat9 ing to including municipal water supply and water 

10 conservation as a primary mission of the Corps of 

11 Engineers. 

12 SEC. 222. PFAS REVIEW AND INVENTORY AT CORPS FACILI13 TIES. 

14 (a) INVENTORY OF PFAS AT CORPS FACILITIES.— 

15 (1) IN GENERAL.—Not later than 18 months 

16 after the date of enactment of this section, and an17 nually thereafter the Secretary shall complete an in18 ventory of Corps of Engineers civil works facilities 

19 that are or may be contaminated, or could become 

20 contaminated, by PFAS. 

21 (2) CONTENTS OF INVENTORY.—In carrying 

22 out this subsection, the Secretary shall review and 

23 identify— 

24 (A) all facilities owned or operated by the 

25 Corps of Engineers, for which there is a civil 


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1 works function, that are or may be contami2 nated, or could become contaminated, by 

3 PFAS; 

4 (B) the nature and extent of any such con5 tamination or potential for contamination, in6 cluding any potential pathways for human expo7 sure to PFAS; 

8 (C) response measures taken to monitor, 

9 control, remove, or remediate PFAS, or other10 wise reduce the risk of human exposure to 

11 PFAS; 

12 (D) for facilities identified under subpara13 graph (A), the extent to which such facilities 

14 (or any such contamination or potential for con15 tamination at such facilities) are related to the 

16 civil works functions of the Corps of Engineers; 

17 (E) the extent to which the Secretary, or 

18 other entities, may have responsibility for such 

19 contamination or potential for contamination; 

20 and 

21 (F) for facilities identified under subpara22 graph (A), the costs to remediate and reduce 

23 the risk of human exposure to PFAS. 

24 (3) COORDINATION WITH OTHER FEDERAL

25 AGENCIES.—To the maximum extent practicable, the 


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1 actions taken under this subsection shall supplement 

2 and support work undertaken by other Federal 

3 agencies, including actions taken pursuant to the 

4 plan published by the Administrator of the Environ5 mental Protection Agency, titled ‘‘EPA’s Per- and 

6 Polyfluoroalkyl Substances (PFAS) Action Plan’’ 

7 and dated February 2019. 

8 (4) REPORT TO CONGRESS.—Upon completion 

9 of the inventory under paragraph (1), and annually 

10 thereafter concurrent with the President’s annual 

11 budget request to Congress, the Secretary shall sub12 mit the inventory to the Committee on Transpor13 tation and Infrastructure of the House of Represent14 atives and the Committee on Environment and Pub15 lic Works of the Senate. 

16 (b) PFAS TECHNOLOGY RESEARCH.— 

17 (1) RESEARCH SUPPORT.—The Secretary, act18 ing through the Hazardous Waste Research Center 

19 located at the Engineer Research and Development 

20 Center, shall, to the maximum extent practicable, 

21 support the efforts of other Federal agencies in the 

22 development of innovative technologies and meth23 odologies for the detection, treatment, and cleanup 

24 of PFAS associated with Federal facilities, including 

25 groundwater associated with such facilities. 


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1 (2) DUPLICATION OF EFFORTS.—Nothing in 

2 this subsection is intended to duplicate the activities 

3 undertaken by other Federal agencies as identified 

4 in subsection (a)(3). 

5 (c) DEFINITION.—In this section, the term ‘‘PFAS’’ 

6 means a perfluoroalkyl substance or polyfluoroalkyl sub7 stance with at least one fully fluorinated carbon atom. 

8 SEC. 223. REPORT ON RECREATIONAL FACILITIES. 

9 No later than 18 months after the date of enactment 

10 of this Act, the Secretary shall submit to the Committee 

11 on Transportation and Infrastructure of the House of 

12 Representatives and the Committee on Environment and 

13 Public Works of the Senate a report that contains— 

14 (1) an inventory of all recreational infrastruc15 ture and facilities associated with water resources 

16 development projects; 

17 (2) an assessment of the annual operation and 

18 maintenance needs associated with such infrastruc19 ture and facilities; 

20 (3) an assessment of deferred operation and 

21 maintenance needs for such infrastructure and facili22 ties to operate safely at full capacity; and 

23 (4) an assessment of the economic benefits of 

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1 fits of sustaining and improving public access at rec2 reational infrastructure and facilities. 

3 TITLE III—DEAUTHORIZATIONS 

4 AND MODIFICATIONS 

5 SEC. 301. DEAUTHORIZATION OF INACTIVE PROJECTS. 

6 (a) PURPOSES.—The purposes of this section are— 

7 (1) to identify water resources development 

8 projects authorized by Congress that are no longer 

9 viable for construction due to— 

10 (A) a lack of local support; 

11 (B) a lack of available Federal or non-Fed12 eral resources; or 

13 (C) an authorizing purpose that is no 

14 longer relevant or feasible; 

15 (2) to create an expedited and definitive process 

16 for Congress to deauthorize water resources develop17 ment projects that are no longer viable for construc18 tion; and 

19 (3) to allow the continued authorization of 

20 water resources development projects that are viable 

21 for construction. 

22 (b) PROPOSED DEAUTHORIZATION LIST.— 

23 (1) PRELIMINARY LIST OF PROJECTS.— 

24 (A) IN GENERAL.—The Secretary shall de25 velop a preliminary list of each water resources 


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1 development project, or separable element of a 

2 project, authorized for construction before No3 vember 8, 2007, for which— 

4 (i) planning, design, or construction 

5 was not initiated before the date of enact6 ment of this Act; or 

7 (ii) planning, design, or construction 

8 was initiated before the date of enactment 

9 of this Act, but for which no funds, Fed10 eral or non-Federal, were obligated for 

11 planning, design, or construction of the 

12 project or separable element of the project 

13 during the current fiscal year or any of the 

14 10 preceding fiscal years. 

15 (B) USE OF COMPREHENSIVE CONSTRUC16 TION BACKLOG AND OPERATION AND MAINTE17 NANCE REPORT.—The Secretary may develop 

18 the preliminary list from the comprehensive 

19 construction backlog and operation and mainte20 nance reports developed pursuant to section 

21 1001(b)(2) of the Water Resources Develop22 ment Act of 1986 (33 U.S.C. 579a). 

23 (2) PREPARATION OF PROPOSED DEAUTHORIZA24 TION LIST.— 


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1 (A) DEAUTHORIZATION AMOUNT.—The 

2 Secretary shall prepare a proposed list of 

3 projects for deauthorization comprised of a sub4 set of projects and separable elements identified 

5 on the preliminary list developed under para6 graph (1) that have, in the aggregate, an esti7 mated Federal cost to complete that is at least 

8 $10,000,000,000. 

9 (B) DETERMINATION OF FEDERAL COST

10 TO COMPLETE.—For purposes of subparagraph 

11 (A), the Federal cost to complete shall take into 

12 account any allowances authorized by section 

13 902 of the Water Resources Development Act 

14 of 1986 (33 U.S.C. 2280), as applied to the 

15 most recent project schedule and cost estimate. 

16 (C) INCLUSION OF DEAUTHORIZATION OF

17 ANTIQUATED PROJECTS.—The Secretary shall 

18 reduce the amount identified for deauthoriza19 tion under paragraph (2)(A) by an amount 

20 equivalent to the estimated current value of 

21 each project, or separable element of a project, 

22 that is deauthorized by subsection (f). 

23 (3) SEQUENCING OF PROJECTS.— 

24 (A) IN GENERAL.—The Secretary shall 

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1 clusion on the proposed list of projects for de2 authorization under paragraph (2) according to 

3 the order in which the projects and separable 

4 elements were authorized, beginning with the 

5 earliest authorized projects and separable ele6 ments and ending with the latest project or sep7 arable element necessary to meet the aggregate 

8 amount under paragraph (2)(A). 

9 (B) FACTORS TO CONSIDER.—The Sec10 retary may identify projects and separable ele11 ments in an order other than that established 

12 by subparagraph (A) if the Secretary deter13 mines, on a case-by-case basis, that a project or 

14 separable element is critical for interests of the 

15 United States, based on the possible impact of 

16 the project or separable element on public 

17 health and safety, the national economy, or the 

18 environment. 

19 (4) PUBLIC COMMENT AND CONSULTATION.— 

20 (A) IN GENERAL.—The Secretary shall so21 licit comments from the public and the Gov22 ernors of each applicable State on the proposed 

23 deauthorization list prepared under paragraph 

24 (2)(A). 


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1 (B) COMMENT PERIOD.—The public com2 ment period shall be 90 days. 

3 (5) PREPARATION OF FINAL DEAUTHORIZATION

4 LIST.— 

5 (A) IN GENERAL.—The Secretary shall 

6 prepare a final deauthorization list by— 

7 (i) considering any comments received 

8 under paragraph (4); and 

9 (ii) revising the proposed deauthoriza10 tion list prepared under paragraph (2)(A) 

11 as the Secretary determines necessary to 

12 respond to such comments. 

13 (B) APPENDIX.—The Secretary shall in14 clude as part of the final deauthorization list an 

15 appendix that— 

16 (i) identifies each project or separable 

17 element on the proposed deauthorization 

18 list that is not included on the final de19 authorization list; and 

20 (ii) describes the reasons why the 

21 project or separable element is not in22 cluded on the final deauthorization list. 

23 (c) SUBMISSION OF FINAL DEAUTHORIZATION LIST

24 TO CONGRESS FOR CONGRESSIONAL REVIEW; PUBLICA25 TION.— 


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1 (1) IN GENERAL.—Not later than 90 days after 

2 the date of the close of the comment period under 

3 subsection (b)(4), the Secretary shall— 

4 (A) submit the final deauthorization list 

5 and appendix prepared under subsection (b)(5) 

6 to the Committee on Transportation and Infra7 structure of the House of Representatives and 

8 the Committee on Environment and Public 

9 Works of the Senate; and 

10 (B) publish the final deauthorization list 

11 and appendix in the Federal Register. 

12 (2) EXCLUSIONS.—The Secretary shall not in13 clude in the final deauthorization list submitted 

14 under paragraph (1) any project or separable ele15 ment with respect to which Federal funds for plan16 ning, design, or construction are obligated after the 

17 development of the preliminary list under subsection 

18 (b)(1)(A) but prior to the submission of the final de19 authorization list under paragraph (1)(A) of this 

20 subsection. 

21 (d) DEAUTHORIZATION; CONGRESSIONAL REVIEW.— 

22 (1) IN GENERAL.—After the expiration of the 

23 2-year period beginning on the date of publication of 

24 the final deauthorization list and appendix under 

25 subsection (c)(1)(B), a project or separable element 


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1 of a project identified in the final deauthorization 

2 list is hereby deauthorized, unless Congress passes a 

3 joint resolution disapproving the final deauthoriza4 tion list prior to the end of such period. 

5 (2) NON-FEDERAL CONTRIBUTIONS.— 

6 (A) IN GENERAL.—A project or separable 

7 element of a project identified in the final de8 authorization list under subsection (c) shall not 

9 be deauthorized under this subsection if, before 

10 the expiration of the 2-year period referred to 

11 in paragraph (1), the non-Federal interest for 

12 the project or separable element of the project 

13 provides sufficient funds to complete the project 

14 or separable element of the project. 

15 (B) TREATMENT OF PROJECTS.—Notwith16 standing subparagraph (A), each project and 

17 separable element of a project identified in the 

18 final deauthorization list shall be treated as de19 authorized for purposes of the aggregate de20 authorization amount specified in subsection 

21 (b)(2)(A). 

22 (3) PROJECTS IDENTIFIED IN APPENDIX.—A 

23 project or separable element of a project identified 

24 in the appendix to the final deauthorization list shall 


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1 remain subject to future deauthorization by Con2 gress. 

3 (e) SPECIAL RULES.— 

4 (1) POST-AUTHORIZATION STUDIES.—A project 

5 or separable element of a project may not be identi6 fied on the proposed deauthorization list developed 

7 under subsection (b), or the final deauthorization list 

8 developed under subsection (c), if the project or sep9 arable element received funding for a post-authoriza10 tion study during the current fiscal year or any of 

11 the 10 preceding fiscal years. 

12 (2) TREATMENT OF PROJECT MODIFICA13 TIONS.—For purposes of this section, if an author14 ized water resources development project or sepa15 rable element of the project has been modified by an 

16 Act of Congress, the date of the authorization of the 

17 project or separable element shall be deemed to be 

18 the date of the most recent such modification. 

19 (f) DEAUTHORIZATION OF ANTIQUATED

20 PROJECTS.— 

21 (1) IN GENERAL.—Any water resources devel22 opment project, or separable element of a project, 

23 authorized for construction prior to November 17, 

24 1986, for which construction has not been initiated 

25 prior to the date of enactment of this Act, or for 


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1 which funds have not been obligated for construction 

2 in the 10-year period prior to the date of enactment 

3 of this Act, is hereby deauthorized. 

