IB 

Union Calendar No. 369 

116TH CONGRESS 

2D SESSION H. R. 7575 

[Report No. 116–460, Part I] 

To provide for improvements to the rivers and harbors of the United States, 

to provide for the conservation and development of water and related 

resources, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 13, 2020 

Mr. DEFAZIO (for himself, Mr. GRAVES of Missouri, Mrs. NAPOLITANO, and 

Mr. WESTERMAN) introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure, and in addition to the 

Committee on the Budget, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

JULY 24, 2020 

Reported from the Committee on Transportation and Infrastructure with an 

amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

JULY 24, 2020 

Committee on the Budget discharged; committed to the Committee of the 

Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on July 13, 2020] 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 7575 RH

A BILL 

To provide for improvements to the rivers and harbors of 

the United States, to provide for the conservation and 

development of water and related resources, and for 

other purposes. 


kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 7575 RH

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

7 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. 


kjohnson on DSK79L0C42PROD with BILLS
4 

•HR 7575 RH

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. 

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 water supply and water conservation at water resources development projects. 

Sec. 221. PFAS review and inventory at Corps facilities. 

Sec. 222. 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. Chesapeake Bay Environmental Restoration and Protection Program. 

Sec. 307. Upper Mississippi River System Environmental Management Program. 

Sec. 308. McClellan-Kerr Arkansas River Navigation System. 

Sec. 309. Ouachita-Black River Navigation Project, Arkansas. 

Sec. 310. Sacramento River, Glenn-Colusa, California. 


kjohnson on DSK79L0C42PROD with BILLS
5 

•HR 7575 RH

Sec. 311. Lake Isabella, California. 

Sec. 312. Lower San Joaquin River flood control project. 

Sec. 313. San Diego River and Mission Bay, San Diego County, California. 

Sec. 314. San Francisco, California, Waterfront Area. 

Sec. 315. Western Pacific Interceptor Canal, Sacramento River, California. 

Sec. 316. Rio Grande Environmental Management Program, Colorado, New Mexico, and Texas. 

Sec. 317. New London Harbor Waterfront Channel, Connecticut. 

Sec. 318. Washington Harbor, District of Columbia. 

Sec. 319. Central Everglades, Florida. 

Sec. 320. Miami River, Florida. 

Sec. 321. Taylor Creek Reservoir and Levee L–73 (Section 1), Upper St. Johns 

River Basin, Florida. 

Sec. 322. Calcasieu River and Pass, Louisiana. 

Sec. 323. San Juan-Chama project; Abiquiu Dam, New Mexico. 

Sec. 324. Pawcatuck River, Little Narragansett Bay and Watch Hill Cove, Rhode 

Island and Connecticut. 

Sec. 325. Harris County, Texas. 

Sec. 326. Cap Sante Waterway, Washington. 

Sec. 327. Regional sediment management. 

Sec. 328. Additional assistance for critical projects. 

Sec. 329. Project modification authorizations. 

Sec. 330. Application of credit. 

Sec. 331. Project reauthorizations. 

Sec. 332. Conveyances. 

Sec. 333. 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. 

1 SEC. 2. SECRETARY DEFINED. 

2 In this Act, the term ‘‘Secretary’’ means the Secretary 

3 of the Army. 

4 TITLE I—GENERAL PROVISIONS 

5 SEC. 101. BUDGETARY TREATMENT EXPANSION AND AD6 JUSTMENT FOR THE HARBOR MAINTENANCE 

7 TRUST FUND. 

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

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

10 follows: 


kjohnson on DSK79L0C42PROD with BILLS
6 

•HR 7575 RH

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

2 and Emergency Deficit Control Act of 1985 (2 U.S.C. 

3 901(b)(2)) is amended by adding at the end the following: 

4 ‘‘ ‘(H) HARBOR MAINTENANCE ACTIVI5 TIES.—If, for any fiscal year, appropriations for 

6 the Construction, Mississippi River and Tribu7 taries, and Operation and Maintenance accounts 

8 of the Corps of Engineers are enacted that are 

9 derived from the Harbor Maintenance Trust 

10 Fund established under section 9505(a) of the In11 ternal Revenue Code of 1986 and that the Con12 gress designates in statute as being for harbor 

13 operations and maintenance activities, then the 

14 adjustment for that fiscal year shall be the total 

15 of such appropriations that are derived from 

16 such Fund and designated as being for harbor 

17 operations and maintenance activities.’.’’. 

18 (b) EFFECTIVE DATE.—The amendment made by sub19 section (a) shall take effect as if included in the enactment 

20 of the CARES Act (Public Law 116–136). 

21 SEC. 102. FUNDING FOR NAVIGATION. 

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

23 Water Resources Development Act of 1986 (33 U.S.C. 2238) 

24 is amended, in the section heading, by striking ‘‘AUTHORVerDate Sep 11 2014 22:18 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H7575.RH H7575

kjohnson on DSK79L0C42PROD with BILLS
7 

•HR 7575 RH

1 IZATION OF APPROPRIATIONS’’ and inserting ‘‘FUND2 ING FOR NAVIGATION’’. 

3 (b) OPERATION AND MAINTENANCE OF HARBOR

4 PROJECTS.—Section 210(c) of the Water Resources Devel5 opment Act of 1986 (33 U.S.C. 2238(c)) is amended— 

6 (1) by amending paragraph (1) to read as fol7 lows: 

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

9 funds made available under this section (including 

10 funds appropriated from the Harbor Maintenance 

11 Trust Fund), the Secretary shall make expenditures to 

12 pay for operation and maintenance costs of the har13 bors and inland harbors referred to in subsection 

14 (a)(2), using— 

15 ‘‘(A) not less than 20 percent of such funds 

16 for emerging harbor projects, to the extent there 

17 are identifiable operations and maintenance 

18 needs, including eligible breakwater and jetty 

19 needs, at such harbor projects; 

20 ‘‘(B) not less than 12 percent of such funds 

21 for projects that are located within the Great 

22 Lakes Navigation System; 

23 ‘‘(C) 10 percent of such funds for expanded 

24 uses carried out at donor ports, as such term is 

25 defined in section 2106 of the Water Resources 


kjohnson on DSK79L0C42PROD with BILLS
8 

•HR 7575 RH

1 Reform and Development Act of 2014 (33 U.S.C. 

2 2238c); and 

3 ‘‘(D) any remaining funds for operation 

4 and maintenance costs of any harbor or inland 

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

6 an equitable allocation of such funds among such 

7 harbors and inland harbors.’’; 

8 (2) by amending paragraph (3) to read as fol9 lows: 

10 ‘‘(3) ADDITIONAL USES AT EMERGING HAR11 BORS.— 

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

13 Secretary may use not more than $5,000,000 of 

14 funds designated for emerging harbor projects 

15 under paragraph (1)(A) to pay for the costs of 

16 up to 10 projects for maintenance dredging of a 

17 marina or berthing area, in an emerging harbor, 

18 that includes an area that is located adjacent to, 

19 or is accessible by, a Federal navigation project, 

20 subject to subparagraphs (B) and (C) of this 

21 paragraph. 

22 ‘‘(B) ELIGIBLE EMERGING HARBORS.—The 

23 Secretary may use funds as authorized under 

24 subparagraph (A) at an emerging harbor that— 


kjohnson on DSK79L0C42PROD with BILLS
9 

•HR 7575 RH

1 ‘‘(i) supports commercial activities, in2 cluding commercial fishing operations, com3 mercial fish processing operations, rec4 reational and sport fishing, and commercial 

5 boat yards; or 

6 ‘‘(ii) supports activities of the Sec7 retary of the department in which the Coast 

8 Guard is operating. 

9 ‘‘(C) COST-SHARING REQUIREMENTS.—The 

10 Secretary shall require a non-Federal interest to 

11 contribute not less than 25 percent of the costs 

12 for maintenance dredging of that portion of a 

13 maintenance dredging project described in sub14 paragraph (A) that is located outside of the Fed15 eral navigation project, which may be provided 

16 as an in-kind contribution, including through 

17 the use of dredge equipment owned by non-Fed18 eral interest to carry out such activities.’’; and 

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

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

21 this subsection prohibits the Secretary from making 

22 an expenditure to pay for the operation and mainte23 nance costs of a specific harbor or inland harbor, in24 cluding the transfer of funding from the operation 

25 and maintenance of a separate project, if— 


kjohnson on DSK79L0C42PROD with BILLS
10 

•HR 7575 RH

1 ‘‘(A) the Secretary determines that the ac2 tion is necessary to address the navigation needs 

3 of a harbor or inland harbor where safe naviga4 tion has been severely restricted due to an un5 foreseen event; and 

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

7 of the action notice and information on the need 

8 for the action to the Committee on Environment 

9 and Public Works and the Committee on Appro10 priations of the Senate and the Committee on 

11 Transportation and Infrastructure and the Com12 mittee on Appropriations of the House of Rep13 resentatives.’’. 

14 (c) PRIORITIZATION.—Section 210 of the Water Re15 sources Development Act of 1986 (33 U.S.C. 2238) is 

16 amended by striking subsection (d) and redesignating sub17 sections (e) and (f) as subsections (d) and (e), respectively. 

18 (d) ASSESSMENT OF HARBORS AND INLAND HAR19 BORS.—Section 210(d)(2)(A)(ii) of the Water Resources De20 velopment Act of 1986 (as so redesignated) is amended by 

21 striking ‘‘expanded uses at eligible harbors or inland har22 bors referred to in subsection (d)(2)’’ and inserting ‘‘uses 

23 described in paragraphs (1)(C) and (3) of subsection (c)’’. 


kjohnson on DSK79L0C42PROD with BILLS
11 

•HR 7575 RH

1 (e) DEFINITIONS.—Section 210(e) of the Water Re2 sources Development Act of 1986 (as so redesignated) is 

3 amended— 

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

5 (2) by redesignating paragraphs (3) through (5) 

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

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

8 following: 

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

10 harbor’ means a harbor or inland harbor referred to 

11 in subsection (a)(2) that transits less than 1,000,000 

12 tons of cargo annually. 

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

14 ‘emerging harbor project’ means a project that is as15 signed to an emerging harbor.’’; and 

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

17 adding at the end the following: 

18 ‘‘(C) An in-water improvement, if the im19 provement— 

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

21 a wharf or other berthing structure, or the 

22 repair or replacement of a deteriorating 

23 wharf or other berthing structure, at a port 

24 facility; 


kjohnson on DSK79L0C42PROD with BILLS
12 

•HR 7575 RH

1 ‘‘(ii) benefits commercial navigation at 

2 the harbor; and 

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

4 berth that is accessible to a Federal naviga5 tion project. 

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

7 at a berth in a harbor that is accessible to a Fed8 eral navigation project if such activity benefits 

9 commercial navigation at the harbor.’’. 

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

11 MAINTENANCE TRUST FUND. 

12 Section 330 of the Water Resources Development Act 

13 of 1992 (26 U.S.C. 9505 note; 106 Stat. 4851) is amended— 

14 (1) in subsection (a)— 

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

16 and inserting ‘‘and annually thereafter concur17 rent with the submission of the President’s an18 nual budget request to Congress,’’; and 

19 (B) by striking ‘‘Public Works and Trans20 portation’’ and inserting ‘‘Transportation and 

21 Infrastructure’’; and 

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

23 following: 

24 ‘‘(D) A description of the expected expendi25 tures from the trust fund to meet the needs of 


kjohnson on DSK79L0C42PROD with BILLS
13 

•HR 7575 RH

1 navigation for the fiscal year of the budget re2 quest.’’. 

3 SEC. 104. ADDITIONAL MEASURES AT DONOR PORTS AND 

4 ENERGY TRANSFER PORTS. 

5 (a) DEFINITIONS.—Section 2106(a) of the Water Re6 sources Reform and Development Act of 2014 (33 U.S.C. 

7 2238c(a)) is amended— 

8 (1) in paragraph (3)(A)— 

9 (A) by amending clause (ii) to read as fol10 lows: 

11 ‘‘(ii) at which the total amount of har12 bor maintenance taxes collected (including 

13 the estimated taxes related to domestic cargo 

14 and cruise passengers) comprise not less 

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

16 funding of the Harbor Maintenance Trust 

17 Fund in each of the previous 3 fiscal 

18 years;’’; 

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

20 the estimated taxes related to domestic cargo and 

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

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

23 2012’’ and inserting ‘‘each of the previous 3 fis24 cal years’’; 


kjohnson on DSK79L0C42PROD with BILLS
14 

•HR 7575 RH

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

2 2012’’ each place it appears and inserting ‘‘each of 

3 the previous 3 fiscal years’’; 

4 (3) by redesignating paragraph (8) as para5 graph (9) and inserting after paragraph (7) the fol6 lowing: 

7 ‘‘(8) HARBOR MAINTENANCE TRUST FUND.—The 

8 term ‘Harbor Maintenance Trust Fund’ means the 

9 Harbor Maintenance Trust Fund established by sec10 tion 9505 of the Internal Revenue Code of 1986.’’; and 

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

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

13 as follows: 

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

15 maintenance taxes collected (including the esti16 mated taxes related to domestic cargo and cruise 

17 passengers) comprise annually more than 

18 $5,000,000 but less than $15,000,000 of the total 

19 funding of the Harbor Maintenance Trust Fund 

20 in each of the previous 3 fiscal years;’’; 

21 (B) in subparagraph (C), by inserting ‘‘(in22 cluding the estimated taxes related to domestic 

23 cargo and cruise passengers)’’ after ‘‘taxes col24 lected’’; and 


kjohnson on DSK79L0C42PROD with BILLS
15 

•HR 7575 RH

1 (C) in subparagraph (D), by striking ‘‘fis2 cal year 2012’’ and inserting ‘‘each of the pre3 vious 3 fiscal years’’. 

4 (b) REPORT TO CONGRESS; AUTHORIZATION OF AP5 PROPRIATIONS.—Section 2106 of the Water Resources Re6 form and Development Act of 2014 (33 U.S.C. 2238c) is 

7 amended— 

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

9 subsections (f) and (g) as subsections (e) and (f), re10 spectively; and 

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

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

13 and inserting ‘‘2030’’; and 

14 (B) by striking paragraph (3). 

15 SEC. 105. ASSUMPTION OF MAINTENANCE OF A LOCALLY 

16 PREFERRED PLAN. 

17 Section 204(f) of the Water Resources Development Act 

18 of 1986 (33 U.S.C. 2232(f)) is amended to read as follows: 

19 ‘‘(f) OPERATION AND MAINTENANCE.— 

20 ‘‘(1) ASSUMPTION OF MAINTENANCE.—Whenever 

21 a non-Federal interest carries out improvements to a 

22 federally authorized harbor or inland harbor, the Sec23 retary shall be responsible for operation and mainte24 nance in accordance with section 101(b) if— 


kjohnson on DSK79L0C42PROD with BILLS
16 

•HR 7575 RH

1 ‘‘(A) before construction of the improve2 ments— 

3 ‘‘(i) the Secretary determines that the 

4 improvements are feasible and consistent 

5 with the purposes of this title; and 

6 ‘‘(ii) the Secretary and the non-Federal 

7 interest execute a written agreement relat8 ing to operation and maintenance of the 

9 improvements; 

10 ‘‘(B) the Secretary certifies that the project 

11 or separable element of the project is constructed 

12 in accordance with applicable permits and ap13 propriate engineering and design standards; and 

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

15 project or separable element is no longer feasible. 