4 (2) IDENTIFICATION.—Not later than 60 days 

5 after the date of enactment of this Act, the Sec6 retary shall issue to the Committee on Transpor7 tation and Infrastructure of the House of Represent8 atives and the Committee on Environment and Pub9 lic Works of the Senate a report that identifies— 

10 (A) the name of each project, or separable 

11 element of a project, deauthorized by paragraph 

12 (1); and 

13 (B) the estimated current value of each 

14 such project or separable element of a project. 

15 (g) ECONOMIC AND ENVIRONMENTAL REVIEW OF IN16 ACTIVE WATER RESOURCES DEVELOPMENT PROJECTS.— 

17 The Secretary or the non-Federal interest may not carry 

18 out any authorized water resources development project, 

19 or separable element of such project, for which construc20 tion has not been initiated in the 20-year period following 

21 the date of the authorization of such project or separable 

22 element, until— 

23 (1) the Secretary provides to the Committee on 

24 Transportation and Infrastructure of the House of 

25 Representatives and the Committee on Environment 


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1 and Public Works of the Senate a post-authorization 

2 change report that updates the economic and envi3 ronmental analysis of the project or separable ele4 ment; and 

5 (2) the Committee on Transportation and In6 frastructure of the House of Representatives and the 

7 Committee on Environment and Public Works of the 

8 Senate take appropriate action to address any modi9 fications to the economic and environmental analysis 

10 for the project or separable element of the project 

11 contained in the post-authorization change report. 

12 (h) DEFINITIONS.—In this section: 

13 (1) POST-AUTHORIZATION CHANGE REPORT.— 

14 The term ‘‘post-authorization change report’’ has 

15 the meaning given such term in section 1132(d) of 

16 the Water Resources Development Act of 2016 (33 

17 U.S.C. 2282e). 

18 (2) POST-AUTHORIZATION STUDY.—The term 

19 ‘‘post-authorization study’’ means— 

20 (A) a feasibility report developed under 

21 section 905 of the Water Resources Develop22 ment Act of 1986 (33 U.S.C. 2282); 

23 (B) a feasibility study, as defined in sec24 tion 105(d) of the Water Resources Develop25 ment Act of 1986 (33 U.S.C. 2215(d)); or 


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1 (C) a review conducted under section 216 

2 of the Flood Control Act of 1970 (33 U.S.C. 

3 549a), including an initial appraisal that— 

4 (i) demonstrates a Federal interest; 

5 and 

6 (ii) requires additional analysis for the 

7 project or separable element. 

8 (3) WATER RESOURCES DEVELOPMENT

9 PROJECT.—The term ‘‘water resources development 

10 project’’ includes an environmental infrastructure 

11 assistance project or program of the Corps of Engi12 neers. 

13 SEC. 302. ABANDONED AND INACTIVE NONCOAL MINE RES14 TORATION. 

15 Section 560(f) of the Water Resources Development 

16 Act of 1999 (33 U.S.C. 2336(f)) is amended by striking 

17 ‘‘$20,000,000’’ and inserting ‘‘$30,000,000’’. 

18 SEC. 303. TRIBAL PARTNERSHIP PROGRAM. 

19 Section 203(b)(4) of the Water Resources Develop20 ment Act of 2000 (33 U.S.C. 2269) is amended by strik21 ing ‘‘$12,500,000’’ each place it appears and inserting 

22 ‘‘$15,000,000’’. 


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1 SEC. 304. LAKES PROGRAM. 

2 Section 602(a) of the Water Resources Development 

3 Act of 1986 (Public Law 99–662, 100 Stat. 4148; 110 

4 Stat. 3758; 113 Stat. 295; 121 Stat. 1076) is amended— 

5 (1) in paragraph (27), by striking ‘‘and’’ at the 

6 end; 

7 (2) in paragraph (28), by striking the period at 

8 the end and inserting a semicolon; and 

9 (3) by adding at the end the following: 

10 ‘‘(29) Ellis Pond and Guild Pond, Norwood, 

11 Massachusetts; and 

12 ‘‘(30) Memorial Pond, Walpole, Massachu13 setts.’’. 

14 SEC. 305. WATERCRAFT INSPECTION STATIONS. 

15 Section 104(d)(1)(A) of the River and Harbor Act 

16 of 1958 (33 U.S.C. 610(d)(1)(A)) is amended— 

17 (1) in clause (ii), by striking ‘‘; and’’ and in18 serting a semicolon; 

19 (2) in clause (iii), by striking ‘‘Arizona River 

20 Basins.’’ and inserting ‘‘Arkansas River Basins; 

21 and’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(iv) to protect the Russian River 

24 Basin, California.’’. 


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1 SEC. 306. REHABILITATION OF CORPS OF ENGINEERS CON2 STRUCTED DAMS. 

3 Section 1177 of the Water Resources Development 

4 Act of 2016 (33 U.S.C. 467f–2 note) is amended— 

5 (1) in subsection (e), by striking ‘‘$40,000,000’’ 

6 and inserting ‘‘$60,000,000’’; and 

7 (2) in subsection (f), by striking ‘‘$40,000,000’’ 

8 and inserting ‘‘$60,000,000’’. 

9 SEC. 307. CHESAPEAKE BAY ENVIRONMENTAL RESTORA10 TION AND PROTECTION PROGRAM. 

11 (a) IN GENERAL.—Section 510 of the Water Re12 sources Development Act of 1996 (Public Law 104–303, 

13 110 Stat. 3759; 121 Stat. 1202; 128 Stat. 1317) is 

14 amended— 

15 (1) by redesignating subsection (h) as sub16 section (i) and inserting after subsection (g) the fol17 lowing: 

18 ‘‘(h) PROJECT CAP.—The total cost of a project car19 ried out under this section may not exceed $15,000,000.’’; 

20 and 

21 (2) in subsection (i) (as so redesignated), by 

22 striking ‘‘$40,000,000’’ and inserting 

23 ‘‘$60,000,000’’. 

24 (b) OUTREACH AND TRAINING.—The Secretary shall 

25 conduct public outreach and workshops for non-Federal 

26 interests to provide information on the Chesapeake Bay 


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1 environmental restoration and protection program estab2 lished under section 510 of the Water Resources Develop3 ment Act of 1996, including how to participate in the pro4 gram. 

5 SEC. 308. UPPER MISSISSIPPI RIVER SYSTEM ENVIRON6 MENTAL MANAGEMENT PROGRAM. 

7 Section 1103(e) of the Water Resources Development 

8 Act of 1986 (33 U.S.C. 652(e)) is amended— 

9 (1) in paragraph (3), by striking 

10 ‘‘$22,750,000’’ and inserting ‘‘$40,000,000’’; and 

11 (2) in paragraph (4), by striking 

12 ‘‘$10,420,000’’ and inserting ‘‘$15,000,000’’. 

13 SEC. 309. MCCLELLAN-KERR ARKANSAS RIVER NAVIGA14 TION SYSTEM. 

15 Any Federal funds, regardless of the account from 

16 which the funds were provided, used to carry out construc17 tion of the modification to the McClellan-Kerr Arkansas 

18 River Navigation System, authorized in section 136 of the 

19 Energy and Water Development Appropriations Act, 2004 

20 (117 Stat. 1842), shall be considered by the Secretary as 

21 initiating construction of the project such that future 

22 funds will not require a new investment decision. 


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1 SEC. 310. OUACHITA-BLACK RIVER NAVIGATION PROJECT, 

2 ARKANSAS. 

3 The project for navigation, Ouachita-Black River, Ar4 kansas, authorized by section 101 of the River and Harbor 

5 Act of 1960 (Public Law 86–645), is modified to include 

6 water supply as a project purpose, subject to completion 

7 by the Secretary of a feasibility study and any other review 

8 necessary for such modification. 

9 SEC. 311. SACRAMENTO RIVER, GLENN-COLUSA, CALI10 FORNIA. 

11 The portion of project for flood control, Sacramento 

12 River, California, authorized by section 2 of the Act of 

13 March 1, 1917 (chapter 144, 39 Stat. 949; 103 Stat. 649; 

14 110 Stat. 3709; 112 Stat. 1841; 113 Stat. 299), con15 sisting of a riverbed gradient restoration facility at the 

16 Glenn-Colusa Irrigation District Intake, is no longer au17 thorized beginning on the date of enactment of this Act. 

18 SEC. 312. LAKE ISABELLA, CALIFORNIA. 

19 (a) SENSE OF CONGRESS.—It is the sense of Con20 gress that the Secretary, when evaluating alternative loca21 tions for construction of a permanent Isabella Lake Vis22 itor Center by the Corps of Engineers to replace the facil23 ity impacted by the Isabella Dam safety modification 

24 project, should afford substantial weight to the site pref25 erence of the local community. 


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1 (b) AUTHORITY.—The Secretary may acquire such 

2 interests in real property as the Secretary determines nec3 essary or advisable to support construction of the Isabella 

4 Dam safety modification project. 

5 (c) TRANSFER.—The Secretary may transfer any real 

6 property interests acquired under subsection (b) to any 

7 other Federal agency or department without reimburse8 ment. 

9 (d) ISABELLA DAM SAFETY MODIFICATION PROJECT

10 DEFINED.—In this section, the term ‘‘Isabella Dam safety 

11 modification project’’ means the dam safety modification 

12 project at the Isabella Reservoir in the San Joaquin Val13 ley, California (authorized by Act of December 22, 1944 

14 (chapter 665, 58 Stat. 901)), including the component of 

15 the project relating to construction a visitor center facility. 

16 SEC. 313. LOWER SAN JOAQUIN RIVER FLOOD CONTROL 

17 PROJECT. 

18 The Secretary shall align the schedules of, and maxi19 mize complimentary efforts, minimize duplicative prac20 tices, and ensure coordination and information sharing 

21 with respect to— 

22 (1) the project for flood risk management, 

23 Lower San Joaquin River, authorized by section 

24 1401(2) of the Water Resources Development Act of 

25 2018 (132 Stat. 3836); and 


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1 (2) the second phase of the feasibility study for 

2 the Lower San Joaquin River project for flood risk 

3 management, authorized for expedited completion by 

4 section 1203(a)(7) of the Water Resources Develop5 ment Act 2018 (132 Stat. 3803). 

6 SEC. 314. SAN DIEGO RIVER AND MISSION BAY, SAN DIEGO 

7 COUNTY, CALIFORNIA. 

8 The portion of the project for flood control and navi9 gation, San Diego River and Mission Bay, San Diego 

10 County, California, authorized by the Act of July 24, 1946 

11 (chapter 595, 60 Stat. 636), identified in the National 

12 Levee Database established under section 9004 of the 

13 Water Resources Development Act of 2007 (33 U.S.C. 

14 3303) as the San Diego River 3 segment and consisting 

15 of a 785-foot-long segment of the right bank levee from 

16 Station 209+41.75 to its end at Station 217+26.75, as 

17 described in construction plans dated August 30, 1951, 

18 is no longer authorized beginning on the date of enactment 

19 of this Act. 

20 SEC. 315. SAN FRANCISCO, CALIFORNIA, WATERFRONT 

21 AREA. 

22 (a) IN GENERAL.—Section 114 of the River and Har23 bor Act of 1968 (33 U.S.C. 59h) is amended to read as 

24 follows: 


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1 ‘‘SEC. 114. SAN FRANCISCO, CALIFORNIA, WATERFRONT 

2 AREA. 

3 ‘‘(a) AREA TO BE DECLARED NONNAVIGABLE.—The 

4 following area is declared to be nonnavigable waters of the 

5 United States: All of that portion of the City and County 

6 of San Francisco, California, lying shoreward of a line be7 ginning at the intersection of the southerly right of way 

8 line of Earl Street prolongation with the Pierhead United 

9 States Government Pierhead line, the Pierhead line as de10 fined in the State of California Harbor and Navigation 

11 Code Section 1770, as amended in 1961; thence northerly 

12 along said Pierhead line to its intersection with a line par13 allel with and distant 10 feet easterly from, the existing 

14 easterly boundary line of Pier 30–32; thence northerly 

15 along said parallel line and its northerly prolongation, to 

16 a point of intersection with a line parallel with, and distant 

17 10 feet northerly from, the existing northerly boundary of 

18 Pier 30–32; thence westerly along last said parallel line 

19 to its intersection with said Pierhead line; thence northerly 

20 along said Pierhead line, to the intersection of the easterly 

21 right of way line of Van Ness Avenue, formerly Marlette 

22 Street, prolongation to the Pierhead line. 

23 ‘‘(b) REQUIREMENT THAT AREA BE IMPROVED.— 

24 The declaration of nonnavigability under subsection (a) 

25 applies only to those parts of the area described in sub26 section (a) that are or will be bulkheaded, filled, or otherVerDate Sep 11 2014 21:52 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 E:\BILLS\H7575.RDS H7575

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1 wise occupied or covered by permanent structures and 

2 does not affect the applicability of any Federal statute or 

3 regulation that relates to filling of navigable waters or to 

4 other regulated activities within the area described in sub5 section (a), including sections 9 and 10 of the Act of 

6 March 3, 1899 (33 U.S.C. 401, 403), section 404 of the 

7 Federal Water Pollution Control Act, and the National 

8 Environmental Policy Act of 1969. 

9 ‘‘(c) INCLUSION OF EMBARCADERO HISTORIC DIS10 TRICT.—Congress finds and declares that the area de11 scribed in subsection (a) contains the seawall, piers, and 

12 wharves that comprise the Embarcadero Historic District 

13 listed on the National Register of Historic Places on May 

14 12, 2006.’’. 

15 (b) CONFORMING AMENDMENT.—Section 5052 of the 

16 Water Resources Development Act of 2007 (33 U.S.C. 

17 59h–1) is repealed. 

18 SEC. 316. WESTERN PACIFIC INTERCEPTOR CANAL, SAC19 RAMENTO RIVER, CALIFORNIA. 

20 The portion of the project for flood protection on the 

21 Sacramento River, authorized by section 2 of the of March 

22 1, 1917 (chapter 144, 39 Stat. 949; 45 Stat. 539; 50 Stat. 

23 877; 55 Stat. 647; 80 Stat. 1422), consisting of the por24 tion of the levee from GPS coordinate N2147673.584 

25 E6690904.187 to N2147908.413 E6689057.060 associVerDate Sep 11 2014 21:52 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00152 Fmt 6652 Sfmt 6201 E:\BILLS\H7575.RDS H7575

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1 ated with the Western Pacific Interceptor Canal, is no 

2 longer authorized beginning on the date of the enactment 

3 of this Act. 

4 SEC. 317. RIO GRANDE ENVIRONMENTAL MANAGEMENT 

5 PROGRAM, COLORADO, NEW MEXICO, AND 

6 TEXAS. 

7 Section 5056(f) of the Water Resources Development 

8 Act of 2007 (Public Law 110–114, 121 Stat. 1213; 128 

9 Stat. 1314) is amended by striking ‘‘2019’’ and inserting 

10 ‘‘2029’’. 

11 SEC. 318. NEW LONDON HARBOR WATERFRONT CHANNEL, 

12 CONNECTICUT. 

13 (a) IN GENERAL.—The portion of the project for 

14 navigation, New London Harbor, Connecticut, authorized 

15 by the first section of the Act of June 13, 1902 (chapter 

16 1079, 32 Stat. 333), described in subsection (b) is no 

17 longer authorized beginning on the date of enactment of 

18 this Act. 

19 (b) AREA DESCRIBED.—The area referred to in sub20 section (a) is generally the portion between and around 

21 the 2 piers at the State Pier in New London, specifically 

22 the area— 

23 (1) beginning at a point N691263.78, 

24 E1181259.26; 


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1 (2) running N 35°01’50.75’’ W about 955.59 

2 feet to a point N692046.26, E1180710.74; 

3 (3) running N 54°58’06.78’’ E about 100.00 

4 feet to a point N692103.66, E1180792.62; 

5 (4) running S 35°01’50.75’’ E about 989.8 feet 

6 to a point N691293.17, E1181360.78; and 

7 (5) running S 73°51’15.45’’ W about 105.69 

8 feet to the point described in paragraph (1). 

9 SEC. 319. WASHINGTON HARBOR, DISTRICT OF COLUMBIA. 

10 Beginning on the date of enactment of this Act, the 

11 project for navigation, Washington Harbor, District of Co12 lumbia, authorized by the Act of August 30, 1935 (chapter 

13 831, 49 Stat. 1031), is modified to reduce, in part, the 

14 authorized dimensions of the project, such that the re15 maining authorized dimensions are as follows: 

16 (1) A 200 foot wide, 15 foot deep channel with 

17 a center line beginning at a point East 1,317,064.30 

18 and North 440,373.32, thence to a point East 

19 1,316,474.30 and North 440,028.31, thence to a 

20 point East 1,315,584.30 and North 439,388.30, 

21 thence to a point East 1,315,259.31 and North 

22 438,908.30. 

23 (2) A transition area 200 foot wide to 300 foot 

24 wide, 15 foot deep, with a center line beginning at 


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1 a point East 1,315,259.31 and North 438,908.30 to 

2 a point East 1,315,044.31 and North 438,748.30. 

3 (3) A 300 foot wide, 15 foot deep channel with 

4 a centerline beginning a point East 1,315,044.31 

5 and North 438,748.30, thence to a point East 

6 1,314,105.31 and North 438,124.79, thence to a 

7 point East 1,311,973.30 and North 438,807.78, 

8 thence to a point East 1,311,369.73 and North 

9 438,577.42, thence to a point East 1,311,015.73 

10 and North 438,197.57, thence to a point East 

11 1,309,713.47 and North 435,678.91. 

12 (4) A transition area 300 foot wide to 400 foot 

13 wide, 15 foot deep to 24 foot deep, with a center line 

14 beginning at a point East 1,309,713.47 and North 

15 435,678.91 to a point East 1,307,709.33 and North 

16 434,488.25. 

17 (5) A 400 foot wide, 24 foot deep channel with 

18 a centerline beginning at a point East 1,307,709.33 

19 and North 434,488.25, thence to a point East 

20 1,307,459.33 and North 434,173.25, thence to a 

21 point East 1,306,476.82 and North 1,306,476.82, 

22 thence to a point East 1,306,209.79 and North 

23 431,460.21, thence to a point at the end of the 

24 channel near Hains Point East 1,305,997.63 and 

25 North 429,978.31. 


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1 SEC. 320. BIG CYPRESS SEMINOLE INDIAN RESERVATION 

2 WATER CONSERVATION PLAN, FLORIDA. 

3 The project for ecosystem restoration, Big Cypress 

4 Seminole Indian Reservation Water Conservation Plan, 

5 Florida, authorized pursuant to section 528 of the Water 

6 Resources Development Act of 1996 (110 Stat. 3767), is 

7 no longer authorized beginning on the date of enactment 

8 of this Act. 

9 SEC. 321. CENTRAL EVERGLADES, FLORIDA. 

10 The project for ecosystem restoration, Central Ever11 glades, authorized by section 1401(4) of the Water Re12 sources Development Act of 2016 (130 Stat. 1713), is 

13 modified to include the project for ecosystem restoration, 

14 Central and Southern Florida, Everglades Agricultural 

15 Area, authorized by section 1308 of the Water Resources 

16 Development Act of 2018 (132 Stat. 3819), and to author17 ize the Secretary to carry out the project as so combined. 

18 SEC. 322. MIAMI RIVER, FLORIDA. 

19 The portion of the project for navigation, Miami 

20 River, Florida, authorized by the Act of July 3, 1930 (46 

21 Stat. 925; 59 Stat. 16; 74 Stat. 481; 100 Stat. 4257), 

22 beginning at the existing railroad bascule bridge and ex23 tending approximately 1,000 linear feet upstream to an 

24 existing salinity barrier and flood control structure, is no 

25 longer authorized beginning on the date of enactment of 

26 this Act. 


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1 SEC. 323. JULIAN KEEN, JR. LOCK AND DAM, MOORE 

2 HAVEN, FLORIDA. 

3 (a) DESIGNATION.—The Moore Haven Lock and 

4 Dam, Moore Haven, Florida, authorized pursuant to the 

5 Act of August 30, 1935 (chapter 831, 49 Stat. 1032), 

6 shall hereafter be known and designated as the ‘‘Julian 

7 Keen, Jr. Lock and Dam’’. 

8 (b) REFERENCES.—Any reference in a law, map, reg9 ulation, document, paper, or other record of the United 

10 States to the Lock and Dam referred to in subsection (a) 

11 shall be deemed to be a reference to the ‘‘Julian Keen, 

12 Jr. Lock and Dam’’. 

13 SEC. 324. TAYLOR CREEK RESERVOIR AND LEVEE L–73 

14 (SECTION 1), UPPER ST. JOHNS RIVER BASIN, 

15 FLORIDA. 

16 The portions of the project for flood control and other 

17 purposes, Central and Southern Florida, authorized by 

18 section 203 of the Flood Control Act of 1948 (62 Stat. 

19 1176), consisting of the Taylor Creek Reservoir and Levee 

20 L–73, Section 1, within the Upper St. Johns River Basin, 

21 Florida, are no longer authorized beginning on the date 

22 of enactment of this Act. 

23 SEC. 325. CALCASIEU RIVER AND PASS, LOUISIANA. 

24 Not later than 120 days after the date of enactment 

25 of this Act, the Secretary shall provide to the Committee 

26 on Transportation and Infrastructure of the House of 


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1 Representatives and the Committee on Environment and 

2 Public Works of the Senate a report on plans to modify 

3 the Calcasieu River and Pass Dredged Material Manage4 ment Plan and Supplemental Environmental Impact 

5 Statement (December 16, 2010 DMMP/SEIS) to allow for 

6 the expansion of Dredged Material Placement Facilities 

7 (DMPFs) 17, 19, 22, D, and E to the lakeside foreshore 

8 rock boundaries during planned rehabilitation of these fa9 cilities. 

10 SEC. 326. SAN JUAN-CHAMA PROJECT; ABIQUIU DAM, NEW 

11 MEXICO. 

12 (a) ABIQUIU RESERVOIR.—Section 5(b) of Public 

13 Law 97–140 (43 U.S.C. 620a note) is amended by strik14 ing ‘‘a total of two hundred thousand acre-feet of’’. 

15 (b) WATER STORAGE AT ABIQUIU DAM, NEW MEX16 ICO.—Section 1 of Public Law 100–522 (43 U.S.C. 620a 

17 note) is amended— 

18 (1) by striking ‘‘200,000 acre-feet of’’; 

19 (2) by inserting ‘‘and San Juan-Chama 

20 project’’ after ‘‘Rio Grande system’’; and 

21 (3) by striking ‘‘, in lieu of the water storage 

22 authorized by section 5 of Public Law 97–140, to 

23 the extent that contracting entities under section 5 

24 of Public Law 97–140 no longer require such stor25 age’’. 


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1 (c) WATER STORAGE.—The Secretary shall— 

2 (1) store up to elevation 6230.00 NGVD29 at 

3 Abiquiu Dam, New Mexico, to the extent that the 

4 necessary real property interests have been acquired 

5 by any entity requesting such storage; and 

6 (2) amend the March 20, 1986, contract be7 tween the United States of America and the Albu8 querque Bernalillo County Water Utility Authority 

9 (assigned by the City of Albuquerque, New Mexico 

10 to the Albuquerque Bernalillo County Water Utility 

11 Authority) for water storage space in Abiquiu Res12 ervoir to allow for storage by the Albuquerque 

13 Bernalillo County Water Utility Authority of San 

14 Juan-Chama project water or native Rio Grande sys15 tem water up to elevation 6230.00 NGVD29. 

16 (d) STORAGE AGREEMENTS WITH USERS OTHER

17 THAN THE ALBUQUERQUE BERNALILLO COUNTY WATER

18 UTILITY AUTHORITY.—The Secretary shall— 

19 (1) retain or enter into new agreements with 

20 entities for a proportionate allocation of 29,100 

21 acre-feet of storage space pursuant to section 5 of 

22 Public Law 97–140; and 

23 (2) amend or enter into new storage agree24 ments for storage of San Juan-Chama project water 

25 or native Rio Grande system water up to the space 


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1 allocated for each entity’s proportionate share of 

2 San Juan-Chama water. 

3 (e) OPERATIONS DOCUMENTS.—The Secretary shall 

4 amend or revise any existing operations documents, in5 cluding the Water Control Manual or operations plan for 

6 Abiquiu Reservoir, as necessary to meet the requirements 

7 of this section. 

8 (f) LIMITATIONS.—In carrying out this section, the 

9 following limitations shall apply: 

10 (1) The storage of native Rio Grande system 

11 water shall be subject to the provisions of the Rio 

12 Grande Compact and the resolutions of the Rio 

13 Grande Compact Commission. 

14 (2) The storage of native Rio Grande system 

15 water shall only be authorized to the extent that the 

16 necessary water ownership and storage rights have 

17 been acquired by the entity requesting such storage. 

18 (3) The storage of native Rio Grande system 

19 water or San-Juan Chama project water shall not 

20 interfere with the authorized purposes of the 

21 Abiquiu Dam and Reservoir project. 

22 (4) Each user of storage space, regardless of 

23 source of water, shall pay for any increase in costs 

24 attributable to storage of that user’s water. 