16 ‘‘(2) FEDERAL FINANCIAL PARTICIPATION IN THE

17 COSTS OF A LOCALLY PREFERRED PLAN.—In the case 

18 of improvements determined by the Secretary pursu19 ant to paragraph (1)(A)(i) to deviate from the na20 tional economic development plan, the Secretary shall 

21 be responsible for all operation and maintenance costs 

22 of such improvements, as described in section 101(b), 

23 including costs in excess of the costs of the national 

24 economic development plan, if the Secretary deterVerDate Sep 11 2014 22:18 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6203 E:\BILLS\H7575.RH H7575

kjohnson on DSK79L0C42PROD with BILLS
17 

•HR 7575 RH

1 mines that the improvements satisfy the requirements 

2 of paragraph (1).’’. 

3 SEC. 106. COAST GUARD ANCHORAGES. 

4 The Secretary is authorized to perform dredging at 

5 Federal expense within and adjacent to anchorages on the 

6 Columbia River established by the Coast Guard pursuant 

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

8 to provide safe anchorage for deep draft vessels commensu9 rate with the authorized Federal navigation channel depth, 

10 including advanced maintenance. 

11 SEC. 107. STATE CONTRIBUTION OF FUNDS FOR CERTAIN 

12 OPERATION AND MAINTENANCE COSTS. 

13 In carrying out eligible operations and maintenance 

14 activities within the Great Lakes Navigation System pursu15 ant to section 210 of the Water Resources Development Act 

16 of 1986 (33 U.S.C. 2238) in a State that has implemented 

17 any additional State limitation on the disposal of dredged 

18 material in the open waters of such State, the Secretary 

19 may, pursuant to section 5 of the Act of June 22, 1936 

20 (33 U.S.C. 701h), receive from such State, and expend, such 

21 funds as may be contributed by the State to cover the addi22 tional costs for operations and maintenance activities for 

23 a harbor or inland harbor within such State that result 

24 from such limitation. 


kjohnson on DSK79L0C42PROD with BILLS
18 

•HR 7575 RH

1 SEC. 108. INLAND WATERWAY PROJECTS. 

2 (a) IN GENERAL.—Notwithstanding section 102 of the 

3 Water Resources Development Act of 1986 (33 U.S.C. 2212), 

4 35 percent of the costs of construction of any project for 

5 navigation on the inland waterways shall be paid from 

6 amounts appropriated from the Inland Waterways Trust 

7 Fund— 

8 (1) during each of fiscal years 2021 through 

9 2027; and 

10 (2) for a project the construction of which is ini11 tiated during such period, in each fiscal year until 

12 such construction is complete. 

13 (b) PRIORITIZATION.—In selecting projects described 

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

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

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

17 year program for making capital investments developed 

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

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

20 SEC. 109. IMPLEMENTATION OF WATER RESOURCES PRIN21 CIPLES AND REQUIREMENTS. 

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

23 date of enactment of this Act, the Secretary shall issue final 

24 agency-specific procedures necessary to implement the prin25 ciples and requirements and the interagency guidelines. 


kjohnson on DSK79L0C42PROD with BILLS
19 

•HR 7575 RH

1 (b) DEVELOPMENT OF FUTURE WATER RESOURCES

2 DEVELOPMENT PROJECTS.—The procedures required by 

3 subsection (a) shall ensure that the Secretary, in the formu4 lation of future water resources development projects— 

5 (1) develops such projects in accordance with— 

6 (A) the guiding principles established by the 

7 principles and requirements; and 

8 (B) the national water resources planning 

9 policy established by section 2031(a) of the 

10 Water Resources Development Act of 2007 (42 

11 U.S.C. 1962–3(a)); and 

12 (2) fully identifies and analyzes national eco13 nomic development benefits, regional economic devel14 opment benefits, environmental quality benefits, and 

15 other societal effects. 

16 (c) REVIEW AND UPDATE.—Every 5 years, the Sec17 retary shall review and, where appropriate, revise the pro18 cedures required by subsection (a). 

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

20 issuing, reviewing, and revising the procedures required by 

21 this section, the Secretary shall— 

22 (1) provide notice to interested non-Federal 

23 stakeholders of the Secretary’s intent to revise the pro24 cedures; 


kjohnson on DSK79L0C42PROD with BILLS
20 

•HR 7575 RH

1 (2) provide opportunities for interested non-Fed2 eral stakeholders to engage with, and provide input 

3 and recommendations to, the Secretary on the revi4 sion of the procedures; and 

5 (3) solicit and consider public and expert com6 ments. 

7 (e) DEFINITIONS.—In this section: 

8 (1) INTERAGENCY GUIDELINES.—The term 

9 ‘‘interagency guidelines’’ means the interagency 

10 guidelines contained in the document finalized by the 

11 Council on Environmental Quality pursuant to sec12 tion 2031 of the Water Resources Development Act of 

13 2007 (42 U.S.C. 1962–3) in December 2014, to imple14 ment the principles and requirements. 

15 (2) PRINCIPLES AND REQUIREMENTS.—The term 

16 ‘‘principles and requirements’’ means the principles 

17 and requirements contained in the document prepared 

18 by the Council on Environmental Quality pursuant 

19 to section 2031 of the Water Resources Development 

20 Act of 2007 (42 U.S.C. 1962–3), entitled ‘‘Principles 

21 and Requirements for Federal Investments in Water 

22 Resources’’, and dated March 2013. 

23 SEC. 110. RESILIENCY PLANNING ASSISTANCE. 

24 (a) IN GENERAL.—Section 206(a) of the Flood Control 

25 Act of 1960 (33 U.S.C. 709a(a)) is amended by inserting 


kjohnson on DSK79L0C42PROD with BILLS
21 

•HR 7575 RH

1 ‘‘, to avoid repetitive flooding impacts, to anticipate, pre2 pare, and adapt to changing climatic conditions and ex3 treme weather events, and to withstand, respond to, and re4 cover rapidly from disruption due to the flood hazards’’ 

5 after ‘‘in planning to ameliorate the flood hazard’’. 

6 (b) PRIORITIZING FLOOD RISK RESILIENCY TECH7 NICAL ASSISTANCE FOR ECONOMICALLY DISADVANTAGED

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

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

10 prioritize the provision of technical assistance to support 

11 flood risk resiliency planning efforts of an economically dis12 advantaged community. 

13 SEC. 111. PROJECT CONSULTATION. 

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

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

16 submit the following reports: 

17 (1) The report required under section 1214 of the 

18 Water Resources Development Act of 2018 (132 Stat. 

19 3809). 

20 (2) The report required under section 1120(a)(3) 

21 of the Water Resources Development Act of 2016 (130 

22 Stat. 1643). 

23 (b) CONSULTATION.— 

24 (1) AGENCIES AND TRIBES.—The Secretary shall 

25 ensure that all covered community consultation poliVerDate Sep 11 2014 22:18 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6203 E:\BILLS\H7575.RH H7575

kjohnson on DSK79L0C42PROD with BILLS
22 

•HR 7575 RH

1 cies, regulations, and guidance of the Corps of Engi2 neers continue to be implemented, and that consulta3 tions with Federal and State agencies and Indian 

4 Tribes required for a water resources development 

5 project are carried out. 

6 (2) COMMUNITIES.—The Secretary shall ensure 

7 that any covered communities, including such com8 munities identified in the reports submitted under 

9 subsection (a), that are found to be disproportionately 

10 or adversely affected are included in consultation 

11 policies, regulations, and guidance of the Corps of 

12 Engineers. 

13 (3) PROJECT PLANNING AND CONSTRUCTION.— 

14 The Secretary shall ensure that covered communities 

15 are consulted in the development of water resources 

16 development project planning and construction, for 

17 the purposes of achieving environmental justice and 

18 addressing any disproportionate or adverse effects on 

19 such communities. 

20 (c) ENVIRONMENTAL JUSTICE UPDATES.— 

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

22 the date of enactment of this Act, the Secretary shall 

23 update any policies, regulations, and guidance of the 

24 Corps of Engineers related to achieving environ25 mental justice for covered communities. 


kjohnson on DSK79L0C42PROD with BILLS
23 

•HR 7575 RH

1 (2) RECOMMENDATIONS AND CONSULTATION.—In 

2 carrying out paragraph (1), the Secretary shall— 

3 (A) consult with a wide array of representa4 tives of covered communities; and 

5 (B) use the recommendations from the re6 ports submitted under subsection (a). 

7 (d) COMMUNITY ENGAGEMENT.—The Secretary shall 

8 ensure that in carrying out authorized water resources de9 velopment projects in, and all other activities of the Corps 

10 of Engineers related to, covered communities, the Corps of 

11 Engineers— 

12 (1) promotes the meaningful involvement of such 

13 communities in the project development and imple14 mentation, enforcement efforts, and other activities of 

15 the Corps of Engineers; 

16 (2) provides guidance and technical assistance to 

17 such communities to increase understanding of the 

18 project development and implementation activities, 

19 regulations, and policies of the Corps of Engineers; 

20 and 

21 (3) cooperates with State, Tribal, and local gov22 ernments with respect to activities carried out pursu23 ant to this subsection. 

24 (e) TRIBAL LANDS AND CONSULTATION.—The Sec25 retary shall ensure that in carrying out authorized water 


kjohnson on DSK79L0C42PROD with BILLS
24 

•HR 7575 RH

1 resources development projects and in all other activities of 

2 the Corps of Engineers, that the Corps of Engineers— 

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

4 on any Tribal lands near or adjacent to any activi5 ties of the Corps of Engineers, for purposes of identi6 fying lands of ancestral, cultural, or religious impor7 tance; and 

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

9 otherwise find alternate solutions with respect to, such 

10 lands; and 

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

12 on any Tribal areas near or adjacent to any activi13 ties of the Corps of Engineers, for purposes of identi14 fying lands, waters, and other resources critical to the 

15 livelihood of the Indian Tribes; and 

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

17 otherwise find alternate solutions with respect to, such 

18 areas. 

19 (f) DEFINITIONS.—In this section: 

20 (1) COMMUNITY OF COLOR.—The term ‘‘commu21 nity of color’’ means a community of individuals who 

22 are— 

23 (A) American Indian or Alaska Native; 

24 (B) Asian or Pacific Islander; 

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


kjohnson on DSK79L0C42PROD with BILLS
25 

•HR 7575 RH

1 (D) Hispanic. 

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

3 community’’ means each of the following: 

4 (A) A community of color. 

5 (B) An economically disadvantaged commu6 nity. 

7 (C) A rural community. 

8 (D) A Tribal or indigenous community. 

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

10 several States, the District of Columbia, and each of 

11 the commonwealths, territories, and possessions of the 

12 United States. 

13 SEC. 112. REVIEW OF RESILIENCY ASSESSMENTS. 

14 (a) RESILIENCY ASSESSMENT.— 

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

16 the date of enactment of this section, and in conjunc17 tion with the development of procedures under section 

18 109 of this Act, the Secretary is directed to review, 

19 and where appropriate, revise the existing planning 

20 guidance documents and regulations on the assess21 ment of the effects of sea level rise on future water re22 sources development projects to ensure that such guid23 ance documents and regulations are based on the best 

24 available, peer-reviewed science and data on the curVerDate Sep 11 2014 22:18 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6203 E:\BILLS\H7575.RH H7575

kjohnson on DSK79L0C42PROD with BILLS
26 

•HR 7575 RH

1 rent and future effects of sea level rise on coastal com2 munities. 

3 (2) COORDINATION.—In carrying out this sub4 section, the Secretary shall— 

5 (A) coordinate the review with the Engineer 

6 Research and Development Center, other Federal 

7 and State agencies, and other relevant entities; 

8 and 

9 (B) to the maximum extent practicable and 

10 where appropriate, utilize data provided to the 

11 Secretary by such agencies. 

12 (b) ASSESSMENT OF BENEFITS OF SEA LEVEL RISE

13 RESILIENCY IN FEASIBILITY REPORTS.— 

14 (1) IN GENERAL.—Upon the request of a non15 Federal interest, in carrying out a feasibility study 

16 for a project for flood risk mitigation, hurricane and 

17 storm damage risk reduction, or ecosystem restoration 

18 under section 905 of the Water Resources Development 

19 Act of 1986 (33 U.S.C. 2282), the Secretary shall con20 sider whether the need for the project is predicated 

21 upon or exacerbated by conditions related to sea level 

22 rise. 

23 (2) SEA LEVEL RISE RESILIENCY BENEFITS.—To 

24 the maximum extent practicable, in carrying out a 

25 study pursuant to paragraph (1), the Secretary shall 


kjohnson on DSK79L0C42PROD with BILLS
27 

•HR 7575 RH

1 document the potential effects of sea level rise on the 

2 project, and benefits of the project relating to sea level 

3 rise, during the 50-year period after the date of com4 pletion of the project. 

5 SEC. 113. SMALL FLOOD CONTROL PROJECTS. 

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

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

8 use natural features or nature-based features (as those terms 

9 are defined in section 1184(a) of the Water Resources Devel10 opment Act of 2016 (33 U.S.C. 2289a(a))),’’ after ‘‘non11 structural projects’’. 

12 SEC. 114. CONFORMING AMENDMENT. 

13 Section 103(b) of the Water Resources Development Act 

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

15 (1) in the subsection heading, by striking ‘‘NON16 STRUCTURAL FLOOD CONTROL PROJECTS’’ and in17 serting ‘‘PROJECTS USING NONSTRUCTURAL, NAT18 URAL, OR NATURE-BASED FEATURES’’; and 

19 (2) in paragraph (1)— 

20 (A) by striking ‘‘nonstructural flood control 

21 measures’’ and inserting ‘‘a flood risk manage22 ment or hurricane and storm damage risk reduc23 tion measure using a nonstructural feature, or a 

24 natural feature or nature-based feature (as those 

25 terms are defined in section 1184(a) of the Water 


kjohnson on DSK79L0C42PROD with BILLS
28 

•HR 7575 RH

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

2 2289a(a))),’’; and 

3 (B) by striking ‘‘cash during construction of 

4 the project’’ and inserting ‘‘cash during construc5 tion for a nonstructural feature if the costs of 

6 land, easements, rights-of-way, dredged material 

7 disposal areas, and relocations for such feature 

8 are estimated to exceed 35 percent’’. 