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1 SEC. 327. PAWCATUCK RIVER, LITTLE NARRAGANSETT BAY 

2 AND WATCH HILL COVE, RHODE ISLAND AND 

3 CONNECTICUT. 

4 Beginning on the date of enactment of this Act, that 

5 portion of the project for navigation, Pawcatuck River, 

6 Little Narragansett Bay and Watch Hill Cove, Rhode Is7 land and Connecticut, authorized by section 2 of the Act 

8 of March 2, 1945 (chapter 19, 59 Stat. 13), consisting 

9 of a 10-foot deep, 16-acre anchorage area in Watch Hill 

10 Cove is no longer authorized. 

11 SEC. 328. HARRIS COUNTY, TEXAS. 

12 Section 575 of the Water Resources Development Act 

13 of 1996 (110 Stat. 3789) is repealed. 

14 SEC. 329. CAP SANTE WATERWAY, WASHINGTON. 

15 Beginning on the date of enactment of this Act, the 

16 project for navigation, Cap Sante Waterway and Naviga17 tion Channel, Skagit County, Washington, authorized by 

18 the Act of March 2, 1919 (chapter 95, 40 Stat. 1285), 

19 is modified to deauthorize the portion of the project con20 sisting of an approximately 334,434 foot area of the Fed21 eral channel within Anacortes Harbor inside and directly 

22 adjacent to the Federal breakwater and training wall 

23 structure, starting at a point with coordinates 

24 N557015.552, E1210819.619, thence running S88 

25 13’2.06’’E approximately 200 feet to a point with coordi26 nates N557009.330, E1211019.522, thence running S01 


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1 46’58.08’’W approximately 578 feet to a point with co2 ordinates N556431.405, E1211001.534, thence running 

3 S49 49’50.23’’W approximately 69 feet to a point with 

4 coordinates N556387.076, E1210949.002, thence running 

5 S51 53’0.25’’E approximately 35 feet to a point with co6 ordinates N556365.662, E1210976.316, thence running 

7 S49 38’58.48’’W approximately 112 feet to a point with 

8 coordinates N556292.989, E1210890.775, thence running 

9 N88 13’1.87’’W approximately 109 feet to a point with 

10 coordinates N556296.367, E1210782.226, thence running 

11 S46 46’58.97’’W approximately 141 feet to a point with 

12 coordinates N556199.527, E1210679.164, thence running 

13 N88 13’1.77’’W approximately 700 feet to a point with 

14 coordinates N556221.305, E1209979.502, thence running 

15 N01 46’58.08’’E approximately 250 feet to a point with 

16 coordinates N556471.184, E1209987.280, thence running 

17 S88 13’1.77’’E approximately 815 feet to a point with co18 ordinates N556445.828, E1210801.886, thence running 

19 N01 46’58.08’’E approximately 570 feet to the point of 

20 origin. 

21 SEC. 330. REGIONAL SEDIMENT MANAGEMENT. 

22 The Secretary shall expedite the activities required to 

23 be carried out under section 204 of the Water Resources 

24 Development Act of 1992 (33 U.S.C. 2326) regarding the 

25 use of improvement dredging of the Portsmouth Federal 


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1 navigation project in Portsmouth, New Hampshire, as a 

2 source of clean beach fill material to reinforce the stone 

3 revetment at Nantasket Beach, Hull, Massachusetts. 

4 SEC. 331. ADDITIONAL ASSISTANCE FOR CRITICAL 

5 PROJECTS. 

6 (a) CONSISTENCY WITH REPORTS.—Congress finds 

7 that the project modifications described in this section are 

8 in accordance with the reports submitted to Congress by 

9 the Secretary under section 7001 of the Water Resources 

10 Reform and Development Act of 2014 (33 U.S.C. 2282d), 

11 titled ‘‘Report to Congress on Future Water Resources 

12 Development’’, or have otherwise been reviewed by Con13 gress. 

14 (b) MODIFICATIONS.— 

15 (1) SACRAMENTO AREA, CALIFORNIA.—Section 

16 219(f)(23) of the Water Resources Development Act 

17 of 1992 (106 Stat. 4835; 113 Stat. 336; 117 Stat. 

18 1840) is amended to read as follows: 

19 ‘‘(23) SACRAMENTO AREA, CALIFORNIA.— 

20 $45,000,000 for regional water conservation, recy21 cling, reliability, and resiliency projects in Placer, El 

22 Dorado, and Sacramento Counties and the San 

23 Juan Suburban Water District, California.’’. 

24 (2) SOUTH PERRIS, CALIFORNIA.—Section 

25 219(f)(52) of the Water Resources Development Act 


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1 of 1992 (106 Stat. 4835; 113 Stat. 336; 114 Stat. 

2 2763A–220) is amended by striking ‘‘$25,000,000’’ 

3 and inserting ‘‘$50,000,000’’. 

4 (3) MADISON AND ST. CLAIR COUNTIES, ILLI5 NOIS.—Section 219(f)(55) of the Water Resources 

6 Development Act of 1992 (106 Stat. 4835; 113 

7 Stat. 335; 114 Stat. 2763A–221) is amended by 

8 striking ‘‘$10,000,000’’ and inserting 

9 ‘‘$45,000,000’’. 

10 (4) SOUTHERN AND EASTERN KENTUCKY.— 

11 Section 531 of the Water Resources Development 

12 Act of 1996 (110 Stat. 3773; 113 Stat. 348; 117 

13 Stat. 142; 121 Stat. 1226) is amended— 

14 (A) in subsection (g), by inserting ‘‘Boyd, 

15 Carter, Elliott, Lincoln,’’ after ‘‘Lee,’’; and 

16 (B) in subsection (h), by striking 

17 ‘‘$40,000,000’’ and inserting ‘‘$80,000,000’’. 

18 (5) DESOTO COUNTY, MISSISSIPPI.—Section 

19 219(f)(30) of the Water Resources Development Act 

20 of 1992 (106 Stat. 4835; 113 Stat. 336; 114 Stat. 

21 2763A–220; 119 Stat. 282; 119 Stat. 2257; 122 

22 Stat. 1623) is amended by striking ‘‘$75,000,000’’ 

23 and inserting ‘‘$130,000,000’’. 

24 (6) JACKSON COUNTY, MISSISSIPPI.—Section 

25 219(e)(1) of the Water Resources Development Act 


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1 of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 

2 1494; 121 Stat. 1258) is amended by striking 

3 ‘‘$32,500,000’’ and inserting ‘‘$57,500,000’’. 

4 (7) ST. LOUIS, MISSOURI.—Section 219(f)(32) 

5 of the Water Resources Development Act of 1992 

6 (106 Stat. 4835; 113 Stat. 337; 121 Stat. 1233) is 

7 amended by striking ‘‘$35,000,000’’ and inserting 

8 ‘‘$70,000,000’’. 

9 (8) MIDWEST CITY, OKLAHOMA.—Section 

10 219(f)(231) of the Water Resources Development 

11 Act of 1992 (106 Stat. 4835; 113 Stat. 336; 121 

12 Stat. 1266) is amended by striking ‘‘$2,000,000’’ 

13 and inserting ‘‘$5,000,000’’. 

14 (9) SOUTH CENTRAL PENNSYLVANIA.—Section 

15 313 of the Water Resources Development Act of 

16 1992 (106 Stat. 4845; 109 Stat. 407; 110 Stat. 

17 3723; 113 Stat. 310; 117 Stat. 142; 121 Stat. 

18 1146) is amended— 

19 (A) in subsection (g)(1), by striking 

20 ‘‘$200,000,000’’ and inserting ‘‘$400,000,000’’; 

21 and 

22 (B) in subsection (h)(2), by inserting 

23 ‘‘Beaver, Jefferson,’’ after ‘‘Washington,’’. 

24 (10) LAKES MARION AND MOULTRIE, SOUTH

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1 sources Development Act of 1992 (106 Stat. 4835; 

2 113 Stat. 336; 114 Stat. 2763A–220; 117 Stat. 

3 1838; 130 Stat. 1677; 132 Stat. 3818) is amended 

4 by striking ‘‘$89,550,000’’ and inserting 

5 ‘‘$110,000,000’’. 

6 (11) EL PASO COUNTY, TEXAS.—Section 

7 219(f)(269) of the Water Resources Development 

8 Act of 1992 (106 Stat. 4835; 113 Stat. 336; 121 

9 Stat. 1268) is amended by striking ‘‘$25,000,000’’ 

10 and inserting ‘‘$75,000,000’’. 

11 (12) WESTERN RURAL WATER.—Section 595 of 

12 the Water Resources Development Act of 1999 (113 

13 Stat. 383; 117 Stat. 139; 117 Stat. 142; 117 Stat. 

14 1836; 118 Stat. 440; 121 Stat. 1219; 123 Stat. 

15 2851; 128 Stat. 1316; 130 Stat. 1681) is amend16 ed— 

17 (A) by striking the section heading and in18 serting ‘‘WESTERN RURAL WATER.’’; 

19 (B) in subsection (b), by inserting ‘‘Ari20 zona,’’ before ‘‘rural Idaho’’; 

21 (C) in subsection (c), by inserting ‘‘Ari22 zona,’’ before ‘‘Idaho’’; and 

23 (D) in subsection (i), by striking ‘‘for the 

24 period beginning with fiscal year 2001, 

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1 pended.’’ and inserting the following: ‘‘, to re2 main available until expended— 

3 ‘‘(1) for the period beginning with fiscal year 

4 2001, $435,000,000 for Idaho, Montana, rural Ne5 vada, New Mexico, rural Utah, and Wyoming; and 

6 ‘‘(2) $150,000,000 for Arizona.’’. 

7 (13) CENTRAL WEST VIRGINIA.—Section 571(h) 

8 of the Water Resources Development Act of 1999 

9 (113 Stat. 371; 121 Stat. 1257) is amended by 

10 striking ‘‘$20,000,000’’ and inserting 

11 ‘‘$40,000,000’’. 

12 (14) SOUTHERN WEST VIRGINIA.—Section 

13 340(g) of the Water Resources Development Act of 

14 1992 (106 Stat. 4856; 110 Stat. 3727; 113 Stat. 

15 320) is amended by striking ‘‘$40,000,000’’ and in16 serting ‘‘$120,000,000’’. 

17 (c) LOWELL CREEK TUNNEL, SEWARD, ALASKA.— 

18 Section 5032(a)(2) of the Water Resources Development 

19 Act of 2007 (Public Law 110–114, 121 Stat. 1205) is 

20 amended by striking ‘‘15’’ and inserting ‘‘20’’. 

21 SEC. 332. PROJECT MODIFICATION AUTHORIZATIONS. 

22 (a) WATER SUPPLY.—The following project modifica23 tions for water supply, as identified in the report entitled 

24 ‘‘Report to Congress on Future Water Resources Develop25 ment’’ dated February 2019, and submitted to Congress 


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1 on June 3, 2019, pursuant to section 7001 of the Water 

2 Resources Reform and Development Act of 2014 (33 

3 U.S.C. 2282d) or otherwise reviewed by Congress, are au4 thorized to be carried out by the Secretary substantially 

5 in accordance with the recommendations, included in such 

6 report pursuant to section 301(c) of the Water Supply Act 

7 of 1958 (43 U.S.C. 390b(c)): 

8 (1) The project modification for the State of 

9 Missouri, Clarence Cannon Dam and Mark Twain 

10 Lake Project Salt River, Missouri. 

11 (2) The project modification for the City of 

12 Plattsburg, Smithville Lake, Missouri. 

13 (3) The project modification for the City of 

14 Smithville, Smithville Lake, Missouri. 

15 (b) FLOOD RISK MANAGEMENT.—The following 

16 project modifications for flood risk management, as identi17 fied in a report entitled ‘‘Report to Congress on Future 

18 Water Resources Development’’, and submitted to Con19 gress pursuant to section 7001 of the Water Resources 

20 Reform and Development Act of 2014 (33 U.S.C. 2282d) 

21 or otherwise reviewed by Congress, are authorized to be 

22 carried out by the Secretary: 

23 (1) Modification of the project for flood risk 

24 management, lower Mississippi River, authorized by 

25 the Act of May 15, 1928 (chapter 569, 45 Stat. 


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1 534), to incorporate the Wolf River Backwater and 

2 Nonconnah Creek levee systems into the project, au3 thorized by section 5 of the Act of June 22, 1936 

4 (chapter 688, 49 Stat. 1575; 50 Stat. 881), subject 

5 to the determination of the Secretary that such sys6 tems meet all requirements applicable to such 

7 project. 

8 (2) Modification of the project for flood risk 

9 management, Red River below Denison Dam, Arkan10 sas, Louisiana, and Texas, authorized by the Act of 

11 June 28, 1938 (chapter 795, 52 Stat. 1219), to in12 corporate the Cherokee Park Levee into the project, 

13 subject to the determination of the Secretary that 

14 such levee meets all requirements applicable to such 

15 project. 