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

10 NATURE-BASED FEATURES. 

11 (a) TECHNICAL CORRECTION.—Section 1149(c) of the 

12 Water Resources Development Act of 2018 (33 U.S.C. 2282 

13 note; 132 Stat. 3787) is amended by striking ‘‘natural in14 frastructure alternatives’’ and inserting ‘‘natural feature or 

15 nature-based feature alternatives (as such terms are defined 

16 in section 1184 of the Water Resources Development Act of 

17 2016 (32 U.S.C. 2289a))’’. 

18 (b) SUMMARY OF ANALYSIS.—To the maximum extent 

19 practicable, the Secretary shall include in each feasibility 

20 report developed under section 905 of the Water Resources 

21 Development Act of 1986 (33 U.S.C. 2282) for a project that 

22 contains a flood risk management or hurricane and storm 

23 damage risk reduction element, a summary of the natural 

24 feature or nature-based feature alternatives that were evalu25 ated in the development of the feasibility report, and, if such 


kjohnson on DSK79L0C42PROD with BILLS
29 

•HR 7575 RH

1 alternatives were not included in the recommended plan, 

2 an explanation of why such alternatives were not included 

3 into the recommended plan. 

4 SEC. 116. REPORT ON CORROSION PREVENTION ACTIVI5 TIES. 

6 Not later than 180 days after the date of enactment 

7 of this Act, the Secretary shall submit to the Committee on 

8 Transportation and Infrastructure of the House of Rep9 resentatives and the Committee on Environment and Public 

10 Works of the Senate, and make publicly available, a report 

11 that describes— 

12 (1) the extent to which the Secretary has carried 

13 out section 1033 of the Water Resources Reform and 

14 Development Act of 2014 (33 U.S.C. 2350); 

15 (2) the extent to which the Secretary has incor16 porated corrosion prevention activities (as defined in 

17 such section) at water resources development projects 

18 constructed or maintained by the Secretary since the 

19 date of enactment of such section; and 

20 (3) in instances where the Secretary has not in21 corporated corrosion prevention activities at such 

22 water resources development projects since such date, 

23 an explanation as to why such corrosion prevention 

24 activities have not been incorporated. 


kjohnson on DSK79L0C42PROD with BILLS
30 

•HR 7575 RH

1 SEC. 117. QUANTIFICATION OF BENEFITS FOR FLOOD RISK 

2 MANAGEMENT PROJECTS IN SEISMIC ZONES. 

3 (a) IN GENERAL.—Upon the request of the non-Federal 

4 interest for a flood risk management project in a seismic 

5 zone, the Secretary shall quantify the seismic hazard risk 

6 reduction benefits for the project if the non-Federal interest 

7 identifies, and the Secretary approves, an acceptable meth8 odology to quantify such benefits. 

9 (b) APPLICABILITY.—The Secretary shall— 

10 (1) include all associated seismic hazard risk re11 duction benefits approved by the Secretary in the cal12 culation of the national economic development benefit13 cost ratio for a flood risk management project in a 

14 seismic hazard zone for purposes of plan formulation 

15 pursuant to section 905 of the Water Resources Devel16 opment Act of 1986; and 

17 (2) seek to maximize the combination of flood 

18 risk reduction and seismic hazard risk reduction ben19 efits in the formulation of the national economic de20 velopment alternative for such project. 

21 SEC. 118. FEDERAL INTEREST DETERMINATION. 

22 Section 905 of the Water Resources Development Act 

23 of 1986 (33 U.S.C. 2282) is amended by inserting after sub24 section (a) the following: 

25 ‘‘(b) FEDERAL INTEREST DETERMINATION.— 


kjohnson on DSK79L0C42PROD with BILLS
31 

•HR 7575 RH

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

2 report under subsection (a) for a study that will ben3 efit an economically disadvantaged community, upon 

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

5 Secretary shall first determine the Federal interest in 

6 carrying out the study and the projects that may be 

7 proposed in the study. 

8 ‘‘(2) COST SHARE.—The costs of a determination 

9 under paragraph (1)— 

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

11 ‘‘(B) shall not exceed $200,000. 

12 ‘‘(3) DEADLINE.—A determination under para13 graph (1) shall be completed by not later than 120 

14 days after the date on which funds are made available 

15 to the Secretary to carry out the determination. 

16 ‘‘(4) TREATMENT.— 

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

18 determination is being completed under para19 graph (1) for a study shall not be included for 

20 purposes of the deadline to complete a final fea21 sibility report under section 1001(a)(1) of the 

22 Water Resources Reform and Development Act of 

23 2014 (33 U.S.C. 2282c(a)(1)). 

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

25 under paragraph (1) shall not be included for 


kjohnson on DSK79L0C42PROD with BILLS
32 

•HR 7575 RH

1 purposes of the maximum Federal cost under sec2 tion 1001(a)(2) of the Water Resources Reform 

3 and Development Act of 2014 (33 U.S.C. 

4 2282c(a)(2)). 

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

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

7 Secretary determines that a study or project is not in 

8 the Federal interest because the project will not result, 

9 or is unlikely to result, in a recommended plan that 

10 will produce national economic development benefits 

11 greater than cost, but may result in a technically 

12 sound and environmentally acceptable plan that is 

13 otherwise consistent with section 904 of the Water Re14 sources Development Act of 1986 (33 U.S.C. 2281), 

15 the Secretary shall issue a report to the non-Federal 

16 interest with recommendations on how the non-Fed17 eral interest might modify the proposal such that the 

18 project could be in the Federal interest and feasible.’’. 

19 SEC. 119. ECONOMICALLY DISADVANTAGED COMMUNITY 

20 FLOOD PROTECTION AND HURRICANE AND 

21 STORM DAMAGE REDUCTION STUDY PILOT 

22 PROGRAM. 

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

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

25 and implement a pilot program to evaluate opportunities 


kjohnson on DSK79L0C42PROD with BILLS
33 

•HR 7575 RH

1 to address the flood risk management and hurricane and 

2 storm damage risk reduction needs of economically dis3 advantaged communities. 

4 (b) PARTICIPATION IN PILOT PROGRAM.—In carrying 

5 out subsection (a), the Secretary shall— 

6 (1) publish a notice in the Federal Register that 

7 requests from non-Federal interests proposals for the 

8 potential feasibility study of a flood risk management 

9 project or hurricane and storm damage risk reduction 

10 project for an economically disadvantaged commu11 nity; 

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

13 such a project, provide technical assistance to such 

14 non-Federal interest in the formulation of a proposal 

15 for a potential feasibility study to be submitted to the 

16 Secretary under the pilot program; and 

17 (3) review such proposals and select 10 feasi18 bility studies for such projects to be carried out by the 

19 Secretary, in coordination with the non-Federal in20 terest, under this pilot program. 

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

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

23 whether— 

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

25 the county or counties (or county-equivalent entity or 


kjohnson on DSK79L0C42PROD with BILLS
34 

•HR 7575 RH

1 entities) in which the project is located is above the 

2 percentage of people living in poverty in the State, 

3 based on census bureau data; 

4 (2) the percentage of families with income above 

5 the poverty threshold but below the average household 

6 income in the county or counties (or county-equiva7 lent entity or entities) in which the project is located 

8 is above the percentage of the same for the State, 

9 based on census bureau data; 

10 (3) the percentage of the population that identi11 fies as belonging to a minority or indigenous group 

12 in the county or counties (or county-equivalent entity 

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

14 average percentage in the State, based on census bu15 reau data; and 

16 (4) the project is addressing flooding or hurri17 cane or storm damage effects that have a dispropor18 tionate impact on a rural community or a commu19 nity of color (as such term is defined in section 111 

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

21 (d) ADMINISTRATION.—Notwithstanding the require22 ments of section 105(a)(1)(A) of the Water Resources Devel23 opment Act of 1986 (33 U.S.C. 2215), the Federal share 

24 of the cost of a feasibility study carried out under the pilot 

25 program shall be 100 percent. 


kjohnson on DSK79L0C42PROD with BILLS
35 

•HR 7575 RH

1 (e) GEOGRAPHIC DIVERSITY.—When selecting feasi2 bility studies under subsection (b)(3), the Secretary shall 

3 consider the geographic diversity among proposed projects. 

4 (f) STUDY REQUIREMENTS.—Feasibility studies car5 ried out under this subsection shall, to the maximum extent 

6 practical, incorporate natural features or nature-based fea7 tures (as such terms are defined in section 1184 of the Water 

8 Resources Development Act of 2016 (33 U.S.C. 2289a)), or 

9 a combination of such features and nonstructural features, 

10 that avoid or reduce at least 50 percent of flood or storm 

11 damages in one or more of the alternatives included in the 

12 final alternatives evaluated. 

13 (g) NOTIFICATION.—The Secretary shall notify 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 of the selection of each 

17 feasibility study under the pilot program. 

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

19 report for a feasibility study selected to be carried out under 

20 this section, the Secretary shall transmit the report to Con21 gress for authorization, and shall include the report in the 

22 next annual report submitted under section 7001 of the 

23 Water Resources Reform and Development Act of 2014 (33 

24 U.S.C. 2282d). 


kjohnson on DSK79L0C42PROD with BILLS
36 

•HR 7575 RH

1 (i) SUNSET.—The authority to commence a feasibility 

2 study under this section shall terminate on the date that 

3 is 10 years after the date of enactment of this Act. 

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

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

6 submit to the Committee on Transportation and Infrastruc7 ture of the House of Representatives and the Committee on 

8 Environment and Public Works of the Senate, and make 

9 publicly available, a report detailing the results of the pilot 

10 program carried out under this section, including— 

11 (1) a description of proposals received from non12 Federal interests pursuant to subsection (b)(1); 

13 (2) a description of technical assistance provided 

14 to non-Federal interests under subsection (b)(2); and 

15 (3) a description of proposals selected under sub16 section (b)(3) and criteria used to select such pro17 posals. 

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

19 ‘‘State’’ means each of the several States, the District of Co20 lumbia, and each of the commonwealths, territories, and 

21 possessions of the United States. 

22 SEC. 120. PERMANENT MEASURES TO REDUCE EMERGENCY 

23 FLOOD FIGHTING NEEDS FOR COMMUNITIES 

24 SUBJECT TO REPETITIVE FLOODING. 

25 (a) DEFINITIONS.—In this section: 


kjohnson on DSK79L0C42PROD with BILLS
37 

•HR 7575 RH

1 (1) AFFECTED COMMUNITY.—The term ‘‘affected 

2 community’’ means a legally constituted public body 

3 (as that term is used in section 221(b) of the Flood 

4 Control Act of 1970 (42 U.S.C. 1962d–5b(b))— 

5 (A) with jurisdiction over an area that has 

6 been subject to flooding in two or more events in 

7 any 10-year period; and 

8 (B) that has received emergency flood-fight9 ing assistance, including construction of tem10 porary barriers by the Secretary, under section 

11 5 of the Act of August 18, 1941 (33 U.S.C. 701n) 

12 with respect to such flood events. 

13 (2) NATURAL FEATURE; NATURE-BASED FEA14 TURE.—The terms ‘‘natural feature’’ and ‘‘nature15 based feature’’ have the meanings given those terms in 

16 section 1184 of the Water Resources Development Act 

17 of 2016 (33 U.S.C. 2289a). 

18 (b) PROGRAM.— 

19 (1) IN GENERAL.—The Secretary is authorized to 

20 carry out a program to study, design, and construct 

21 water resources development projects through meas22 ures involving, among other things, strengthening, 

23 raising, extending, realigning, or otherwise modifying 

24 existing flood control works, designing new works, 

25 and incorporating natural features, nature-based feaVerDate Sep 11 2014 22:18 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6203 E:\BILLS\H7575.RH H7575

kjohnson on DSK79L0C42PROD with BILLS
38 

•HR 7575 RH

1 tures, or nonstructural features, as appropriate to 

2 provide flood and coastal storm risk management to 

3 affected communities. 

4 (2) CONSIDERATIONS.—In carrying out para5 graph (1), the Secretary shall, to the maximum extent 

6 practical, review and, where appropriate, incorporate 

7 natural features or nature-based features, or a com8 bination of such features and nonstructural features, 

9 that avoid or reduce at least 50 percent of flood or 

10 storm damages in one or more of the alternatives in11 cluded in the final alternatives evaluated. 

12 (3) CONSTRUCTION.— 

13 (A) IN GENERAL.—The Secretary may 

14 carry out a project described in paragraph (1) 

15 without further congressional authorization if— 

16 (i) the Secretary determines that the 

17 project— 

18 (I) is advisable to reduce the risk 

19 of flooding for an affected community; 

20 and 

21 (II) produces benefits that are in 

22 excess of the estimated costs; and 

23 (ii) the Federal share of the cost of the 

24 construction does not exceed $15,000,000. 


kjohnson on DSK79L0C42PROD with BILLS
39 

•HR 7575 RH

1 (B) SPECIFIC AUTHORIZATION.—If the Fed2 eral share of the cost of a project described in 

3 paragraph (1) exceeds $15,000,000, the Secretary 

4 shall submit the project recommendation to Con5 gress for authorization prior to construction, and 

6 shall include the project recommendation in the 

7 next annual report submitted under section 7001 

8 of the Water Resources Reform and Development 

9 Act of 2014. 

10 (C) FINANCING.— 

11 (i) CONTRIBUTIONS.—If, based on a 

12 study carried out pursuant to paragraph 

13 (1), the Secretary determines that a project 

14 described in paragraph (1) will not produce 

15 benefits greater than cost, the Secretary 

16 shall allow the affected community to pay, 

17 or provide contributions equal to, an 

18 amount sufficient to make the remaining 

19 costs of design and construction of the 

20 project equal to the estimated value of the 

21 benefits of the project. 

22 (ii) EFFECT ON NON-FEDERAL

23 SHARE.—Amounts provided by an affected 

24 community under clause (i) shall be in ad25 dition to any payments or contributions the 


kjohnson on DSK79L0C42PROD with BILLS
40 

•HR 7575 RH

1 affected community is required to provide 

2 toward the remaining costs of design and 

3 construction of the project under section 103 

4 of the Water Resources Development Act of 

5 1986 (33 U.S.C. 2213). 

6 (4) ABILITY TO PAY.— 

7 (A) IN GENERAL.—Any cost-sharing agree8 ment for a project entered into pursuant to this 

9 section shall be subject to the ability of the af10 fected community to pay. 

11 (B) DETERMINATION.—The ability of any 

12 affected community to pay shall be determined 

13 by the Secretary in accordance with procedures 

14 established by the Secretary. 

15 (C) EFFECT OF REDUCTION.—Any reduc16 tion in the non-Federal share of the cost of a 

17 project described in paragraph (1) as a result of 

18 a determination under this paragraph shall not 

19 be included in the Federal share for purposes of 

20 subparagraphs (A) and (B) of paragraph (3). 

21 SEC. 121. EMERGENCY RESPONSE TO NATURAL DISASTERS. 

22 (a) IN GENERAL.—Section 5 of the Act of August 18, 

23 1941 (33 U.S.C. 701n) is amended— 

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

25 following— 


kjohnson on DSK79L0C42PROD with BILLS
41 

•HR 7575 RH

1 ‘‘(5) FEASIBILITY STUDY.— 

2 ‘‘(A) DETERMINATION.—Not later than 180 

3 days after receiving, from a non-Federal sponsor 

4 of a project to repair or rehabilitate a flood con5 trol work described in paragraph (1), a request 

6 to initiate a feasibility study to further modify 

7 the relevant flood control work to provide for an 

8 increased level of protection, the Secretary shall 

9 provide to the non-Federal sponsor a written de10 cision on whether the Secretary has the authority 

11 under section 216 of the Flood Control Act of 

12 1970 (33 U.S.C. 549a) to undertake the requested 

13 feasibility study. 

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

15 determines under subparagraph (B) that the Sec16 retary does not have the authority to undertake 

17 the requested feasibility study, the Secretary 

18 shall include the request for a feasibility study in 

19 the annual report submitted under section 7001 

20 of the Water Resources Reform and Development 

21 Act of 2014.’’; 

22 (2) in subsection (c)— 

23 (A) in the subsection heading, by striking 

24 ‘‘LEVEE OWNERS MANUAL’’ and inserting ‘‘ELI25 GIBILITY’’; 


kjohnson on DSK79L0C42PROD with BILLS
42 

•HR 7575 RH

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 manual 

11 described in paragraph (1), or with any other 

12 eligibility requirement established by the Sec13 retary related to the maintenance and upkeep re14 sponsibilities of the non-Federal interest, the Sec15 retary shall consider the non-Federal interest to 

16 be eligible for repair and rehabilitation assist17 ance under this section if the non-Federal inter18 est— 

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 


kjohnson on DSK79L0C42PROD with BILLS
43 

•HR 7575 RH

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 or 

10 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 paragraph 

16 (2) shall terminate on the date that is 5 years 

17 after the date of enactment of this paragraph.’’; 

18 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 NATURE25 BASED FEATURE.—In this section, the terms ‘‘natural feaVerDate Sep 11 2014 22:18 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6203 E:\BILLS\H7575.RH H7575

kjohnson on DSK79L0C42PROD with BILLS
44 

•HR 7575 RH

1 ture’’ and ‘‘nature-based feature’’ have the meanings given 

2 those terms in section 1184(a) of the Water Resources Devel3 opment Act of 2016 (33 U.S.C. 2289a(a)). 

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

5 enactment of this Act, the Comptroller General of the United 

6 States shall conduct, and submit to the Committee on 

7 Transportation and Infrastructure of the House of Rep8 resentatives and the Committee on Environment and Public 

9 Works of the Senate, a report on the results of a study on 

10 the consideration by the Secretary of natural infrastructure, 

11 natural features, and nature-based features in the study of 

12 the feasibility of projects for flood risk management, hurri13 cane and storm damage risk reduction, and ecosystem res14 toration. 

15 (c) REQUIREMENTS.—The study under subsection (b) 

16 shall include— 

17 (1) a description of guidance or instructions 

18 issued, and other measures taken, by the Secretary to 

19 consider natural infrastructure, natural features, and 

20 nature-based features in project feasibility studies; 

21 (2) an assessment, based on information from 

22 relevant Federal and non-Federal sources, of— 

23 (A) the costs, benefits, and effects associated 

24 with natural infrastructure, natural features, 

25 and nature-based features recommended by the 


kjohnson on DSK79L0C42PROD with BILLS
45 

•HR 7575 RH

1 Secretary for flood risk management, hurricane 

2 and storm damage risk reduction, and ecosystem 

3 restoration; and 

4 (B) the effectiveness of natural infrastruc5 ture, natural features, and nature-based features; 

6 (3) an analysis of projects for flood risk manage7 ment, hurricane and storm damage risk reduction, 

8 and ecosystem restoration that have incorporated nat9 ural infrastructure, natural features, or nature-based 

10 features to identify best practices, including for meas11 uring project benefits and costs; 

12 (4) a description of any statutory, fiscal, regu13 latory, or other policy barriers to the appropriate 

14 consideration and use of a full array of natural in15 frastructure, natural features, and nature-based fea16 tures in carrying out feasibility studies and projects; 

17 and 

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

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

20 use of natural infrastructure, natural features, and 

21 nature-based features by the Corps of Engineers in 

22 carrying out feasibility studies and projects. 


kjohnson on DSK79L0C42PROD with BILLS
46 

•HR 7575 RH

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

2 Section 6002 of the Water Resources Reform and De3 velopment Act of 2014 (128 Stat. 1349) is amended to read 

4 as follows: 

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

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

7 assessment of projects constructed by the Secretary for 

8 which the Secretary continues to have financial or oper9 ational responsibility. 

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

11 date of enactment of the Water Resources Development Act 

12 of 2020, the Secretary shall, based on the assessment carried 

13 out under subsection (a), develop an inventory of projects 

14 or portions of projects— 

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

16 Corps of Engineers; 

17 ‘‘(2) the modification of which, including though 

18 the use of natural features or nature-based features 

19 (as those terms are defined in section 1184(a) of the 

20 Water Resources Development Act of 2016 (33 U.S.C. 

21 2289a(a)), could improve the sustainable operations 

22 of the project, or reduce operation and maintenance 

23 costs for the project; or 

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

25 adequately met by the Corps of Engineers, because of 

26 deferment of maintenance or other challenges, and the 


kjohnson on DSK79L0C42PROD with BILLS
47 

•HR 7575 RH

1 divestment of which to a non-Federal entity could bet2 ter meet the local and regional needs for operation 

3 and maintenance. 

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

5 subsection (a) and developing the inventory under sub6 section (b), the Secretary shall use the following criteria: 

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

8 the current missions of the Corps of Engineers. 

9 ‘‘(2) The economic and environmental impacts of 

10 the project on existing communities in the vicinity of 

11 the project. 

12 ‘‘(3) The extent to which the divestment or modi13 fication of the project could reduce operation and 

14 maintenance costs of the Corps of Engineers. 

15 ‘‘(4) The extent to which the divestment or modi16 fication of the project is in the public interest. 

17 ‘‘(5) The extent to which investment of addi18 tional Federal resources in the project proposed for 

19 divestment or modification, including investment 

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

21 is in the public interest. 

22 ‘‘(6) The extent to which the authorized purpose 

23 of the project is no longer being met. 

24 ‘‘(d) RECOMMENDATIONS OF NON-FEDERAL INTER25 ESTS.—A non-Federal interest for a project may recVerDate Sep 11 2014 22:18 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6203 E:\BILLS\H7575.RH H7575

kjohnson on DSK79L0C42PROD with BILLS
48 

•HR 7575 RH

1 ommend that the Secretary include such project in the as2 sessment or inventory required under this section. 

3 ‘‘(e) REPORT TO CONGRESS.— 

4 ‘‘(1) IN GENERAL.—Upon completion of the in5 ventory required by subsection (b), the Secretary shall 

6 submit to the Committee on Environment and Public 

7 Works of the Senate and the Committee on Transpor8 tation and Infrastructure of the House of Representa9 tives, and make publicly available, a report con10 taining the findings of the Secretary with respect to 

11 the assessment and inventory required under this sec12 tion. 

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

14 appendix any recommendation of a non-Federal in15 terest made with respect to a project under subsection 

16 (d) that the Secretary determines not to include in the 

17 inventory developed under subsection (b), based on the 

18 criteria in subsection (c), including information 

19 about the request and the reasons for the Secretary’s 

20 determination.’’. 

21 SEC. 124. SENSE OF CONGRESS ON MULTIPURPOSE 

22 PROJECTS. 

23 It is the sense of Congress that the Secretary, in coordi24 nation with non-Federal interests, should maximize the de25 velopment, evaluation, and recommendation of project alVerDate Sep 11 2014 22:18 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6203 E:\BILLS\H7575.RH H7575

kjohnson on DSK79L0C42PROD with BILLS
49 

•HR 7575 RH

1 ternatives for future water resources development projects 

2 that produce multiple project benefits, such as navigation, 

3 flood risk management, and ecosystem restoration benefits, 

4 including through the use of natural or nature-based fea5 tures and the beneficial reuse of dredged material. 

6 SEC. 125. BENEFICIAL REUSE OF DREDGED MATERIAL; 

7 DREDGED MATERIAL MANAGEMENT PLANS. 

8 (a) NATIONAL POLICY ON THE BENEFICIAL REUSE OF

9 DREDGED MATERIAL.— 

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

11 States for the Corps of Engineers to maximize the 

12 beneficial reuse, in an environmentally acceptable 

13 manner, of suitable dredged material obtained from 

14 the construction or operation and maintenance of 

15 water resources development projects. 

16 (2) PLACEMENT OF DREDGED MATERIALS.— 

17 (A) IN GENERAL.—In evaluating the place18 ment of dredged material obtained from the con19 struction or operation and maintenance of water 

20 resources development projects, the Secretary 

21 shall consider— 

22 (i) the suitability of the dredged mate23 rial for a full range of beneficial uses; and 

24 (ii) the economic and environmental 

25 benefits, efficiencies, and impacts (including 


kjohnson on DSK79L0C42PROD with BILLS
50 

•HR 7575 RH

1 the effects on living coral) of using the 

2 dredged material for beneficial uses, includ3 ing, in the case of beneficial reuse activities 

4 that involve more than one water resources 

5 development project, the benefits, effi6 ciencies, and impacts that result from the 

7 combined activities. 

8 (B) CALCULATION OF FEDERAL STAND9 ARD.—The economic benefits and efficiencies 

10 from the beneficial use of dredged material con11 sidered by the Secretary under subparagraph (A) 

12 shall be included in any determination relating 

13 to the ‘‘Federal standard’’ by the Secretary 

14 under section 335.7 of title 33, Code of Federal 

15 Regulations for the placement or disposal of such 

16 material. 

17 (b) BENEFICIAL USE OF DREDGED MATERIAL.— 

18 (1) PILOT PROGRAM PROJECTS.—Section 1122 of 

19 the Water Resources Development Act of 2016 (33 

20 U.S.C. 2326 note) is amended— 

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

22 and inserting ‘‘30’’; and 

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

24 inserting ‘‘30’’. 


kjohnson on DSK79L0C42PROD with BILLS
51 

•HR 7575 RH

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

2 Congress that the Secretary, in selecting projects for 

3 the beneficial reuse of dredged materials under section 

4 1122 of the Water Resources Development Act of 2016 

5 (33 U.S.C. 2326 note), should ensure the thorough 

6 evaluation of project submissions from rural, small, 

7 and economically disadvantaged communities. 

8 (c) FIVE-YEAR REGIONAL DREDGED MATERIAL MAN9 AGEMENT PLANS.— 

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

11 the date of enactment of this Act, and annually there12 after, the District Commander of each district of the 

13 Corps of Engineers that obtains dredged material 

14 through the construction or operation and mainte15 nance of a water resources development project shall, 

16 at Federal expense, develop and submit to the Sec17 retary a 5-year dredged material management plan 

18 in coordination with relevant State agencies and 

19 stakeholders. 

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

21 subsection shall include— 

22 (A) a dredged material budget for each wa23 tershed or littoral system within the district; 

24 (B) an estimate of the amount of dredged 

25 material likely to be obtained through the conVerDate Sep 11 2014 22:18 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6203 E:\BILLS\H7575.RH H7575

kjohnson on DSK79L0C42PROD with BILLS
52 

•HR 7575 RH

1 struction or operation and maintenance of all 

2 water resources development projects projected to 

3 be carried out within the district during the 5- 

4 year period following submission of the plan, 

5 and the estimated timing for obtaining such 

6 dredged material; 

7 (C) an identification of potential water re8 sources development projects projected to be car9 ried out within the district during such 5-year 

10 period that are suitable for, or that require, the 

11 placement of dredged material, and an estimate 

12 of the amount of dredged material placement ca13 pacity of such projects; 

14 (D) an evaluation of— 

15 (i) the suitability of the dredged mate16 rial for a full range of beneficial uses; and 

17 (ii) the economic and environmental 

18 benefits, efficiencies, and impacts (including 

19 the effects on living coral) of using the 

20 dredged material for beneficial uses, includ21 ing, in the case of beneficial reuse activities 

22 that involve more than one water resources 

23 development project, the benefits, effi24 ciencies, and impacts that result from the 

25 combined activities; and 


kjohnson on DSK79L0C42PROD with BILLS
53 

•HR 7575 RH

1 (E) the district-wide goals for beneficial 

2 reuse of the dredged material, including any ex3 pected cost savings from aligning and coordi4 nating multiple projects (including projects 

5 across Corps districts) in the reuse of the dredged 

6 material. 

7 (3) PUBLIC COMMENT.—In developing each plan 

8 under this subsection, each District Commander shall 

9 provide notice and an opportunity for public com10 ment. 

11 (4) PUBLIC AVAILABILITY.—Upon submission of 

12 each plan to the Secretary under this subsection, each 

13 District Commander shall make the plan publicly 

14 available, including on a publicly available website. 

15 (d) DREDGE PILOT PROGRAM.— 

16 (1) REVISIONS.—Section 1111 of the Water Re17 sources Development Act of 2018 (33 U.S.C. 2326 

18 note) is amended— 

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

20 operation and maintenance of harbors and in21 land harbors’’ and all that follows through the 

22 period at the end and inserting the following: 

23 ‘‘for the— 


kjohnson on DSK79L0C42PROD with BILLS
54 

•HR 7575 RH

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

2 section 210(a)(2) of the Water Resources Development 

3 Act of 1986 (33 U.S.C. 2238(a)(2)); or 

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

5 United States described in section 206 of the Inland 

6 Waterways Revenue Act of 1978 (33 U.S.C. 1804).’’; 

7 and 

8 (B) in subsection (b), by striking ‘‘or inland 

9 harbors’’ and inserting ‘‘, inland harbors, or in10 land or intracoastal waterways’’. 

11 (2) COORDINATION WITH EXISTING AUTHORI12 TIES.—The Secretary may carry out the dredge pilot 

13 program authorized by section 1111 of the Water Re14 sources Development Act of 2018 (33 U.S.C. 2326 

15 note) in coordination with Federal regional dredge 

16 demonstration programs in effect on the date of enact17 ment of this Act. 

18 SEC. 126. AQUATIC ECOSYSTEM RESTORATION FOR ANAD19 ROMOUS FISH. 

20 (a) ANADROMOUS FISH HABITAT AND PASSAGE.—Sec21 tion 206 of the Water Resources Development Act of 1996 

22 (33 U.S.C. 2330) is amended— 

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

24 following: 


kjohnson on DSK79L0C42PROD with BILLS
55 

•HR 7575 RH

1 ‘‘(3) ANADROMOUS FISH HABITAT AND PAS2 SAGE.— 

3 ‘‘(A) MEASURES.—A project under this sec4 tion may include measures to improve habitat or 

5 passage for anadromous fish, including— 

6 ‘‘(i) installing fish bypass structures on 

7 small water diversions; 

8 ‘‘(ii) modifying tide gates; and 

9 ‘‘(iii) restoring or reconnecting 

10 floodplains and wetlands that are impor11 tant for anadromous fish habitat or pas12 sage. 