16 SEC. 333. APPLICATION OF CREDIT. 

17 Section 7007(d) of the Water Resources Development 

18 Act of 2007 (121 Stat. 1277; 128 Stat. 1226) is amended 

19 by inserting ‘‘, or may be applied to reduce the amounts 

20 required to be paid by the non-Federal interest under the 

21 terms of the deferred payment agreements entered into 

22 between the Secretary and the non-Federal interest for the 

23 projects authorized by section 7012(a)(1)’’ before the pe24 riod at the end. 


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1 SEC. 334. PROJECT REAUTHORIZATIONS. 

2 (a) IN GENERAL.— 

3 (1) MUDDY RIVER, MASSACHUSETTS.—The sep4 arable elements for ecosystem restoration of the 

5 project for flood damage reduction and environ6 mental restoration, Muddy River, Brookline and 

7 Boston, Massachusetts, authorized by section 522 of 

8 the Water Resources Development Act of 2000 (114 

9 Stat. 2656), and deauthorized pursuant to section 

10 6001 of the Water Resources Reform and Develop11 ment Act of 2014 (128 Stat. 1345), are authorized 

12 to be carried out by the Secretary, subject to sub13 section (b). 

14 (2) EAST CHESTER CREEK, NEW YORK.—Not15 withstanding section 1001 of the Water Resources 

16 Development Act of 1986 (33 U.S.C. 579a), the 

17 project for navigation, East Chester Creek, New 

18 York, authorized by section 101 of the River and 

19 Harbor Act of 1950 (64 Stat. 164; 100 Stat. 4181), 

20 and deauthorized pursuant to section 1001 of the 

21 Water Resources Development Act of 1986 (33 

22 U.S.C. 579(a)), is authorized to be carried out by 

23 the Secretary, subject to subsection (b). 

24 (3) CHRISTIANSTED HARBOR, UNITED STATES

25 VIRGIN ISLANDS.—Notwithstanding section 1002 of 

26 the Water Resources Development Act of 1986 (100 


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1 Stat. 4221), the portion of the project for naviga2 tion, Christiansted Harbor, St. Croix, United States 

3 Virgin Islands, authorized by section 101 of the 

4 River and Harbor Act of 1950 (64 Stat. 167), and 

5 deauthorized under section 1002 of the Water Re6 sources Development Act of 1986 (100 Stat. 4221), 

7 is authorized to be carried out by the Secretary, sub8 ject to subsection (b). 

9 (4) CHARLOTTE HARBOR, UNITED STATES VIR10 GIN ISLANDS.—Notwithstanding section 1002 of the 

11 Water Resources Development Act of 1986 (100 

12 Stat. 4221), the portion of the project for naviga13 tion, Charlotte Amalie (St. Thomas) Harbor, St. 

14 Thomas, United States Virgin Islands, authorized by 

15 the Act of August 26, 1937 (chapter 832, 50 Stat. 

16 850), and deauthorized under section 1002 of the 

17 Water Resources Development Act of 1986 (100 

18 Stat. 4221), is authorized to be carried out by the 

19 Secretary, subject to subsection (b). 

20 (b) REPORT TO CONGRESS.—The Secretary shall 

21 complete and submit to the Committee on Transportation 

22 and Infrastructure of the House of Representatives and 

23 the Committee on Environment and Public Works of the 

24 Senate a post-authorization change report (as such term 

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1 velopment Act of 2016 (33 U.S.C. 2282e(d)) prior to car2 rying out a project identified in subsection (a). 

3 SEC. 335. CONVEYANCES. 

4 (a) GENERALLY APPLICABLE PROVISIONS.— 

5 (1) SURVEY TO OBTAIN LEGAL DESCRIPTION.— 

6 The exact acreage and the legal description of any 

7 real property to be conveyed under this section shall 

8 be determined by a survey that is satisfactory to the 

9 Secretary. 

10 (2) APPLICABILITY OF PROPERTY SCREENING

11 PROVISIONS.—Section 2696 of title 10, United 

12 States Code, shall not apply to any conveyance 

13 under this section. 

14 (3) COSTS OF CONVEYANCE.—An entity to 

15 which a conveyance is made under this section shall 

16 be responsible for all reasonable and necessary costs, 

17 including real estate transaction and environmental 

18 documentation costs, associated with the conveyance. 

19 (4) LIABILITY.—An entity to which a convey20 ance is made under this section shall hold the 

21 United States harmless from any liability with re22 spect to activities carried out, on or after the date 

23 of the conveyance, on the real property conveyed. 

24 The United States shall remain responsible for any 


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1 liability with respect to activities carried out, before 

2 such date, on the real property conveyed. 

3 (5) ADDITIONAL TERMS AND CONDITIONS.— 

4 The Secretary may require that any conveyance 

5 under this section be subject to such additional 

6 terms and conditions as the Secretary considers nec7 essary and appropriate to protect the interests of the 

8 United States. 

9 (b) EUFAULA, ALABAMA.— 

10 (1) CONVEYANCE AUTHORIZED.—The Secretary 

11 shall convey to the City of Eufaula, Alabama, all 

12 right, title, and interest of the United States in and 

13 to the real property described in the Department of 

14 the Army Lease No. DACW01–2–17–0747, con15 taining 56.76 acres, more or less, and being a part 

16 of Tracts L–1268 (26.12 acres), L–1273 (13.71 

17 acres), L–1278 (6.75 acres), and L1279 (10.36 

18 acres) of the Walter F. George Lock and Dam and 

19 Lake project. 

20 (2) DEED.—The Secretary shall convey the 

21 property under this subsection by quitclaim deed 

22 under such terms and conditions as the Secretary 

23 determines appropriate to protect the interests of 

24 the United States. 


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1 (3) CONSIDERATION.—The City of Eufaula, 

2 Alabama, shall pay to the Secretary an amount that 

3 is not less than the fair market value of the property 

4 conveyed under this subsection, as determined by the 

5 Secretary. 

6 (c) MONTGOMERY, ALABAMA.— 

7 (1) CONVEYANCE AUTHORIZED.—The Secretary 

8 shall convey to the City of Montgomery, Alabama, 

9 all right, title, and interest of the United States in 

10 and to the real property described in paragraph (2). 

11 (2) PROPERTY.—The property to be conveyed is 

12 the 62.38 acres of land and water under the primary 

13 jurisdiction of the Secretary in the R.E. ‘‘Bob’’ 

14 Woodruff Project Area that is covered by lease num15 ber DACW01–1–05–0037, including the parcels and 

16 structure known as ‘‘Powder Magazine’’. 

17 (3) DEED.—The Secretary shall convey the 

18 property under this subsection by quitclaim deed 

19 under such terms and conditions as the Secretary 

20 determines appropriate to protect the interests of 

21 the United States, to include retaining the right to 

22 inundate with water any land transferred under this 

23 subsection. 

24 (4) CONSIDERATION.—The City of Mont25 gomery, Alabama, shall pay to the Secretary an 


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1 amount that is not less than the fair market value 

2 of the property conveyed under this subsection, as 

3 determined by the Secretary. 

4 (d) OHIO RIVER LOCK AND DAM NUMBER 52, 

5 MASSAC COUNTY, ILLINOIS.— 

6 (1) CONVEYANCE AUTHORIZED.—The Secretary 

7 shall convey to the Massac-Metropolis Port District, 

8 Illinois, all right, title, and interest of the United 

9 States in and to any real property located north of 

10 the south bank of the Ohio River in Massac County, 

11 Illinois, that is associated with the Ohio River Lock 

12 and Dam 52. 

13 (2) DEED.—The Secretary shall convey the 

14 property under this subsection by quitclaim deed 

15 under such terms and conditions as the Secretary 

16 determines appropriate to protect the interests of 

17 the United States. 

18 (3) CONSIDERATION.—The Massac-Metropolis 

19 Port District, Illinois, shall pay to the Secretary an 

20 amount that is not less than fair market value of the 

21 property conveyed under this subsection, as deter22 mined by the Secretary. 

23 (e) CLINTON, MISSOURI.— 

24 (1) CONVEYANCE AUTHORIZED.—The Secretary 

25 shall convey to the City of Clinton, Missouri, without 


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1 consideration, all right, title, and interest of the 

2 United States in and to the real property described 

3 in paragraph (2). 

4 (4) PROPERTY.—The property to be conveyed is 

a tract of land situated in the S 1 5 ⁄2 of Section 12 

and the N 1 6 ⁄2 of Section 13, Township 41 North, 

7 Range 26 West of the Fifth Principal Meridian, 

8 Henry County, Missouri, more particularly described 

9 as follows: Beginning at the point of intersection of 

the north line of said S 1 10 ⁄2 of Section 12 and the 

11 easterly right-of-way of State Highway No. 13; 

thence easterly along the north line of said S 1 12 ⁄2 to 

the northeast corner of the W 1⁄2 NW 1⁄4 NE 1 13 ⁄4 SW 

1 14 ⁄4 of said Section 12; thence southerly along the 

east line of said W 1⁄2 NW 1⁄4 NE 1⁄4 SW 1 15 ⁄4 to the 

16 southeast corner thereof; thence easterly along the 

north line of the S 1⁄2 NE 1⁄4 SW 1 17 ⁄4 of said Section 

12 to the southwest corner of the W 1⁄2 NW 1 18 ⁄4 NW 

1⁄4 SE 1 19 ⁄4 of said Section 12; thence in a northeasterly direction to the northeast corner of said W 1 20 ⁄2

NW 1⁄4 NW 1⁄4 SE 1 21 ⁄4 ; thence easterly along the 

north line of said S 1 22 ⁄2 to the westerly right-of-way 

23 of the County Road; thence in a southeasterly and 

24 southerly direction along the westerly right-of-way of 

25 said County Road approximately 2500 feet to the 


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1 center of Deer Creek; thence in a southwesterly di2 rection along the center of said Deer Creek, approximately 3900 feet to the south line of said N 1 3 ⁄2 of 

4 Section 13; thence westerly along the south line of 

said N 1 5 ⁄2 to the easterly right-of-way line of the St. 

6 Louis-San Francisco Railroad; thence in a north7 westerly direction along the easterly right-of-way of 

8 said railroad to the easterly right-of-way of said 

9 State Highway No. 13; thence in a northeasterly di10 rection along the easterly right-of-way of said State 

11 Highway No. 13 to the point of the beginning; and 

12 including a roadway easement for ingress and 

13 egress, described as a strip of land 80 feet in width, 

14 lying 40 feet on each side of the following described 

15 line, the initial extremities of the following described 

16 strip being extended or reduced as required to ex17 actly adjoin the boundary lines which they meet, situated in the S 1 18 ⁄2 of Section 12, Township 41 North 

19 Range 26 West of the Fifth Principal Meridian, 

20 Henry County, Missouri, more particularly described 

21 as follows: Commencing at the center of said Section 

22 12, thence Sl°24’56’’W, 1265.52 feet to a point, 

23 thence N88°29’02’’W, 483.97 feet to the point of 

24 beginning of the strip of land herein described; 

25 thence in a northeasterly direction along a curve to 


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1 the right, said curve having an initial tangent bear2 ing of N3°44’4l’’E, a radius of 238.73 feet and an 

3 interior angle of 61°29’26’’, an arc distance of 

4 256.21 feet to a point; thence N65°14’07’’E 218.58 

5 feet to a point; thence in a northeasterly direction 

6 along a curve to the left, having a radius of 674.07 

7 feet and an interior angle of 36°00’01’’, an arc dis8 tance of 423.53 feet to a point; thence 

9 N29°14’07’’E, 417.87 feet to a point; thence north10 easterly along a curve to the right, having a radius 

11 of 818.51 feet and an interior angle of 14°30’01’’, 

12 an arc distance of 207.15 feet to a point; thence 

13 N43°44’07’’E, 57.00 feet to the southerly right-of14 way line of a county road, containing 2,948 acres, 

15 more or less; Excluding therefrom a tract of land 

situated in the S 1 16 ⁄2 of said Section 12, said Town17 ship and Range, described as commencing at the 

18 center of said Section 12; thence S1°24’56’’W, 

19 1265.52 feet to the point of beginning of the tract 

20 of land herein described; thence N88°29’02′′W, 

21 1122.50 feet; thence S1°43’26′′W, 872.62 feet; 

22 thence S88°29’02’’E, 1337.36 feet; thence 

23 Nl°43’26’’E, 872.62 feet; thence N88°29’02’’W, 

24 214.86 feet to the point of beginning, containing 

25 26.79 acres, more or less. The above described tract 


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1 contains, in the aggregate, 177.69 acres, more or 

2 less. 

3 (2) DEED.—The Secretary shall convey the 

4 property under this subsection by quitclaim deed 

5 under such terms and conditions as the Secretary 

6 determines appropriate to protect the interests of 

7 the United States. 

8 (3) REVERSION.—If the Secretary determines 

9 that the property conveyed under this subsection is 

10 not being used for a public purpose, all right, title, 

11 and interest in and to the property shall revert, at 

12 the discretion of the Secretary, to the United States. 

13 (f) CITY OF CLINTON, OLD ORCHARD ADDITION, 

14 MISSOURI.— 

15 (1) CONVEYANCE AUTHORIZED.—The Secretary 

16 shall convey to the City of Clinton, Missouri, all 

17 right, title, and interest of the United States in and 

18 to the real property described in paragraph (2). 

19 (2) PROPERTY.—The property to be conveyed is 

20 Lot 28 in Old Orchard Addition, a subdivision of the 

21 City of Clinton, Henry County, Missouri, containing 

22 0.36 acres, more or less, including any improve23 ments thereon. 

24 (3) DEED.—The Secretary shall convey the 

25 property under this subsection by quitclaim deed 


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1 under such terms and conditions as the Secretary 

2 determines appropriate to protect the interests of 

3 the United States, including such reservations, 

4 terms, and conditions as the Secretary determines 

5 necessary to allow the United States to operate and 

6 maintain the Harry S. Truman Reservoir Project. 

7 (4) CONSIDERATION.—The City of Clinton, 

8 Missouri, shall pay to the Secretary an amount that 

9 is not less than the fair market value of the property 

10 conveyed under this subsection, as determined by the 

11 Secretary. 

12 (g) TRI-COUNTY LEVEE DISTRICT, MISSOURI.— 

13 (1) CONVEYANCE AUTHORIZED.—The Secretary 

14 shall convey to the Tri-County Levee District, Mis15 souri, all right, title, and interest of the United 

16 States in and to the real property described in para17 graph (2). 

18 (2) PROPERTY.—The property to be conveyed is 

19 the part of Sections 1 and 12 Township 45 North 

20 Range 6 West of the 5th P.M. in Montgomery Coun21 ty, Missouri, described as follows: A tract of land 

22 being 60’ wide and lying South and East of and ad23 joining the centerline of the existing levee and being 

24 described as follows: Commencing at the NW corner 

25 of Section 12, thence S 87° 52’ 35’’ E 587.4’, 


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1 thence S 01° 29’ 25’’ W 453.68’ to the point of the 

2 beginning; said point being in the center of the levee, 

3 thence with the centerline of the levee N 77° 01’ 30’’ 

4 E 164.92’, thence N 74° 26’ 55’’ E 250.0’, thence 

5 N 72° 27’ 55’’ E 270.0’, thence N 69° 06’ 10’’ E 

6 300.0’, thence N 66° 42’ 15’’ E 500.0’, thence N 

7 64° 14’ 30’’ E 270.0’, thence N 61° 09’ 10’’ E 

8 800.0’, thence N 60° 58’ 15’’ E 1724.45’, thence 

9 leaving the centerline S 01° 10’ 35’’ W 69.43’, 

10 thence parallel with the above described centerline S 

11 60° 58’ 15’’ W 1689.62’, thence S 61° 09’ 10’’ W 

12 801.71’, thence S 64° 14’ 30’’ W 272.91’, thence S 

13 66° 42’ 15’’ W 502.55’, thence S 69° 06’ 10’’ W 

14 303.02’, thence S 72° 27’ 55’’ W 272.8’, thence S 

15 74° 26’ 55’’ W 252.39’, thence S 77° 01’ 30’’ W 

16 181.75’, thence leaving the South side of the levee 

17 N 01° 26’ 25’’ E 61.96’ to the point of beginning 

18 and containing 5.89 acres more or less. 

19 (3) DEED.—The Secretary shall convey the 

20 property under this subsection by quitclaim deed 

21 under such terms and conditions as the Secretary 

22 determines appropriate to protect the interests of 

23 the United States. 

24 (4) CONSIDERATION.—The Tri-County Levee 

25 District, Missouri, shall pay to the Secretary an 


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1 amount that is not less than the fair market value 

2 of the property conveyed under this subsection, as 

3 determined by the Secretary. 

4 (h) JUDGE JOSEPH BARKER, JR., HOUSE, OHIO.— 

5 (1) NON-FEDERAL ENTITY.—In this subsection, 

6 the term ‘‘non-Federal entity’’ means the Friends of 

7 Joseph Barker, Jr., House, a nonprofit organization 

8 in the State of Ohio. 

9 (2) CONVEYANCE AUTHORIZED.— 

10 (A) IN GENERAL.—Subject to paragraph 

11 (6), the Secretary shall convey to the non-Fed12 eral entity, without consideration, all right, 

13 title, and interest of the United States in and 

14 to the property described in paragraph (3)(A). 

15 (B) EASEMENT.—Upon conveyance of the 

16 property under subparagraph (A), the Secretary 

17 shall provide to the non-Federal entity, without 

18 consideration, an easement over the property 

19 described in paragraph (3)(B) for access to the 

20 conveyed property for as long as the non-Fed21 eral entity is in legal possession of the conveyed 

22 property. 

23 (3) DESCRIPTIONS OF PROPERTY.— 


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1 (A) IN GENERAL.—The property referred 

2 to in paragraph (2)(A) is the following (as in 

3 existence on the date of enactment of this Act): 

4 (i) JUDGE JOSEPH BARKER, JR., 

5 HOUSE.—The tract of land situated in the 

6 State of Ohio, Washington County, on the 

7 Ohio River, and being particularly bounded 

8 and described as follows: Beginning at a 

9 point located on the southern right-of-way 

10 line of Ohio Route 7, a new corner to the 

11 land now or formerly owned by the United 

12 States of America; thence, leaving the 

13 right-of-way of said Route 7 and severing 

14 the land of said United States of America 

15 parallel to and approximately 10 feet eas16 terly of the toe of the existing dredge dis17 posal berm, southeasterly approximately 

18 326 feet to a point prior to the current 

19 Corps of Engineers access to the dredging 

20 spoil area; thence, northeasterly approxi21 mately 480 feet paralleling the top of the 

22 slope to the riverbank side of the house 

23 and approximately 25 feet northerly there24 from; thence, northwest approximately 302 

25 feet to a point in the southern right-of-way 


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1 of Ohio Route 7; thence with the right-of2 way of said Route 7, southwesterly ap3 proximately 485 feet to the point of begin4 ning, containing approximately 3.51 acres. 

5 (ii) ROAD TRACT.—The tract of land 

6 situated in the State of Ohio, Washington 

7 County, on the Ohio River, and being par8 ticularly bounded and described as follows: 

9 Beginning at a point located on the south10 ern right-of-way line of Ohio Route 7, a 

11 new corner to the land now or formerly 

12 owned by the United States of America; 

13 thence, leaving the right-of-way of said 

14 Route 7 and severing the land of said 

15 United States of America and with the 

16 House Parcel southeasterly 25 feet; thence, 

17 northeast, running parallel to said Route 7 

18 right-of-way, approximately 994 feet to a 

19 point of deflection; thence northeasterly 

20 368 feet to a point beyond the existing 

21 fence corner; thence, east 140 feet to the 

22 edge of the existing Willow Island access 

23 road; thence with said access road, north24 westerly approximately 62 feet to a point 

25 in the southern right-of-way of Ohio Route 


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1 7; thence with the right-of-way of said 

2 Route 7, southwesterly approximately 

3 1,491 feet to the point of beginning, con4 taining approximately 1 acre. 

5 (B) EASEMENT.—The property referred to 

6 in paragraph (2)(B) is the following: The tract 

7 of land situated in the State of Ohio, Wash8 ington County, on the Ohio River, and being 

9 particularly bounded and described as follows: 

10 Beginning at a point at the intersection of the 

11 southern right-of-way of Ohio Route 7 and the 

12 northeast side of the existing Willow Island ac13 cess road, a new corner to the land now or for14 merly owned by the United States of America; 

15 thence, southwest, running with said Route 7 

16 right-of-way, approximately 30 feet to a point 

17 on the southwest side of the existing access 

18 road, and corner to the road tract; thence with 

19 said access road and the line of the road parcel, 

20 southeasterly approximately 62 feet to a point; 

21 thence leaving the road parcel and crossing the 

22 existing access road northeasterly approxi23 mately 30 feet to a point located on the north24 east side of the existing access road; thence, 

25 northwesterly approximately 62 feet, to the 


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1 point of beginning, containing approximately 

2 0.04 acre. 

3 (4) DEED.—The Secretary shall convey the 

4 property under this subsection by quitclaim deed 

5 under such terms and conditions as the Secretary 

6 determines appropriate to protect the interests of 

7 the United States. 

8 (5) REVERSION.—If the Secretary determines 

9 that the property conveyed under this subsection is 

10 not being used by the non-Federal entity for a public 

11 purpose, all right, title, and interest in and to the 

12 property shall revert, at the discretion of the Sec13 retary, to the United States. 

14 (6) REQUIREMENTS.— 

15 (A) IMPROVEMENTS.—The Secretary shall 

16 make such improvements and alterations to the 

17 property described in paragraph (3)(A)(i) as 

18 the Secretary, in consultation with the non-Fed19 eral entity and relevant stakeholders, deter20 mines to be appropriate to facilitate conveyance 

21 of the property and provision of the easement 

22 under this subsection, subject to the condition 

23 that the total cost of those improvements and 

24 alterations undertaken by the Secretary shall be 

25 not more than $120,000. 


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1 (B) ENVIRONMENTAL ASSESSMENT.—Be2 fore making a conveyance under paragraph (2), 

3 the Secretary shall— 

4 (i) conduct, with respect to the prop5 erty to be conveyed, an assessment of the 

6 environmental condition of the property, 

7 including an investigation of any potential 

8 hazardous, toxic, or radioactive waste 

9 present on such property; and 

10 (ii) submit to the non-Federal entity a 

11 report describing the results of such as12 sessment. 

13 (C) REFUSAL BY NON-FEDERAL ENTITY.— 

14 (i) IN GENERAL.—Upon review by the 

15 non-Federal entity of the report under sub16 paragraph (B), the non-Federal entity may 

17 elect to refuse the conveyance under this 

18 subsection. 

19 (ii) ELECTION.—An election under 

20 clause (i)— 

21 (I) shall be at the sole discretion 

22 of the non-Federal entity; and 

23 (II) shall be made by the non24 Federal entity by not later than the 

25 date that is 30 days after the date of 


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1 submission of the report under sub2 paragraph (B)(ii). 

3 (D) DREDGED MATERIAL PLACEMENT AC4 TIVITIES.—The Secretary shall— 

5 (i) notify and coordinate with the non6 Federal entity and relevant stakeholders 

7 before carrying out any dredged material 

8 placement activities associated with the 

9 property described in paragraph (3)(A) 

10 after the date on which such property is 

11 conveyed under this subsection; and 

12 (ii) in carrying out a dredged material 

13 placement activity under clause (i), act in 

14 accordance with Engineer Manual EM 

15 1110–2–5025 (or a subsequent version of 

16 that manual). 

17 (7) RESERVATION OF RIGHTS.—The Secretary 

18 may reserve and retain from any conveyance under 

19 this subsection a right-of-way or any other right that 

20 the Secretary determines to be necessary for the op21 eration and maintenance of the authorized Federal 

22 channel along the Ohio River. 

23 (8) TREATMENT.—Conveyance to the non-Fed24 eral entity under this subsection of property de25 scribed in paragraph (3)(A)(i) shall satisfy all obliVerDate Sep 11 2014 21:52 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00188 Fmt 6652 Sfmt 6201 E:\BILLS\H7575.RDS H7575

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1 gations of the Secretary with respect to such prop2 erty under— 

3 (A) section 306101 of title 54, United 

4 States Code; and 

5 (B) section 306108 of title 54, United 

6 States Code, with respect to the effects on the 

7 property of dredged material placement activi8 ties carried out by the Secretary after the date 

9 of the conveyances. 

10 (9) INAPPLICABILITY.—Subtitle I of title 40, 

11 and chapter 4 of title 41, United States Code shall 

12 not apply to any conveyance or easement provided 

13 under this subsection. 

14 (i) LEABURG FISH HATCHERY, LANE COUNTY, OR15 EGON.— 

16 (1) CONVEYANCE AUTHORIZED.—Subject to the 

17 provisions of this subsection, the Secretary shall con18 vey, without consideration, to the State of Oregon, 

19 acting through the Oregon Department of Fish and 

20 Wildlife, all right, title, and interest of the United 

21 States in and to the real property comprising the 

22 Leaburg Fish Hatchery, consisting of approximately 

23 21.55 acres, identified as tracts Q–1500, Q–1501E, 

24 and 300E–1 and described in Department of the 


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1 Army Lease No. DACW57–1–18–0009, together 

2 with any improvements on the property. 

3 (2) WATER RIGHTS.—The Secretary may trans4 fer to the State of Oregon, acting through the Or5 egon Department of Fish and Wildlife, any water 

6 rights held by the United States that are appur7 tenant to the property conveyed under this sub8 section. 