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

14 measures under this paragraph shall be formu15 lated to maximize benefits for the anadromous 

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

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

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

19 projects that include measures described in subsection (a)(3) 

20 equal priority for implementation as other projects under 

21 this section.’’. 

22 SEC. 127. ANNUAL REPORT TO CONGRESS. 

23 Section 7001(c)(4)(B) of the Water Resources Reform 

24 and Development Act of 2014 (33 U.S.C. 2282d(c)(4)(B)) 

25 is amended— 


kjohnson on DSK79L0C42PROD with BILLS
56 

•HR 7575 RH

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

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

3 and 

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

5 ‘‘(ii) the Secretary shall not include 

6 proposals in the appendix of the annual re7 port that otherwise meet the criteria for in8 clusion in the annual report solely on the 

9 basis that the proposals are for the purposes 

10 of navigation, flood risk management, eco11 system restoration, or municipal or agricul12 tural water supply; and’’. 

13 SEC. 128. HARMFUL ALGAL BLOOM DEMONSTRATION PRO14 GRAM. 

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

16 demonstration program to determine the causes of, and im17 plement measures to effectively detect, prevent, treat, and 

18 eliminate, harmful algal blooms associated with water re19 sources development projects. 

20 (b) CONSULTATION; USE OF EXISTING DATA AND PRO21 GRAM AUTHORITIES.—In carrying out the demonstration 

22 program under subsection (a), the Secretary shall— 

23 (1) consult with the heads of appropriate Federal 

24 and State agencies; and 


kjohnson on DSK79L0C42PROD with BILLS
57 

•HR 7575 RH

1 (2) make maximum use of existing Federal and 

2 State data and ongoing programs and activities of 

3 Federal and State agencies, including the activities of 

4 the Secretary carried out through the Engineer Re5 search and Development Center pursuant to section 

6 1109 of the Water Resources Development Act of 2018 

7 (33 U.S.C. 610 note). 

8 (c) FOCUS AREAS.—In carrying out the demonstration 

9 program under subsection (a), the Secretary shall undertake 

10 program activities related to harmful algal blooms in the 

11 Great Lakes, the tidal and inland waters of the State of 

12 New Jersey, the coastal and tidal waters of the State of Lou13 isiana, the waterways of the counties that comprise the Sac14 ramento-San Joaquin Delta, California, and Lake Okee15 chobee, Florida. 

16 SEC. 129. UPDATE ON INVASIVE SPECIES POLICY GUID17 ANCE. 

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

19 update the Invasive Species Policy Guidance, developed 

20 under section 104 of the River and Harbor Act of 1958 (33 

21 U.S.C. 610) and the Nonindigenous Aquatic Nuisance Pre22 vention and Control Act of 1990 (16 U.S.C. 4701 et seq.), 

23 in accordance with the most recent National Invasive Spe24 cies Council Management Plan developed pursuant to Exec25 utive Order 13112. 


kjohnson on DSK79L0C42PROD with BILLS
58 

•HR 7575 RH

1 (b) INCLUSION.—The Secretary may include in the up2 dated guidance invasive species specific efforts at federally 

3 authorized water resources development projects located 

4 in— 

5 (1) high-altitude lakes; and 

6 (2) the Tennessee and Cumberland River basins. 

7 SEC. 130. REPORT ON DEBRIS REMOVAL. 

8 Section 1210 of the Water Resources Development Act 

9 of 2018 (132 Stat. 3808) is amended to read as follows: 

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

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

12 of the Water Resources Development Act of 2020, the Sec13 retary shall submit to Congress and make publicly available 

14 a report that describes— 

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

16 years prior to such date of enactment, the Secretary 

17 has carried out section 3 of the Act of March 2, 1945 

18 (33 U.S.C. 603a); 

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

20 work to be carried out under that section; and 

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

22 start, continue, or complete debris removal activities 

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


kjohnson on DSK79L0C42PROD with BILLS
59 

•HR 7575 RH

1 SEC. 131. MISSOURI RIVER INTERCEPTION-REARING COM2 PLEX CONSTRUCTION. 

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

4 enactment of this Act, and annually thereafter, the Sec5 retary shall submit to the Committee on Transportation 

6 and Infrastructure of the House of Representatives and the 

7 Committee on Environment and Public Works of the Senate 

8 a report on the effects of any interception-rearing complex 

9 constructed on the Missouri River on— 

10 (1) flood risk management and navigation; and 

11 (2) the population recovery of the pallid stur12 geon, including baseline population counts. 

13 (b) NO ADDITIONAL IRC CONSTRUCTION.—The Sec14 retary may not authorize construction of an interception15 rearing complex on the Missouri River until the Sec16 retary— 

17 (1) submits the report required by subsection (a); 

18 (2) acting through the Engineer Research and 

19 Development Center, conducts further research on 

20 interception-rearing complex design, including any 

21 effects on existing flows, flood risk management, and 

22 navigation; and 

23 (3) develops a plan— 

24 (A) to repair dikes and revetments that are 

25 affecting flood risk and bank erosion; and 


kjohnson on DSK79L0C42PROD with BILLS
60 

•HR 7575 RH

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

2 control structures at the headworks of constructed 

3 shallow water habitat side-channels. 

4 (c) FUTURE IRC CONSTRUCTION.— 

5 (1) PUBLIC COMMENT.—The Secretary shall pro6 vide an opportunity for comment from the public and 

7 the Governor of each affected State on any proposals 

8 to construct an interception-rearing complex after the 

9 date of enactment of this Act. 

10 (2) PERIOD.—The public comment period re11 quired by paragraph (1) shall be not less than 90 

12 days for each proposal to construct an interception13 rearing complex on the Missouri River. 

14 SEC. 132. COST AND BENEFIT FEASIBILITY ASSESSMENT. 

15 (a) IN GENERAL.—Section 5(a)(2)(B) of the Act of Au16 gust 18, 1941 (33 U.S.C. 701n(a)(2)(B)) is amended— 

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

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

19 (2) in clause (ii)— 

20 (A) in the heading, by inserting ‘‘AND CON21 TRIBUTIONS’’ after ‘‘OF PAYMENTS’’; 

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

23 ‘‘Non-Federal payments’’; and 

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

25 ‘‘non-Federal payments’’. 


kjohnson on DSK79L0C42PROD with BILLS
61 

•HR 7575 RH

1 (b) CONTINUED ELIGIBILITY.—Section 1161(b) of the 

2 Water Resources Development Act of 2018 (33 U.S.C. 701n 

3 note) is amended— 

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

5 (A) by striking the ‘‘three fiscal years pre6 ceding’’ and inserting ‘‘five fiscal years pre7 ceding’’; and 

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

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

10 year’’; 

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

12 contributions equal to,’’ before ‘‘an amount suffi13 cient’’; and 

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

15 following: 

16 ‘‘(2) the Secretary determines that the damage to 

17 the structure was not as a result of negligent oper18 ation or maintenance.’’. 

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

20 RESTORATION, OR REHABILITATION OF 

21 PROJECTS. 

22 (a) IN GENERAL.—In any area covered by an emer23 gency or major disaster declaration declared under the Rob24 ert T. Stafford Disaster Relief and Emergency Assistance 

25 Act (42 U.S.C. 5121 et seq.), the Secretary is authorized 


kjohnson on DSK79L0C42PROD with BILLS
62 

•HR 7575 RH

1 to accept and use materials, services, and funds, during the 

2 period the declaration is in effect, from a non-Federal inter3 est or private entity to repair, restore, or rehabilitate a fed4 erally authorized water resources development project, and 

5 to provide reimbursement to such non-Federal interest or 

6 private entity for such materials, services, and funds, in 

7 the Secretary’s sole discretion, and subject to the avail8 ability of appropriations, if the Secretary determines that 

9 reimbursement is in the public interest. 

10 (b) ADDITIONAL REQUIREMENT.—The Secretary may 

11 only reimburse for the use of materials or services accepted 

12 under this section if such materials or services meet the Sec13 retary’s specifications and comply with all applicable laws 

14 and regulations that would apply if such materials and 

15 services were acquired by the Secretary, including sections 

16 3141 through 3148 and 3701 through 3708 of title 40, 

17 United States Code, section 8302 of title 41, United States 

18 Code, and the National Environmental Policy Act of 1969. 

19 (c) AGREEMENTS.— 

20 (1) IN GENERAL.—Prior to the acceptance of ma21 terials, services, or funds under this section, the Sec22 retary and the non-Federal interest shall enter into 

23 an agreement that specifies— 

24 (A) the non-Federal interest shall hold and 

25 save the United States free from any and all 


kjohnson on DSK79L0C42PROD with BILLS
63 

•HR 7575 RH

1 damages that arise from use of materials or serv2 ices of the non-Federal interest, except for dam3 ages due to the fault or negligence of the United 

4 States or its contractors; 

5 (B) the non-Federal interest shall certify 

6 that the materials or services comply with all 

7 applicable laws and regulations under subsection 

8 (b); and 

9 (C) any other term or condition required by 

10 the Secretary. 

11 (2) EXCEPTION.—If an agreement under para12 graph (1) was not entered prior to materials or serv13 ices being contributed, a non-Federal interest shall 

14 enter into an agreement with the Secretary that— 

15 (A) specifies the value, as determined by the 

16 Secretary, of those materials or services contrib17 uted and eligible for reimbursement; and 

18 (B) ensures that the materials or services 

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

20 SEC. 134. LEVEE SAFETY. 

21 Section 9004 of the Water Resources Development Act 

22 of 2007 (33 U.S.C. 3303) is amended by adding at the end 

23 the following: 

24 ‘‘(d) IDENTIFICATION OF DEFICIENCIES.— 


kjohnson on DSK79L0C42PROD with BILLS
64 

•HR 7575 RH

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

2 an inventory established under subsection (b) or for 

3 which the Secretary has conducted a review under 

4 subsection (c), the Secretary shall— 

5 ‘‘(A) identify the specific engineering and 

6 maintenance deficiencies, if any; and 

7 ‘‘(B) describe the recommended remedies to 

8 correct each deficiency identified under subpara9 graph (A), and, if requested by owner of a non10 Federal levee, the associated costs of those rem11 edies. 

12 ‘‘(2) CONSULTATION.—In identifying deficiencies 

13 and describing remedies for a levee under paragraph 

14 (1), the Secretary shall consult with relevant non-Fed15 eral interests, including by providing an opportunity 

16 for comment by those non-Federal interests.’’. 

17 SEC. 135. NATIONAL DAM SAFETY PROGRAM. 

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

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

20 (1) in paragraph (4)— 

21 (A) in subparagraph (A)— 

22 (i) by striking clause (iii) and insert23 ing the following: 

24 ‘‘(iii) has an emergency action plan 

25 that— 


kjohnson on DSK79L0C42PROD with BILLS
65 

•HR 7575 RH

1 ‘‘(I) is approved by the relevant 

2 State dam safety agency; or 

3 ‘‘(II) is in conformance with 

4 State law and pending approval by the 

5 relevant State dam safety agency;’’; 

6 and 

7 (ii) by striking clause (iv) and insert8 ing the following: 

9 ‘‘(iv) fails to meet minimum dam safe10 ty standards of the State in which the dam 

11 is located, as determined by the State; and 

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

13 public, as determined by the Administrator, 

14 in consultation with the Board.’’; and 

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

16 ‘‘under a hydropower project with an authorized 

17 installed capacity of greater than 1.5 

18 megawatts’’ after ‘‘dam’’; and 

19 (2) in paragraph (10)— 

20 (A) in the heading, by striking ‘‘NON-FED21 ERAL SPONSOR’’ and inserting ‘‘ELIGIBLE SUB22 RECIPIENT’’; and 

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

24 sponsor’ ’’ and inserting ‘‘The term ‘eligible sub25 recipient’ ’’. 


kjohnson on DSK79L0C42PROD with BILLS
66 

•HR 7575 RH

1 (b) REHABILITATION OF HIGH HAZARD POTENTIAL

2 DAMS.— 

3 (1) ESTABLISHMENT OF PROGRAM.—Section 

4 8A(a) of the National Dam Safety Program Act (33 

5 U.S.C. 467f–2(a)) is amended by striking ‘‘to non6 Federal sponsors’’ and inserting ‘‘to States with dam 

7 safety programs’’. 

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

9 National Dam Safety Program Act (33 U.S.C. 467f– 

10 2(b)) is amended, in the matter preceding paragraph 

11 (1), by striking ‘‘for a project may be used for’’ and 

12 inserting ‘‘to a State may be used by the State to 

13 award grants to eligible subrecipients for’’. 

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

15 National Dam Safety Program Act (33 U.S.C. 467f– 

16 2(c)) is amended— 

17 (A) in paragraph (1)(A), by striking ‘‘non18 Federal sponsor’’ and inserting ‘‘State’’; and 

19 (B) in paragraph (2)— 

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

21 ‘‘an eligible high hazard potential dam to a 

22 non-Federal sponsor’’ and inserting ‘‘eligi23 ble high hazard potential dams to a State’’; 

24 (ii) in subparagraph (B)— 


kjohnson on DSK79L0C42PROD with BILLS
67 

•HR 7575 RH

1 (I) in the subparagraph heading, 

2 by striking ‘‘PROJECT GRANT’’ and in3 serting ‘‘GRANT’’; 

4 (II) by striking ‘‘project grant 

5 agreement with the non-Federal spon6 sor’’ and inserting ‘‘grant agreement 

7 with the State’’; and 

8 (III) by striking ‘‘project,’’ and 

9 inserting ‘‘projects for which the grant 

10 is awarded,’’; 

11 (iii) by amending subparagraph (C) to 

12 read as follows: 

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

14 grant agreement under subparagraph (B), the 

15 Administrator shall require that each eligible 

16 subrecipient to which the State awards a grant 

17 under this section provides an assurance, with 

18 respect to the dam to be rehabilitated by the eli19 gible subrecipient, that the dam owner will carry 

20 out a plan for maintenance of the dam during 

21 the expected life of the dam.’’; and 

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

23 ‘‘A grant provided under this section shall 

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

25 award a grant to an eligible subrecipient 


kjohnson on DSK79L0C42PROD with BILLS
68 

•HR 7575 RH

1 under this section that exceeds, for any 1 

2 dam,’’. 