9 (3) DEED.—The Secretary shall convey the 

10 property under this subsection by quitclaim deed 

11 under such terms and conditions as the Secretary 

12 determines appropriate to protect the interests of 

13 the United States, including a condition that all of 

14 the property conveyed under this subsection be used 

15 and maintained by the State of Oregon for the pur16 pose of operating a fish hatchery in perpetuity. 

17 (4) REVERSION.—If the Secretary determines 

18 that the property conveyed under this subsection is 

19 not being used or maintained by the State of Oregon 

20 for the purpose of operating a fish hatchery in per21 petuity, all or any portion of the property, including 

22 any water rights transferred under this subsection, 

23 shall, at the option of the Secretary, revert to the 

24 United States. 


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1 (5) SAVINGS CLAUSE.—If the State of Oregon 

2 does not accept the conveyance under this sub3 section, the Secretary may dispose of the property, 

4 including appurtenant water rights, under sub5 chapter III of chapter 5 of title 40, United States 

6 Code. 

7 (j) WILLAMETTE FALLS LOCKS, WILLAMETTE

8 RIVER, OREGON.— 

9 (1) DEFINITIONS.—In this section: 

10 (A) REAL ESTATE APPENDIX.—The term 

11 ‘‘real estate appendix’’ means Appendix A of 

12 the document published by the District Com13 mander of the Portland District of the Corps of 

14 Engineers, titled ‘‘Willamette Falls Locks Wil15 lamette River Oregon Section 216 Disposition 

16 Study with Integrated Environmental Assess17 ment’’. 

18 (B) RECEIVING ENTITY.—The term ‘‘re19 ceiving entity’’ means an entity identified by the 

20 State of Oregon, in consultation with the Wil21 lamette Falls Locks Commission, to receive the 

22 conveyance under paragraph (2). 

23 (C) WILLAMETTE FALLS LOCKS

24 PROJECT.—The term ‘‘Willamette Falls Locks 

25 project’’ means the project for navigation, WilVerDate Sep 11 2014 21:52 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00191 Fmt 6652 Sfmt 6201 E:\BILLS\H7575.RDS H7575

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1 lamette Falls Locks, Willamette River, Oregon, 

2 authorized by the Act of June 25, 1910 (36 

3 Stat. 664, chapter 382). 

4 (D) WILLAMETTE FALLS LOCKS RE5 PORT.—The term ‘‘Willamette Falls Locks re6 port’’ means the memorandum of the Director 

7 of Civil Works with the subject ‘‘Willamette 

8 Falls Locks (WFL), Willamette River Oregon 

9 Section 216 Disposition Study with Integrated 

10 Environmental Assessment (Study)’’, dated 

11 July 11, 2019. 

12 (2) CONVEYANCE AUTHORIZED.—The Secretary 

13 is authorized to convey to the receiving entity, with14 out consideration, all right, title, and interest of the 

15 United States in and to any land in which the Fed16 eral Government has a property interest for the Wil17 lamette Falls Locks project, together with any im18 provements on the land, subject to the requirements 

19 of this subsection and in accordance with the Wil20 lamette Falls Locks report. 

21 (3) DEED.—The Secretary shall convey the 

22 property under this subsection by quitclaim deed 

23 under such terms and conditions as the Secretary 

24 determines appropriate to protect the interests of 

25 the United States. 


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1 (4) SUBJECT TO EXISTING EASEMENTS AND

2 OTHER INTERESTS.—The conveyance of property 

3 under paragraph (2) shall be subject to all existing 

4 deed reservations, easements, rights-of-way, and 

5 leases that are in effect as of the date of the convey6 ance. 

7 (5) REVERSION.—If the Secretary determines 

8 that the property conveyed under this subsection 

9 cease to be held in public ownership, all right, title, 

10 and interest in and to the property shall revert, at 

11 the discretion of the Secretary, to the United States. 

12 (6) REQUIREMENTS BEFORE CONVEYANCE.— 

13 (A) PERPETUAL ROAD EASEMENT.—Be14 fore making the conveyance under paragraph 

15 (2), the Secretary shall acquire a perpetual 

16 road easement from an adjacent property owner 

17 for use of an access road, which easement shall 

18 convey with the property conveyed under such 

19 paragraph. 

20 (B) ENVIRONMENTAL COMPLIANCE.—Be21 fore making the conveyance under paragraph 

22 (2), in accordance with the real estate appendix, 

23 the Secretary shall complete a Phase 1 Envi24 ronmental Site Assessment pursuant to the 

25 Comprehensive Environmental Response, ComVerDate Sep 11 2014 21:52 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00193 Fmt 6652 Sfmt 6201 E:\BILLS\H7575.RDS H7575

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1 pensation, and Liability Act of 1980 (42 U.S.C. 

2 9601 et seq.). 

3 (C) HISTORIC PRESERVATION.—The Sec4 retary may enter into a memorandum of agree5 ment with the Oregon State Historic Preserva6 tion Office and the Advisory Council on His7 toric Preservation that identifies actions the 

8 Secretary shall take before making the convey9 ance under paragraph (2). 

10 (D) REPAIRS.—Before making the convey11 ance under paragraph (2), the Secretary shall 

12 carry out repairs to address primary seismic 

13 and safety risks in accordance with the rec14 ommendations approved in the Willamette Falls 

15 Locks report. 

16 (7) DEAUTHORIZATION.—Beginning on the 

17 date on which the Secretary makes the conveyance 

18 under paragraph (2), the Willamette Falls Locks 

19 project is no longer authorized. 

20 SEC. 336. REPEALS. 

21 (a) Section 710 of the Water Resources Development 

22 Act of 1986 (33 U.S.C. 2264) is repealed. 

23 (b) Section 1001 of the Water Resources Develop24 ment Act of 1986 (33 U.S.C. 579a) is amended— 


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1 (1) in subsection (b), by striking paragraph (2) 

2 and redesignating paragraph (3) as paragraph (2); 

3 and 

4 (2) by striking subsection (c). 

5 (c) Section 1001 of the Water Resources Reform and 

6 Development Act of 2014 (33 U.S.C. 2282c) is amend7 ed— 

8 (1) in subsection (d)— 

9 (A) in paragraph (1), by striking ‘‘Not10 withstanding the requirements of subsection (c), 

11 the Secretary’’ and inserting ‘‘The Secretary’’; 

12 (B) by striking ‘‘subsections (a) and (c)’’ 

13 each place it appears and inserting ‘‘subsection 

14 (a)’’; and 

15 (C) by striking paragraph (4); and 

16 (2) by striking subsection (c) and redesignating 

17 subsections (d) through (g) as subsections (c) 

18 through (f), respectively. 

19 (d) Section 6003 of the Water Resources Reform and 

20 Development Act of 2014 (33 U.S.C. 579c), and the item 

21 relating to such section in the table of contents, are re22 pealed. 

23 (e) Section 1301 of the Water Resources Develop24 ment Act of 2016 (33 U.S.C. 579d), and the item relating 

25 to such section in the table of contents, are repealed. 


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1 (f) Section 1302 of the Water Resources Develop2 ment Act of 2016 (33 U.S.C. 579c–1), and the item relat3 ing to such section in the table of contents, are repealed. 

4 (g) Section 1301 of the Water Resources Develop5 ment Act of 2018 (33 U.S.C. 579d–1), and the item relat6 ing to such section in the table of contents, are repealed. 

7 (h) Section 1302 of the Water Resources Develop8 ment Act of 2018 (33 U.S.C. 579c–2), and the item relat9 ing to such section in the table of contents, are repealed. 

10 TITLE IV—WATER RESOURCES 

11 INFRASTRUCTURE 

12 SEC. 401. PROJECT AUTHORIZATIONS. 

13 The following projects for water resources develop14 ment and conservation and other purposes, as identified 

15 in the reports titled ‘‘Report to Congress on Future Water 

16 Resources Development’’ submitted to Congress pursuant 

17 to section 7001 of the Water Resources Reform and Devel18 opment Act of 2014 (33 U.S.C. 2282d) or otherwise re19 viewed by Congress, are authorized to be carried out by 

20 the Secretary substantially in accordance with the plans, 

21 and subject to the conditions, described in the respective 

22 reports or decision documents designated in this section: 

23 (1) NAVIGATION.— 


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A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Costs 

1. AK Port of Nome 

Modifications 

May 29, 

2020 

Federal: $368,173,000 

Non-Federal: $122,746,000 

Total: $490,919,000 

2. AK Unalaska (Dutch 

Harbor) Channels 

February 7, 

2020 

Federal: $26,202,750 

Non-Federal: $8,734,250 

Total: $34,937,000 

3. CT New Haven Harbor Navigation 

Improvement 

Project 

May 7, 2020 Federal: $53,489,000 

Non-Federal: $18,822,000 

Total: $72,311,000 

4. NY, 

NJ 

New York and 

New Jersey 

Harbor Anchorages 

April 23, 

2020 

Federal: $18,940,000 

Non-Federal: $6,310,000 

Total: $25,250,000 

5. TX Gulf Intracoastal 

Waterway, 

Brazos River 

Floodgates and 

Colorado River 

Locks 

October 23, 

2019 

Total: $409,777,000, to be 

derived 1⁄2 from the general fund of the Treasury 

and 1⁄2 from the Inland 

Waterways Trust Fund. 

6. TX Houston Ship 

Channel Expansion Channel 

Improvement 

Project, Harris, 

Chambers, and 

Galveston 

Counties 

April 23, 

2020 

Federal: $462,803,000 

Non-Federal: $414,045,000 

Total: $876,848,000 

7. TX Matagorda Ship 

Channel Improvement 

Project, Port 

Lavaca 

November 

15, 2019 

Federal: $138,660,000 

Non-Federal: $79,664,000 

Total: $218,324,000 

1 (2) FLOOD RISK MANAGEMENT.— 


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A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Costs 

1. AZ Little Colorado 

River at Winslow, Navajo 

County 

December 

14, 2018 

Federal: $52,462,000 

Non-Federal: $28,249,000 

Total: $80,711,000 

2. CA Westminster, East 

Garden Grove, 

California Flood 

Risk Management 

July 9, 2020 Federal: $314,506,000 

Non-Federal: $910,092,000 

Total: $1,224,598,000 

3. CT, 

NY 

Westchester County Streams, 

Byram River 

Basin, Fairfield 

County, Connecticut, and 

Westchester 

County, New 

York 

May 7, 2020 Federal: $14,702,500 

Non-Federal: $14,702,500 

Total: $29,405,000 

4. ND Souris River 

Basin Flood 

Risk Management 

April 16, 

2019 

Federal: $58,041,750 

Non-Federal: $31,253,250 

Total: $89,295,000 

5. NJ Peckman River 

Basin 

April 29, 

2020 

Federal: $95,022,000 

Non-Federal: $51,166,000 

Total: $146,188,000 

6. NM Middle Rio 

Grande Flood 

Protection, 

Bernalillo to 

Belen 

March 13, 

2020 

Federal: $190,538,000 

Non-Federal: $102,598,000 

Total: $293,136,000 

7. OK Tulsa and WestTulsa Levee 

System, Tulsa 

County 

April 23, 

2020 

Federal: $86,780,000 

Non-Federal: $46,728,000 

Total: $133,508,000 

1 (3) HURRICANE AND STORM DAMAGE RISK RE2 DUCTION.— 


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A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Costs 

1. DE Delaware Beneficial Use of 

Dredged Material for the 

Delaware River 

March 6, 

2020 

Initial Federal: $53,220,000 

Initial Non-Federal: 

$28,660,000 

Total: $81,880,000 

Renourishment Federal: 

$116,380,000 

Renourishment Non-Federal: 

$116,380,000 

Renourishment Total: 

$232,760,000 

2. NJ New Jersey Beneficial Use of 

Dredged Material for the 

Delaware River 

April 8, 

2020 

Initial Federal: $80,780,000 

Initial Non-Federal: 

$43,500,000 

Total: $124,280,000 

Renourishment Federal: 

$82,140,000 

Renourishment Non-Federal: 

$82,140,000 

Renourishment Total: 

$164,280,000 

3. NJ Rahway River 

Basin, New 

Jersey Coastal 

Storm Risk 

Management 

June 9, 

2020 

Federal: $46,754,000 

Non-Federal: $25,175,000 

Total: $71,929,000 

4. NY East Rockaway 

Inlet to Rockaway Inlet and 

Jamaica Bay, 

Atlantic Coast 

of New York 

August 22, 

2019 

Initial Federal: $604,203,000 

Initial Non-Federal: $0 

Total: $604,203,000 

Renourishment Federal: 

$189,763,000 

Renourishment Non-Federal: 

$189,763,000 

Renourishment Total: 

$379,526,000 

5. NY Hashamomuck 

Cove Coastal 

Storm Risk 

Management 

December 9, 

2019 

Initial Federal: $11,549,000 

Initial Non-Federal: 

$6,218,000 

Total: $17,767,000 

Renourishment Federal: 

$23,481,500 

Renourishment Non-Federal: 

$23,481,500 

Renourishment Total: 

$46,963,000 


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A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Costs 

6. RI Pawcatuck River 

Coastal Storm 

Risk Management Project 

December 

19, 2018 

Federal: $37,848,000 

Non-Federal: $20,379,000 

Total: $58,227,000 

7. VA Norfolk Coastal 

Storm Risk 

Management 

February 5, 

2019 

Federal: $909,040,000 

Non-Federal: $489,480,000 

Total: $1,398,520,000 

1 (4) FLOOD RISK MANAGEMENT AND ECO2 SYSTEM RESTORATION.— 

A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Costs 

1. CO South Platte 

River and Tributaries, Adams 

and Denver 

Counties 

July 29, 

2019 

Federal: $334,412,000 

Non-Federal: $200,406,000 

Total: $534,818,000 

2. NY Fire Island Inlet 

to Montauk 

Point, New 

York Reformulation 

July 9, 2020 Initial Federal: 

$1,541,981,000 

Initial Non-Federal: $0 

Total: $1,541,981,000 

Renourishment Federal: 

$742,926,500 

Renourishment Non-Federal: 

$742,926,500 

Renourishment Total: 

$1,485,853,000 

3 (5) ECOSYSTEM RESTORATION.— 


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A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Costs 

1. CA Delta Islands and 

Levees 

December 

18, 2018 

Federal: $16,746,395 

Non-Federal: $9,016,736 

Total: $25,763,131 

2. CA Yuba River Ecosystem Restoration June 20, 

2019 

Federal: $65,014,326 

Non-Federal: $35,008,268 

Total: $100,022,594 

3. FL Comprehensive 

Everglades Restoration Plan, 

Loxahatchee 

River Watershed Restoration Project, 

Martin and 

Palm Beach 

Counties 

April 8, 

2020 

Federal: $372,232,000 

Non-Federal: $368,528,000 

Total: $740,760,000 

4. IL The Great Lakes 

and Mississippi 

River Interbasin 

Study - Brandon Road, Will 

County 

May 23, 

2019 

Federal: $690,643,200 

Non-Federal: $172,660,800 

Total: $863,304,000 

5. IL South Fork of the 

South Branch 

of the Chicago 

River, Bubbly 

Creek, Ecosystem Restoration 

July 9, 2020 Federal: $11,657,000 

Non-Federal: $6,277,000 

Total: $17,934,000 

6. MD Anacostia Watershed Restoration, Prince 

George’s County 

December 

19, 2018 

Federal: $23,171,000 

Non-Federal: $12,476,000 

Total: $35,647,000 

7. MO St. Louis 

RiverfrontMeramec River 

Basin Ecosystem Restoration 

November 1, 

2019 

Federal: $60,124,000 

Non-Federal: $32,375,000 

Total: $92,499,000 


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A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Costs 

8. NM Rio Grande, Environmental Management Program, Sandia 

Pueblo to Isleta 

Pueblo, New 

Mexico Ecosystem Restoration 

August 5, 

2019 

Federal: $16,163,000 

Non-Federal: $8,703,000 

Total: $24,866,000 

9. NY, 

NJ 

Hudson-Raritan 

Estuary Ecosystem Restoration 

May 26, 

2020 

Federal: $265,320,000 

Non-Federal: $142,864,000 

Total: $408,184,000 

10. TX Jefferson County 

Ecosystem Restoration 

September 

12, 2019 

Federal: $37,615,000 

Non-Federal: $20,254,000 

Total: $57,869,000 

1 (6) WATER SUPPLY.— 

A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Costs 

1. OR Willamette River 

Basin Review 

Reallocation, 

December 

18, 2019 

Federal: $0 

Non-Federal: $0 

Total: $0 

2 (7) MODIFICATIONS AND OTHER PROJECTS.— 

A. 

State 

B. 

Name 

C. 

Date of 

Decision 

Document 

D. 

Estimated 

Costs 

1. FL Caloosahatchee 

River West 

Basin Storage 

Reservoir (C-43 

WBSR) 

July 24, 

2020 

Federal: $503,466,500 

Non-Federal: $503,466,500 

Total: $1,006,933,000 


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A. 

State 

B. 

Name 

C. 

Date of 

Decision 

Document 

D. 

Estimated 

Costs 

2. KY Kentucky Lock June 9, 

2020 

Total: $1,152,769,000 (to be 

derived 1⁄2 from the general fund of the Treasury 

and 1⁄2 from the Inland 

Waterways Trust Fund) 

3. NC Carolina Beach 

Integrated 

Beach Renourishment 

June 16, 

2020 

Federal: $24,205,000 

Non-Federal: $24,205,000 

Total: $48,410,000 

4. NC Wrightsville 

Beach 

July 2, 2020 Federal: $53,788,000 

Non-Federal: $22,329,000 

Total: $76,117,000 

Renourishment Federal: 

$14,553,000 

Renourishment Non-Federal: 

$14,553,000 

Renourishment Total: 

$29,106,000 

5. TX Corpus Christi 

Ship Channel, 

Deepening and 

Widening and 

Barge Shelves 

May 4, 2020 Federal: $403,000,000 

Non-Federal: $273,010,000 

Total: $676,010,000 

1 SEC. 402. SPECIAL RULES. 

2 (a) GREAT LAKES AND MISSISSIPPI RIVER

3 INTERBASIN PROJECT, BRANDON ROAD, WILL COUNTY, 

4 ILLINOIS.—The Secretary shall carry out the project for 

5 ecosystem restoration, Great Lakes and Mississippi River 

6 Interbasin project, Brandon Road, Will County, Illinois, 

7 authorized by section 401 of this Act, substantially in ac8 cordance with the terms and conditions described in the 

9 Report of the Chief of Engineers, dated May 23, 2019, 

10 with the following modifications: 


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1 (1) The Federal share of the cost of construc2 tion shall be 80 percent. 

3 (2) The Secretary may include the addition or 

4 substitution of technologies or measures not de5 scribed in the report, as the Secretary determines to 

6 be advisable. 

7 (b) WILLAMETTE RIVER BASIN REVIEW REALLOCA8 TION STUDY.—The Secretary shall carry out the project 

9 for water supply, Willamette River Basin Review Realloca10 tion, Oregon, authorized by section 401 of this Act, sub11 stantially in accordance with the terms and conditions de12 scribed in the Report of the Chief of Engineers, dated De13 cember 18, 2019, with the following modifications: 

14 (1) The Secretary shall meet the obligations of 

15 the Corps of Engineers under the Endangered Spe16 cies Act of 1973 by complying with the June 2019 

17 NMFS Willamette Basin Review Study Biological 

18 Opinion Reasonable and Prudent Alternative until 

19 such time, if any, as it is modified or replaced, in 

20 whole or in part, through the consultation process 

21 under section 7(a) of the Endangered Species Act of 

22 1973. 

23 (2) The Secretary may reallocate not more than 

24 10 percent of overall storage in the joint conserva25 tion pool, as authorized by this Act and without furVerDate Sep 11 2014 21:52 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00204 Fmt 6652 Sfmt 6201 E:\BILLS\H7575.RDS H7575

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1 ther congressional action, if such reallocation is con2 sistent with the ongoing consultation under section 

3 7(a) of the Endangered Species Act of 1973 related 

4 to Willamette Valley System operations. 

5 (3) The Secretary shall ensure that the revised 

6 reallocation is not reallocated from a single storage 

7 use, does not seriously affect authorized project pur8 poses, and does not otherwise involve major oper9 ational changes to the project. 

10 (c) CANO MARTIN PENA, SAN JUAN, PUERTO

11 RICO.—Section 5127 of the Water Resources Develop12 ment Act of 2007 (121 Stat. 1242) is amended by striking 

13 ‘‘$150,000,000’’ and inserting ‘‘$232,430,000’’. 

14 SEC. 403. AUTHORIZATION OF PROJECTS BASED ON FEASI15 BILITY STUDIES PREPARED BY NON-FED16 ERAL INTERESTS. 

17 (a) IN GENERAL.—The Secretary is authorized to 

18 carry out the following projects for water resources devel19 opment and conservation and other purposes, subject to 

20 subsection (b): 

21 (1) FORT PIERCE, ST. LUCIE COUNTY, FLOR22 IDA.—The project for hurricane and storm damage 

23 reduction, Fort Pierce, St. Lucie County, Florida, as 

24 described in the review assessment of the Secretary, 

25 titled ‘‘Review Assessment of St. Lucie County, 


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1 Florida Fort Pierce Shore Protection Project Section 

2 203 Integrated Feasibility Study and Environmental 

3 Assessment (June 2018)’’ and dated July 2018, at 

4 a total cost of $33,107,639, and at an estimated 

5 total cost of $97,958,972 for periodic nourishment 

6 over the 50-year life of the project. 

7 (2) BAPTISTE COLLETTE BAYOU, LOUISIANA.— 

8 The project for navigation, Baptiste Collette Bayou, 

9 Louisiana, as described in the review assessment of 

10 the Secretary, titled ‘‘Review Assessment of 

11 Plaquemines Parish Government’s Section 203 

12 Study Baptiste Collette Bayou Navigation Channel 

13 Deepening Project Integrated Feasibility Study and 

14 Environmental Assessment (January 2017, Amend15 ed April 2018)’’ and dated June 2018, at a total 

16 cost of $44,920,000. 

17 (3) HOUMA NAVIGATION CANAL, LOUISIANA.— 

18 The project for navigation, Houma Navigation 

19 Canal, Louisiana, as described in the review assess20 ment of the Secretary, titled ‘‘Review Assessment of 

21 Houma Navigation Canal Deepening Project Section 

22 203 Integrated Feasibility Report and DRAFT En23 vironmental Impact Statement (June 2018)’’ and 

24 dated July 2018, at a total cost of $253,458,000. 


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1 (4) PORT FOURCHON BELLE PASS CHANNEL, 

2 LOUISIANA.—The project for navigation, Port 

3 Fourchon Belle Pass Channel, Louisiana, as de4 scribed in the review assessment of the Secretary, ti5 tled ‘‘Review Assessment of Port Fourchon Belle 

6 Pass Channel Deepening Project Section 203 Feasi7 bility Study (January 2019, revised January 2020)’’ 

8 and dated April 2020, at a total cost of 

9 $95,483,000. 

10 (5) WILMINGTON HARBOR, NORTH CAROLINA.— 

11 The project for navigation, Wilmington Harbor, 

12 North Carolina, as described in the review assess13 ment of the Secretary, titled ‘‘Review Assessment of 

14 Wilmington Harbor, North Carolina Navigation Im15 provement Project Integrated Section 203 Study & 

16 Environmental Report (February 2020)’’ and dated 

17 May 2020, at a total cost of $834,093,000. 

18 (6) CHACON CREEK, TEXAS.—The project for 

19 flood risk management, ecosystem restoration, and 

20 other purposes, Chacon Creek, Texas, as described 

21 in the review assessment of the Secretary, titled 

22 ‘‘Review Assessment of Chacon Creek, Texas Section 

23 203 Integrated Feasibility Report and DRAFT En24 vironmental Assessment (August 2018)’’ and dated 

25 September 2018, at a total cost of $51,973,000. 


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1 (b) REQUIREMENTS.—The Secretary may only carry 

2 out a project authorized under subsection (a)— 

3 (1) substantially in accordance with the applica4 ble review assessment for the project submitted by 

5 the Secretary under section 203(c) of the Water Re6 sources Development Act of 1986, as identified in 

7 subsection (a) of this section, and subject to such 

8 modifications or conditions as the Secretary con9 siders appropriate and identifies in a final assess10 ment that addresses the concerns, recommendations, 

11 and conditions identified by the Secretary in the ap12 plicable review assessment; and 

13 (2) after the Secretary transmits to the Com14 mittee on Transportation and Infrastructure of the 

15 House of Representatives and the Committee on En16 vironment and Public Works of the Senate such 

17 final assessment. 

18 (c) TECHNICAL CORRECTION.—Section 203(c)(1) of 

19 the Water Resources Development Act of 1986 (33 U.S.C. 

20 2231(c)(1)) is amended, in the matter preceding subpara21 graph (A), by striking ‘‘a report’’ and inserting ‘‘an as22 sessment’’. 


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1 TITLE V—BUDGETARY EFFECTS 

2 SEC. 501. DETERMINATION OF BUDGETARY EFFECTS. 

3 The budgetary effects of this Act, for the purpose of 

4 complying with the Statutory Pay-As-You-Go Act of 2010, 

5 shall be determined by reference to the latest statement 

6 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

7 Act, submitted for printing in the Congressional Record 

8 by the Chairman of the House Budget Committee, pro9 vided that such statement has been submitted prior to the 

10 vote on passage. 

Passed the House of Representatives July 29, 2020. 

Attest: CHERYL L. JOHNSON, 

Clerk. 

By GLORIA J. LETT, 

Deputy Clerk. 


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