3 (4) REQUIREMENTS.—Section 8A(d) of the Na4 tional Dam Safety Program Act (33 U.S.C. 467f– 

5 2(d)) is amended— 

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

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

8 (B) in paragraph (2)— 

9 (i) in the paragraph heading, by strik10 ing ‘‘NON-FEDERAL SPONSOR’’ and insert11 ing ‘‘ELIGIBLE SUBRECIPIENT’’; 

12 (ii) in the matter preceding subpara13 graph (A), by striking ‘‘the non-Federal 

14 sponsor shall’’ and inserting ‘‘an eligible 

15 subrecipient shall, with respect to the dam 

16 to be rehabilitated by the eligible sub17 recipient’’; 

18 (iii) in subparagraph (A), by striking 

19 ‘‘participate in, and comply with,’’ and in20 serting ‘‘demonstrate that the community in 

21 which the dam is located participates in, 

22 and complies with,’’; 

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

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

25 than 2 years after the date on which the AdVerDate Sep 11 2014 22:18 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6203 E:\BILLS\H7575.RH H7575

kjohnson on DSK79L0C42PROD with BILLS
69 

•HR 7575 RH

1 ministrator publishes criteria for hazard 

2 mitigation plans under paragraph (3), 

3 demonstrate that the Tribal or local govern4 ment with jurisdiction over the area in 

5 which the dam is located has’’; and 

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

7 ‘‘50-year period’’ and inserting ‘‘expected 

8 life of the dam’’; and 

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

10 ‘‘(3) HAZARD MITIGATION PLAN CRITERIA.—Not 

11 later than 1 year after the date of enactment of this 

12 paragraph, the Administrator, in consultation with 

13 the Board, shall publish criteria for hazard mitiga14 tion plans required under paragraph (2)(B).’’. 

15 (5) FLOODPLAIN MANAGEMENT PLANS.—Section 

16 8A(e) of the National Dam Safety Program Act (33 

17 U.S.C. 467f–2(e)) is amended— 

18 (A) in paragraph (1)— 

19 (i) in the matter preceding subpara20 graph (A), by striking ‘‘the non-Federal 

21 sponsor’’ and inserting ‘‘an eligible sub22 recipient’’; and 

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

24 ‘‘1 year’’ and inserting ‘‘2 years’’ each place 

25 it appears; and 


kjohnson on DSK79L0C42PROD with BILLS
70 

•HR 7575 RH

1 (B) by striking paragraph (3) and inserting 

2 the following: 

3 ‘‘(3) PLAN CRITERIA AND TECHNICAL SUP4 PORT.—The Administrator, in consultation with the 

5 Board, shall provide criteria, and may provide tech6 nical support, for the development and implementa7 tion of floodplain management plans prepared under 

8 this subsection.’’. 

9 (6) CONTRACTUAL REQUIREMENTS.—Section 

10 8A(i)(1) of the National Dam Safety Program Act 

11 (33 U.S.C. 467f–2(i)(1)) is amended by striking ‘‘a 

12 non-Federal sponsor’’ and inserting ‘‘an eligible sub13 recipient’’. 

14 SEC. 136. REHABILITATION OF CORPS OF ENGINEERS CON15 STRUCTED PUMP STATIONS. 

16 (a) DEFINITIONS.—In this section: 

17 (1) ELIGIBLE PUMP STATION.—The term ‘‘eligi18 ble pump station’’ means a pump station— 

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

20 Corps of Engineers for flood risk management 

21 purposes; 

22 (B) that the Secretary has identified as hav23 ing a major deficiency; and 

24 (C) the failure of which the Secretary has 

25 determined would impair the function of a flood 


kjohnson on DSK79L0C42PROD with BILLS
71 

•HR 7575 RH

1 risk management project constructed by the 

2 Corps of Engineers. 

3 (2) REHABILITATION.— 

4 (A) IN GENERAL.—The term ‘‘rehabilita5 tion’’, with respect to an eligible pump station, 

6 means to address a major deficiency of the eligi7 ble pump station caused by long-term degrada8 tion of the foundation, construction materials, or 

9 engineering systems or components of the eligible 

10 pump station. 

11 (B) INCLUSIONS.—The term ‘‘rehabilita12 tion’’, with respect to an eligible pump station, 

13 includes— 

14 (i) the incorporation into the eligible 

15 pump station of— 

16 (I) current design standards; 

17 (II) efficiency improvements; and 

18 (III) associated drainage; and 

19 (ii) increasing the capacity of the eligi20 ble pump station, subject to the condition 

21 that the increase shall— 

22 (I) significantly decrease the risk 

23 of loss of life and property damage; or 


kjohnson on DSK79L0C42PROD with BILLS
72 

•HR 7575 RH

1 (II) decrease total lifecycle reha2 bilitation costs for the eligible pump 

3 station. 

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

5 rehabilitation of an eligible pump station, if the Secretary 

6 determines that the rehabilitation is feasible. 

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

8 eligible pump station shall— 

9 (1) provide 35 percent of the cost of rehabilita10 tion of an eligible pump station carried out under 

11 this section; and 

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

13 and necessary relocations associated with the rehabili14 tation described in subparagraph (A), at no cost to 

15 the Federal Government. 

16 (d) AGREEMENT REQUIRED.—The rehabilitation of an 

17 eligible pump station pursuant to this section shall be initi18 ated only after a non-Federal interest has entered into a 

19 binding agreement with the Secretary— 

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

21 rehabilitation under subsection (c); and 

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

23 maintenance costs of the rehabilitated eligible pump 

24 station, in accordance with regulations promulgated 

25 by the Secretary. 


kjohnson on DSK79L0C42PROD with BILLS
73 

•HR 7575 RH

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

2 pump station pursuant to this section shall not be consid3 ered to be a separable element of the associated flood risk 

4 management project constructed by the Corps of Engineers. 

5 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated to carry out this section 

7 $60,000,000, to remain available until expended. 

8 SEC. 137. NON-FEDERAL PROJECT IMPLEMENTATION PILOT 

9 PROGRAM. 

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

11 Development Act of 2014 (33 U.S.C. 2201 note) is amend12 ed— 

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

14 is 5 years after the date of enactment of this Act’’ and 

15 inserting ‘‘September 30, 2026’’; 

16 (2) in paragraph (8), by striking ‘‘2023’’ and in17 serting ‘‘2026’’; and 

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

19 ‘‘(9) IMPLEMENTATION GUIDANCE.— 

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

21 days after the date of enactment of this para22 graph, the Secretary shall issue guidance for the 

23 implementation of the pilot program that, to the 

24 extent practicable, identifies— 


kjohnson on DSK79L0C42PROD with BILLS
74 

•HR 7575 RH

1 ‘‘(i) the metrics for measuring the suc2 cess of the pilot program; 

3 ‘‘(ii) a process for identifying future 

4 projects to participate in the pilot program; 

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

6 a non-Federal interest constructing projects 

7 under the pilot program, including which 

8 entity bears the risk for projects that fail to 

9 meet the Corps of Engineers standards for 

10 design or quality; 

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

12 non-Federal interest must follow in car13 rying out a project under the pilot program; 

14 and 

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

16 event that a project carried out under the 

17 pilot program fails to be carried out in ac18 cordance with the project authorization or 

19 this subsection. 

20 ‘‘(B) NEW PROJECT PARTNERSHIP AGREE21 MENTS.—The Secretary may not enter into a 

22 project partnership agreement under this sub23 section during the period beginning on the date 

24 of enactment of this paragraph and ending on 


kjohnson on DSK79L0C42PROD with BILLS
75 

•HR 7575 RH

1 the date on which the Secretary issues the guid2 ance under subparagraph (A).’’. 

3 SEC. 138. DEFINITION OF ECONOMICALLY DISADVANTAGED 

4 COMMUNITY. 

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

6 date of enactment of this Act, the Secretary shall issue guid7 ance defining the term ‘‘economically disadvantaged com8 munity’’ for the purposes of this Act and the amendments 

9 made by this Act. 

10 (b) CONSIDERATIONS.—In defining the term ‘‘economi11 cally disadvantaged community’’ under subsection (a), the 

12 Secretary shall, to the maximum extent practicable, utilize 

13 the criteria under paragraphs (1) or (2) of section 301(a) 

14 of the Public Works and Economic Development Act of 1965 

15 (42 U.S.C. 3161), to the extent that such criteria are appli16 cable in relation to the development of water resources devel17 opment projects. 

18 SEC. 139. COST SHARING PROVISIONS FOR TERRITORIES 

19 AND INDIAN TRIBES. 

20 Section 1156(b) of the Water Resources Development 

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

22 ‘‘inflation’’ and all that follows through the period at the 

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


kjohnson on DSK79L0C42PROD with BILLS
76 

•HR 7575 RH

1 SEC. 140. FLOOD CONTROL AND OTHER PURPOSES. 

2 Section 103(k) of the Water Resources Development Act 

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

4 (1) by striking ‘‘Except as’’ and inserting the fol5 lowing: 

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 non10 Federal interest, the Secretary and the non-Fed11 eral interest may renegotiate the terms and con12 ditions of an eligible deferred payment, includ13 ing— 

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 construc20 tion; 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. 


kjohnson on DSK79L0C42PROD with BILLS
77 

•HR 7575 RH

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 CONTRIBU13 TION.— 

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 the 

21 Secretary determines the remedy to be inte22 gral to the completion or performance of the 

23 covered project. 

24 ‘‘(ii) CREDIT OF COSTS.—If the non25 Federal interest incurs costs or in-kind conVerDate Sep 11 2014 22:18 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6203 E:\BILLS\H7575.RH H7575

kjohnson on DSK79L0C42PROD with BILLS
78 

•HR 7575 RH

1 tributions for a project to remedy a design 

2 or construction deficiency of a project or 

3 separable element which has a 100 percent 

4 Federal cost share, and the Secretary deter5 mines the remedy to be integral to the com6 pletion or performance of the project, the 

7 Secretary is authorized to credit such costs 

8 to any interest accrued on a deferred non9 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 contractual 

15 agreements between the Secretary and non-Federal interests 

16 and utilities associated with the construction of water re17 sources development projects. 

18 (b) REPORT.—Not later than 90 days after completing 

19 the review under subsection (a), the Secretary shall submit 

20 to the Committee on Transportation and Infrastructure of 

21 the House of Representatives and the Committee on Envi22 ronment and Public Works of the Senate, and make publicly 

23 available, a report that includes— 

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


kjohnson on DSK79L0C42PROD with BILLS
79 

•HR 7575 RH

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 develop8 ment 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 and 

13 delivered under such contracts shall be manufactured or fab14 ricated in whole or substantial part in the United States 

15 with steel produced or made in the United States, its terri16 tories, 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 Act 

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

22 the Committee on Transportation and Infrastructure of the 

23 House of Representatives and the Committee on Environ24 ment and Public Works a report that provides for an ac25 counting of all outstanding feasibility studies being conVerDate Sep 11 2014 22:18 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6203 E:\BILLS\H7575.RH H7575

kjohnson on DSK79L0C42PROD with BILLS
80 

•HR 7575 RH

1 ducted by the Secretary, including, for each such study, its 

2 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 con8 duct a feasibility study for the following projects for water 

9 resources development and conservation and other purposes, 

10 as identified in the reports titled ‘‘Report to Congress on 

11 Future Water Resources Development’’ submitted to Con12 gress pursuant to section 7001 of the Water Resources Re13 form and Development Act of 2014 (33 U.S.C. 2282d) or 

14 otherwise reviewed by Congress: 

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

16 Project for flood risk management, Tonto Creek, Gila 

17 River, Arizona. 

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

19 Project for ecosystem restoration, Sulphur River, Ar20 kansas and Texas. 

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

22 flood risk management, water supply, and related 

23 benefits, Cable Creek, California. 


kjohnson on DSK79L0C42PROD with BILLS
81 

•HR 7575 RH

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

2 shoreline stabilization, Del Mar Bluffs, San Diego 

3 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.—Project 

8 for ecosystem restoration, Rio Hondo Channel, San 

9 Gabriel River, California. 

10 (7) SOUTHERN CALIFORNIA, CALIFORNIA.— 

11 Project for coastal storm damage reduction, Southern 

12 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 flood 

21 risk management, Waimea River, Kauai, Hawaii. 

22 (11) CHICAGO AREA WATERWAYS SYSTEM, ILLI23 NOIS.—Project for ecosystem restoration, recreation, 

24 and other purposes, Illinois River, Chicago River, 

25 Calumet River, Grand Calumet River, Little Calumet 


kjohnson on DSK79L0C42PROD with BILLS
82 

•HR 7575 RH

1 River, and other waterways in the vicinity of Chi2 cago, Illinois. 

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

4 management, Fox River, Illinois. 

5 (13) LOWER MISSOURI RIVER, KANSAS.—Project 

6 for bank stabilization and navigation, Lower Mis7 souri River, Sioux City, Kansas. 

8 (14) TANGIPAHOA PARISH, LOUISIANA.—Project 

9 for flood risk management, Tangipahoa Parish, Lou10 isiana. 

11 (15) KENT NARROWS AND CHESTER RIVER, 

12 MARYLAND.—Project for navigation, Kent Narrows 

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

14 (16) BOSTON, MASSACHUSETTS.—Project for 

15 hurricane and storm damage risk reduction, Boston, 

16 Massachusetts, pursuant to the comprehensive study 

17 authorized under the Disaster Relief Appropriations 

18 Act, 2013 (Public Law 113–2). 

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

20 Project for flood risk management, ecosystem restora21 tion, and recreation, Lower St. Croix River, Min22 nesota. 

23 (18) ESCATAWPA RIVER BASIN, MISSISSIPPI.— 

24 Project for flood risk management and ecosystem resVerDate Sep 11 2014 22:18 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6203 E:\BILLS\H7575.RH H7575

kjohnson on DSK79L0C42PROD with BILLS
83 

•HR 7575 RH

1 toration, 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 man6 agement, Long Beach, Bay St. Louis and Mississippi 

7 Sound, Mississippi. 

8 (20) PASCAGOULA RIVER BASIN, MISSISSIPPI.— 

9 Project for comprehensive watershed study, 

10 Pascagoula, Mississippi. 

11 (21) TALLAHOMA AND TALLAHALA CREEKS, MIS12 SISSIPPI.—Project for flood risk management, Leaf 

13 River, Jones County, Mississippi. 

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

15 Project for ecosystem restoration, Lower Osage River 

16 Basin, Missouri. 

17 (23) UPPER BASIN AND STONY BROOK (GREEN

18 BROOK SUB-BASIN), RARITAN RIVER BASIN, NEW JER19 SEY.—Reevaluation of the Upper Basin and Stony 

20 Brook portions of the project for flood control, Green 

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

22 authorized by section 401 of the Water Resources De23 velopment Act of 1986 (100 Stat. 4119), including the 

24 evaluation of nonstructural measures to achieve the 

25 project purpose. 


kjohnson on DSK79L0C42PROD with BILLS
84 

•HR 7575 RH

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.—Project 

5 for hurricane and storm damage risk reduction, flood 

6 risk management, navigation, and ecosystem restora7 tion, 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 for 

12 navigation, Goldsmith Inlet, New York. 

13 (28) TUSCARAWAS RIVER BASIN, OHIO.—Project 

14 for comprehensive watershed study, Tuscarawas River 

15 Basin, Ohio. 

16 (29) LOWER COLUMBIA RIVER BASIN (TURNING

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

19 Columbia River Channel, Oregon and Washington, 

20 authorized by section 101(b)(13) of the Water Re21 sources Development Act of 1999 (113 Stat. 280). 

22 (30) WILLIAMSPORT, PENNSYLVANIA.—Project 

23 for flood risk management and levee rehabilitation, 

24 greater Williamsport, Pennsylvania. 


kjohnson on DSK79L0C42PROD with BILLS
85 

•HR 7575 RH

1 (31) CITY OF CHARLESTON, SOUTH CAROLINA.— 

2 Project for tidal- and inland-related flood risk man3 agement, 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, Tennessee. 

8 (33) SABINE PASS TO GALVESTON BAY, TEXAS.— 

9 Modification of the project for hurricane and storm 

10 damage risk reduction, Port Arthur and Orange 

11 County, Texas, authorized by section 203 of the Flood 

12 Control Act of 1962 (76 Stat. 1184), and authorized 

13 as a separable element of the project for Sabine Pass 

14 to Galveston Bay, authorized by item 3 of section 

15 1401(3) of the Water Resources Development Act of 

16 2018 (132 Stat. 3838), to reduce the risk of flooding 

17 through the construction of improvements to interior 

18 drainage. 

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

20 flood risk management, Port of Victoria, Texas. 

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

22 Project for comprehensive watershed study, Lower Fox 

23 River Basin, Wisconsin. 

24 (36) UPPER FOX RIVER AND WOLF RIVER, WIS25 CONSIN.—Project for flood risk management and ecoVerDate Sep 11 2014 22:18 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6203 E:\BILLS\H7575.RH H7575

kjohnson on DSK79L0C42PROD with BILLS
86 

•HR 7575 RH

1 system restoration, Upper Fox River and Wolf River, 

2 Wisconsin. 

3 (b) SPECIAL RULE.—The Secretary shall consider any 

4 study carried out by the Secretary to formulate the modi5 fications to the project for hurricane and storm damage risk 

6 reduction, Port Arthur and Orange County, Texas, identi7 fied in subsection (a)(33) to be a continuation of the study 

8 carried out for Sabine Pass to Galveston Bay, Texas, au9 thorized by a resolution of the Committee on Environment 

10 and Public Works of the Senate, approved June 23, 2004, 

11 and funded by title IV of division B of the Bipartisan 

12 Budget Act of 2018, under the heading ‘‘Corps of Engi13 neers—Civil—Department of the Army—Construction’’ 

14 (Public Law 115–123; 132 Stat. 76). 

15 SEC. 202. EXPEDITED COMPLETIONS. 

16 (a) FEASIBILITY REPORTS.—The Secretary shall expe17 dite the completion of a feasibility study for each of the 

18 following projects, and if the Secretary determines that the 

19 project is justified in a completed report, may proceed di20 rectly to preconstruction planning, engineering, and design 

21 of the project: 

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

23 Alaska. 

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

25 Harbor, American Samoa. 


kjohnson on DSK79L0C42PROD with BILLS
87 

•HR 7575 RH

1 (3) Project for shoreline stabilization, Tutuila Is2 land, American Samoa. 

3 (4) Project for flood risk management, Lower 

4 Santa Cruz River, Arizona. 

5 (5) Project for flood control, water conservation, 

6 and related purposes, Coyote Valley Dam, California. 

7 (6) Project for flood damage reduction and eco8 system restoration, Del Rosa Channel, city of San 

9 Bernardino, California. 

10 (7) Project for flood risk management, Lower 

11 Cache Creek, California. 

12 (8) Project for flood damage reduction and eco13 system restoration, Mission-Zanja Channel, cities of 

14 San Bernardino and Redlands, California. 

15 (9) Project for shoreline protection, Oceanside, 

16 California, authorized pursuant to section 414 of the 

17 Water Resources Development Act of 2000 (114 Stat. 

18 2636; 121 Stat. 1176). 

19 (10) Project for flood risk management, Prado 

20 Basin, California. 

21 (11) Project to modify the project for navigation, 

22 San Francisco Bay to Stockton, California. 

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

24 California, portion of the project for flood control, 

25 Santa Ana River Mainstem, California, authorized 


kjohnson on DSK79L0C42PROD with BILLS
88 

•HR 7575 RH

1 by section 401(a) of the Water Resources Development 

2 Act of 1986 (100 Stat. 4113; 101 Stat. 1329–111; 104 

3 Stat. 4611; 110 Stat. 3713; 121 Stat. 1115), to in4 clude water conservation as an authorized purpose. 

5 (13) Project to modify the project for navigation, 

6 Delaware River Mainstem and Channel Deepening, 

7 Delaware, New Jersey, and Pennsylvania, authorized 

8 by section 101(6) of the Water Resources Development 

9 Act of 1992 (106 Stat. 4802; 113 Stat. 300; 114 Stat. 

10 2602), to include the construction of a turning basin 

11 located near the Packer Avenue Marine Terminal. 

12 (14) Project for ecosystem restoration, Central 

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

14 South Dade County, Florida. 

15 (15) Project for comprehensive hurricane and 

16 storm damage risk reduction and shoreline erosion 

17 protection, Chicago, Illinois, authorized by section 

18 101(a)(12) of the Water Resources Development Act of 

19 1996 (110 Stat. 3664; 113 Stat. 302). 

20 (16) Project for flood risk management, Wheaton, 

21 DuPage County, Illinois. 

22 (17) Project for flood damage reduction, eco23 system restoration, and recreation, Blue River Basin, 

24 Kansas City, Kansas, carried out pursuant to the res25 olution of the Committee on Transportation and InVerDate Sep 11 2014 22:18 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6203 E:\BILLS\H7575.RH H7575

kjohnson on DSK79L0C42PROD with BILLS
89 

•HR 7575 RH

1 frastructure of the House of Representatives adopted 

2 on September 24, 2008 (docket number 2803). 

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

4 Tributaries east of the Mississippi River, Louisiana. 

5 (19) Project for coastal storm risk management, 

6 Upper Barataria Basin, Louisiana. 

7 (20) Project to replace the Bourne and Sagamore 

8 Bridges, Cape Cod, Massachusetts. 

9 (21) Project to deepen the project for navigation, 

10 Gulfport Harbor, Mississippi, authorized by section 

11 202(a) of the Water Resources Development Act of 

12 1986 (100 Stat. 4094). 

13 (22) Project for flood risk management, Rahway 

14 River Basin, New Jersey. 

15 (23) Project for hurricane and storm damage 

16 risk reduction, Raritan Bay and Sandy Hook Bay, 

17 Highlands, New Jersey. 

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

19 Jersey. 

20 (25) Project for flood risk management, Rondout 

21 Creek-Wallkill River Watershed, New York, carried 

22 out pursuant to the resolution of the Committee on 

23 Transportation and Infrastructure of the House of 

24 Representatives adopted on May 2, 2007 (docket num25 ber 2776). 


kjohnson on DSK79L0C42PROD with BILLS
90 

•HR 7575 RH

1 (26) Project for ecosystem restoration and hurri2 cane and storm damage risk reduction, Spring Creek 

3 South (Howard Beach), Queens, New York. 

4 (27) Project to resolve increased silting and 

5 shoaling adjacent to the Federal channel, Port of 

6 Bandon, Coquille River, Oregon. 

7 (28) Project for flood control, 42nd Street Levee, 

8 Springfield, Oregon, being carried out under section 

9 205 of the Flood Control Act of 1948 (33 U.S.C. 

10 701s). 

11 (29) Project for ecosystem restoration, Hood 

12 River at the confluence with the Columbia River, Or13 egon. 

14 (30) Project for flood risk management, Rio 

15 Culebrinas, Puerto Rico. 

16 (31) Project for flood risk management, Rio 

17 Grande de Manati, Puerto Rico. 

18 (32) Project for flood risk management, Rio 

19 Guayanilla, Puerto Rico. 

20 (33) Project for flood risk management, Dor21 chester County, South Carolina. 

22 (34) Project for navigation, Georgetown Harbor, 

23 South Carolina. 

24 (35) Project for hurricane and storm damage 

25 risk reduction, Myrtle Beach, South Carolina. 


kjohnson on DSK79L0C42PROD with BILLS
91 

•HR 7575 RH

1 (36) Project to modify the projects for navigation 

2 and other purposes, Old Hickory Lock and Dam and 

3 the Cordell Hull Dam and Reservoir, Cumberland 

4 River, Tennessee, authorized by the Act of July 24, 

5 1946 (chapter 595, 60 Stat. 636), to add flood risk 

6 management as an authorized purpose. 

7 (37) Project for flood risk management, eco8 system restoration, water supply, and related pur9 poses, Lower Rio Grande River, Cameron County, 

10 Texas, carried out pursuant to the resolution of the 

11 Committee on Transportation and Infrastructure of 

12 the House of Representatives adopted on May 21, 

13 2003 (docket number 2710). 

14 (38) Project for hurricane and storm damage 

15 risk reduction and shoreline erosion protection, 

16 Bolongo Bay, St. Thomas, United States Virgin Is17 lands. 

18 (39) Project for flood risk management, Savan 

19 Gut Phase II, St. Thomas, United States Virgin Is20 lands. 

21 (40) Project for flood risk management, Turpen22 tine Run, St. Thomas, United States Virgin Islands. 

23 (41) Project for navigation, North Landing 

24 Bridge, Atlantic Intracoastal Waterway, Virginia. 


kjohnson on DSK79L0C42PROD with BILLS
92 

•HR 7575 RH

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

2 Secretary shall expedite completion of a post-authorization 

3 change report for the following projects: 

4 (1) Project for ecosystem restoration, Tres Rios, 

5 Arizona. 

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

7 River, California. 

8 (3) Project for ecosystem restoration, Central and 

9 Southern Florida Project Canal 111 (C–111), South 

10 Dade County, Florida. 

11 (4) Project for ecosystem restoration, Comprehen12 sive Everglades Restoration Plan, Caloosahatchee 

13 River C–43, West Basin Storage Reservoir, Florida. 

14 (5) Project for flood risk management, Des 

15 Moines Levee System, including Birdland Park Levee, 

16 Des Moines and Raccoon Rivers, Des Moines, Iowa. 

17 (c) WATERSHED AND RIVER BASIN ASSESSMENTS.— 

18 The Secretary shall expedite the completion of an assess19 ment under section 729 of the Water Resources Development 

20 Act of 1986 (33 U.S.C. 2267a), for the following: 

21 (1) Kansas River Basin, Kansas. 

22 (2) Merrimack River Basin, Massachusetts. 

23 (d) DISPOSITION STUDY.—The Secretary shall expe24 dite the completion of a disposition study, carried out under 

25 section 216 of the Flood Control Act of 1970 (33 U.S.C. 


kjohnson on DSK79L0C42PROD with BILLS
93 

•HR 7575 RH

1 549a), for the project for Salinas Reservoir (Santa Mar2 garita Lake), California. 

3 SEC. 203. FEASIBILITY STUDY MODIFICATIONS. 

4 (a) SAN FRANCISCO BAY, CALIFORNIA.—Section 142 

5 of the Water Resources Development Act of 1976 (90 Stat. 

6 2930) is amended— 

7 (1) by inserting ‘‘, and along the ocean shoreline 

8 of San Mateo, San Francisco, and Marin Counties,’’ 

9 after ‘‘Sacramento and San Joaquin Rivers’’; 

10 (2) by inserting ‘‘and, with respect to the bay 

11 and ocean shorelines of San Mateo, San Francisco, 

12 and Marin Counties, the feasibility of and the Federal 

13 interest in providing measures to adapt to rising sea 

14 levels’’ after ‘‘tidal and fluvial flooding’’; 

15 (3) by striking ‘‘investigation’’ and inserting in 

16 its place ‘‘investigations’’; and 

17 (4) by inserting after ‘‘San Francisco Bay re18 gion’’ the following: ‘‘and, with respect to the bay and 

19 ocean shorelines and streams running to the bay and 

20 ocean shorelines of San Mateo, San Francisco, and 

21 Marin Counties, the effects of proposed measures or 

22 improvements on the local economy; habitat restora23 tion, enhancement, or expansion efforts or opportuni24 ties; public infrastructure protection and improve25 ment; stormwater runoff capacity and control measVerDate Sep 11 2014 22:18 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6203 E:\BILLS\H7575.RH H7575

kjohnson on DSK79L0C42PROD with BILLS
94 

•HR 7575 RH

1 ures, including those that may mitigate flooding; ero2 sion of beaches and coasts; and any other measures or 

3 improvements relevant to adapting to rising sea lev4 els’’. 

5 (b) SACRAMENTO RIVER, SOUTHERN SUTTER COUNTY, 

6 CALIFORNIA.—The study for flood control and allied pur7 poses for the Sacramento River Basin, authorized by section 

8 209 of the Flood Control Act of 1962 (76 Stat. 1197), is 

9 modified to authorize the Secretary to conduct a study for 

10 flood risk management, southern Sutter County between the 

11 Sacramento River and Sutter Bypass, California. 

12 (c) SALTON SEA, CALIFORNIA.—In carrying out the 

13 program to implement projects to restore the Salton Sea, 

14 California, authorized by section 3032 of the Water Re15 sources Development Act of 2007 (121 Stat. 1113; 130 Stat. 

16 1677), the Secretary is authorized to carry out a study for 

17 the construction of a perimeter lake, or a northern or south18 ern subset thereof, for the Salton Sea, California. 

19 (d) NEW YORK AND NEW JERSEY HARBOR AND TRIB20 UTARIES, NEW YORK AND NEW JERSEY.—The study for 

21 flood and storm damage reduction for the New York and 

22 New Jersey Harbor and Tributaries project, authorized by 

23 the Act of June 15, 1955 (chapter 140, 69 Stat. 132), and 

24 being carried out pursuant to the Disaster Relief ApproVerDate Sep 11 2014 22:18 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6203 E:\BILLS\H7575.RH H7575

kjohnson on DSK79L0C42PROD with BILLS
95 

•HR 7575 RH

1 priations Act, 2013 (Public Law 113–2), is modified to re2 quire the Secretary to— 

3 (1) evaluate and address the impacts of low-fre4 quency precipitation and sea-level rise on the study 

5 area; 

6 (2) consult with affected communities; and 

7 (3) ensure the study is carried out in accordance 

8 with section 1001 of the Water Resources Reform and 

9 Development Act of 2014 (33 U.S.C. 2282c). 

10 SEC. 204. SELMA, ALABAMA. 

11 Not later than 180 days after the date of enactment 

12 of this Act, the Secretary shall submit to the Committee on 

13 Transportation and Infrastructure of the House of Rep14 resentatives and the Committee on Environment and Public 

15 Works of the Senate a report that— 

16 (1) provides an update on the study for flood 

17 risk management and riverbank stabilization, Selma, 

18 Alabama, authorized by resolutions of the Committees 

19 on Public Works and Rivers and Harbors of the 

20 House of Representatives on June 7, 1961, and April 

21 28, 1936, respectively, the completion of which the 

22 Secretary was required to expedite by section 1203 of 

23 the Water Resources Development Act of 2018 (132 

24 Stat. 3803); and 

25 (2) identifies project alternatives necessary to— 


kjohnson on DSK79L0C42PROD with BILLS
96 

•HR 7575 RH

1 (A) assure the preservation of cultural and 

2 historic values associated with national historic 

3 landmarks within the study area; and 

4 (B) provide flood risk management for eco5 nomically disadvantaged communities within the 

6 study area. 

7 SEC. 205. COMPREHENSIVE STUDY OF THE SACRAMENTO 

8 RIVER, YOLO BYPASS, CALIFORNIA. 

9 (a) COMPREHENSIVE STUDY.—The Secretary shall 

10 conduct a comprehensive study of the Sacramento River in 

11 the vicinity of the Yolo Bypass System, California, to iden12 tify actions to be undertaken by the Secretary for the com13 prehensive management of the Yolo Bypass System for the 

14 purposes of flood risk management, ecosystem restoration, 

15 water supply, hydropower, and recreation. 

16 (b) CONSULTATION AND USE OF EXISTING DATA.— 

17 (1) CONSULTATION.—In conducting the com18 prehensive study under subsection (a), the Secretary 

19 shall consult with the Governor of the State of Cali20 fornia, applicable Federal, State, and local agencies, 

21 non-Federal interests, the Yolo Bypass and Cache 

22 Slough Partnership, and other stakeholders. 

23 (2) USE OF EXISTING DATA AND PRIOR STUD24 IES.—To the maximum extent practicable and where 

25 appropriate, the Secretary may— 


kjohnson on DSK79L0C42PROD with BILLS
97 

•HR 7575 RH

1 (A) make use of existing data provided to 

2 the Secretary by the entities identified in para3 graph (1); and 

4 (B) incorporate— 

5 (i) relevant information from prior 

6 studies and projects carried out by the Sec7 retary within the study area; and 

8 (ii) the latest technical data and sci9 entific approaches to changing hydrologic 

10 and climatic conditions. 

11 (c) RECOMMENDATIONS.— 

12 (1) IN GENERAL.—In conducting the comprehen13 sive study under subsection (a), the Secretary may de14 velop a recommendation to Congress for— 

15 (A) the construction of a water resources de16 velopment project; 

17 (B) the structural or operational modifica18 tion of an existing water resources development 

19 project; 

20 (C) additional monitoring of, or adaptive 

21 management measures to carry out with respect 

22 to, existing water resources development projects, 

23 to respond to changing hydrologic and climatic 

24 conditions; or 


kjohnson on DSK79L0C42PROD with BILLS
98 

•HR 7575 RH

1 (D) geographic areas within the Yolo By2 pass 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 be 

7 a continuation of the comprehensive study authorized 

8 under subsection (a). 

9 (d) COMPLETION OF STUDY; REPORT TO CONGRESS.— 

10 Not later than 3 years after the date of enactment of this 

11 section, the Secretary shall submit to the Committee on 

12 Transportation and Infrastructure of the House of Rep13 resentatives and the Committee on Environment and Public 

14 Works of the Senate a report detailing— 

15 (1) the results of the comprehensive study con16 ducted under subsection (a), including any rec17 ommendations developed under subsection (c); 

18 (2) any additional, site-specific areas within the 

19 Yolo Bypass System where additional study for flood 

20 risk management or ecosystem restoration projects is 

21 recommended by the Secretary; and 

22 (3) any interim actions relating to existing 

23 water resources development projects undertaken by 

24 the Secretary during the study period. 

25 (e) DEFINITIONS.—In this section: 


kjohnson on DSK79L0C42PROD with BILLS
99 

•HR 7575 RH

1 (1) YOLO BYPASS SYSTEM.—The term ‘‘Yolo By2 pass System’’ means the system of weirs, levees, by3 pass structures, and other water resources develop4 ment projects in California’s Sacramento River Val5 ley, extending from the Fremont Weir near Woodland, 

6 California, to the Sacramento River near Rio Vista, 

7 California, authorized pursuant to section 2 of the 

8 Act of March 1, 1917 (chapter 144; 39 Stat. 949). 

9 (2) YOLO BYPASS AND CACHE CLOUGH PARTNER10 SHIP.—The term ‘‘Yolo Bypass and Cache Slough 

11 Partnership’’ means the group of parties to the Yolo 

12 Bypass and Cache Slough Memorandum of Under13 standing, effective May 2016, regarding collaboration 

14 and cooperation in the Yolo Bypass and Cache Slough 

15 region. 

16 SEC. 206. LAKE OKEECHOBEE REGULATION SCHEDULE, 

17 FLORIDA. 

18 (a) IN GENERAL.—In carrying out the review of the 

19 Lake Okeechobee regulation schedule pursuant to section 

20 1106 of the Water Resources Development Act of 2018 (132 

21 Stat. 3773), the Secretary shall— 

22 (1) evaluate the implications of prohibiting re23 leases from Lake Okeechobee through the S–308 and 

24 S–80 lock and dam structures on the operation of the 

25 lake in accordance with authorized purposes and seek 


kjohnson on DSK79L0C42PROD with BILLS
100 

•HR 7575 RH

1 to minimize unnecessary releases to coastal estuaries; 

2 and 

3 (2) to the maximum extent practicable, coordi4 nate with the ongoing efforts of Federal and State 

5 agencies responsible for monitoring, forecasting, and 

6 notification of cyanobacteria levels in Lake Okee7 chobee. 

8 (b) MONTHLY REPORT.—Each month, the Secretary 

9 shall make public a report, which may be based on the 

10 Water Management Daily Operational Reports, disclosing 

11 the volumes of water deliveries to or discharges from Lake 

12 Okeechobee & Vicinity, Water Conservation Area I, Water 

13 Conservation Area II, Water Conservation Area III, East 

14 Coast Canals, and the South Dade Conveyance. Such report 

15 shall be aggregated and reported in a format designed for 

16 the general public, using maps or other widely understood 

17 communication tools. 

18 (c) EFFECT.—In carrying out the evaluation under 

19 subsection (a)(1), nothing shall be construed to authorize 

20 any new purpose for the management of Lake Okeechobee 

21 or authorize the Secretary to affect any existing authorized 

22 purpose, including flood protection and management of 

23 Lake Okeechobee to provide water supply for all authorized 

24 users. 


kjohnson on DSK79L0C42PROD with BILLS
101 

•HR 7575 RH

1 SEC. 207. GREAT LAKES COASTAL RESILIENCY STUDY. 

2 (a) IN GENERAL.—In carrying out the comprehensive 

3 assessment of water resources needs for the Great Lakes Sys4 tem under section 729 of the Water Resources Development 

5 Act of 1986 (33 U.S.C. 2267a), as required by section 1219 

6 of the Water Resources Development Act of 2018 (132 Stat. 

7 3811), the Secretary shall— 

8 (1) taking into account recent high lake levels 

9 within the Great Lakes, assess and make rec10 ommendations to Congress on— 

11 (A) coastal storm and flood risk manage12 ment measures, including measures that use nat13 ural features and nature-based features, as those 

14 terms are defined in section 1184 of the Water 

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

16 2289a); 

17 (B) operation and maintenance of the Great 

18 Lakes Navigation System, as such term is de19 fined in section 210 of the Water Resources De20 velopment Act of 1986 (33 U.S.C. 2238); 

21 (C) ecosystem protection and restoration; 

22 (D) the prevention and control of invasive 

23 species and the effects of invasive species; and 

24 (E) recreation associated with water re25 sources development projects; 


kjohnson on DSK79L0C42PROD with BILLS
102 

•HR 7575 RH

1 (2) prioritize actions necessary to protect critical 

2 public infrastructure, communities, and critical nat3 ural 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), the 

12 Secretary may make a recommendation to Congress 

13 for— 

14 (A) the construction of a water resources de15 velopment 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 develop22 ment projects, to respond to changing hydrologic 

23 and climatic conditions; or 


kjohnson on DSK79L0C42PROD with BILLS
103 

•HR 7575 RH

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 be 

7 a continuation of the comprehensive assessment de8 scribed 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 of 

16 this Act, the Secretary shall submit to the Committee on 

17 Transportation and Infrastructure of the House of Rep18 resentatives and the Committee on Environment and Public 

19 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 Con22 trol Act of 1954 (68 Stat. 1262; 121 Stat. 1124), in23 cluding the existing allocation for municipal water 

24 supply; 


kjohnson on DSK79L0C42PROD with BILLS
104 

•HR 7575 RH

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 residential 

5 users of such future allocations, at projected future 

6 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 of 

10 this Act, the Coastal Louisiana Ecosystem Protection and 

11 Restoration Task Force established by section 7004 of Water 

12 Resources Development Act of 2007 (121 Stat. 1272) shall 

13 submit to Congress a report that summarizes the activities 

14 and recommendations of the task force, including— 

15 (1) policies, strategies, plans, programs, projects, 

16 and activities undertaken for addressing conservation, 

17 protection, restoration, and maintenance of the coast18 al Louisiana ecosystem; and 

19 (2) financial participation by each agency rep20 resented on the Task Force in conserving, protecting, 

21 restoring, and maintaining the coastal Louisiana eco22 system. 

23 SEC. 210. LOWER MISSISSIPPI RIVER COMPREHENSIVE 

24 STUDY. 

25 (a) COMPREHENSIVE STUDY.— 


kjohnson on DSK79L0C42PROD with BILLS
105 

•HR 7575 RH

1 (1) IN GENERAL.—The Secretary shall conduct a 

2 comprehensive study of the Lower Mississippi River 

3 basin, from Cape Girardeau, Missouri, to the Gulf of 

4 Mexico, to identify actions to be undertaken by the 

5 Secretary for the comprehensive management of the 

6 basin for the purposes of flood risk management, 

7 navigation, ecosystem restoration, water supply, hy8 dropower, and recreation. 

9 (2) FOCUS AREAS.—In conducting the com10 prehensive study under paragraph (1), the Secretary 

11 shall investigate projects, including— 

12 (A) projects proposed in the comprehensive 

13 coastal protection master plan entitled ‘‘Lou14 isiana Comprehensive Master Plan for a Sus15 tainable Coast’’ prepared by the State of Lou16 isiana and accepted by the Louisiana Coastal 

17 Protection and Restoration Authority (including 

18 any subsequent amendments or revisions), in19 cluding— 

20 (i) Ama sediment diversion; 

21 (ii) Union freshwater diversion; 

22 (iii) increase Atchafalaya flow to 

23 Terrebonne; and 

24 (iv) Manchac Landbridge diversion; 

25 and 


kjohnson on DSK79L0C42PROD with BILLS
106 

•HR 7575 RH

1 (B) natural features and nature-based fea2 tures, including levee setbacks and instream and 

3 floodplain restoration. 

4 (b) CONSULTATION AND USE OF EXISTING DATA.—In 

5 conducting the comprehensive study under subsection (a), 

6 the Secretary shall consult with applicable Federal, State, 

7 and local agencies, Indian Tribes, non-Federal interests, 

8 and other stakeholders, and, to the maximum extent prac9 ticable and where appropriate, make use of existing data 

10 provided to the Secretary by such parties. 

11 (c) RECOMMENDATIONS.— 

12 (1) IN GENERAL.—In conducting the comprehen13 sive study under subsection (a), the Secretary may de14 velop a recommendation to Congress for— 

15 (A) the construction of a water resources de16 velopment project; 

17 (B) the structural or operational modifica18 tion of an existing water resources development 

19 project; 

20 (C) such additional monitoring of, or 

21 adaptive management measures to carry out 

22 with respect to, existing water resources develop23 ment projects, to respond to changing conditions; 

24 or 


kjohnson on DSK79L0C42PROD with BILLS
107 

•HR 7575 RH

1 (D) geographic areas within the Lower Mis2 sissippi River basin for additional study by the 

3 Secretary. 

4 (2) ADDITIONAL CONSIDERATIONS.—Any feasi5 bility study carried out pursuant to a recommenda6 tion under this subsection shall be considered to be a 

7 continuation of the comprehensive study required 

8 under subsection (a). 

9 (d) COMPLETION OF STUDY; REPORT TO CONGRESS.— 

10 Not later than 3 years after the date of enactment of this 

11 section, the Secretary shall submit to the Committee on 

12 Transportation and Infrastructure of the House of Rep13 resentatives and the Committee on Environment and Public 

14 Works of the Senate a report detailing— 

15 (1) the results of the comprehensive study re16 quired by this section, including any recommenda17 tions developed under subsection (c); and 

18 (2) any interim actions relating to existing 

19 water resources development projects undertaken by 

20 the Secretary during the study period. 

21 SEC. 211. UPPER MISSISSIPPI RIVER COMPREHENSIVE 

22 PLAN. 

23 (a) ASSESSMENT.—The Secretary shall conduct an as24 sessment of the water resources needs of the Upper MisVerDate Sep 11 2014 22:18 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6203 E:\BILLS\H7575.RH H7575

kjohnson on DSK79L0C42PROD with BILLS
108 

•HR 7575 RH

1 sissippi River under section 729 of the Water Resources De2 velopment Act of 1986 (33 U.S.C. 2267a). 

3 (b) REQUIREMENTS.—The Secretary shall carry out 

4 the assessment under subsection (a) in accordance with the 

5 requirements in section 1206(b) of Water Resources Devel6 opment Act of 2016 (130 Stat. 1686). 

7 SEC. 212. LOWER MISSOURI BASIN FLOOD RISK AND RESIL8 IENCY STUDY, IOWA, KANSAS, NEBRASKA, 

9 AND MISSOURI. 

10 (a) ADDITIONAL STUDIES.— 

11 (1) IN GENERAL.—Except as provided in para12 graph (2), upon the request of the non-Federal inter13 est for the Lower Missouri Basin study, the Secretary 

14 shall expand the scope of such study to investigate 

15 and provide recommendations relating to— 

16 (A) modifications to projects in Iowa, Kan17 sas, Nebraska, and Missouri authorized under 

18 the Pick-Sloan Missouri River Basin Program 

19 (authorized by section 9(b) of the Flood Control 

20 Act of December 22, 1944 (chapter 665, 58 Stat. 

21 891)) and the Missouri River Bank Stabilization 

22 and Navigation project (authorized by section 2 

23 of the Act of March 2, 1945 (chapter 19, 59 Stat. 

24 19)), including modifications to the authorized 


kjohnson on DSK79L0C42PROD with BILLS
109 

•HR 7575 RH

1 purposes of such projects to further flood risk 

2 management and resiliency; and 

3 (B) modifications to non-Federal, publicly 

4 owned levees in the Lower Missouri River Basin. 

5 (2) EXCEPTION.—If the Secretary determines 

6 that expanding the scope of the Lower Missouri Basin 

7 study as provided in paragraph (1) is not prac8 ticable, and the non-Federal interest for such study 

9 concurs in such determination, the Secretary shall 

10 carry out such additional studies as are necessary to 

11 investigate the modifications described in paragraph 

12 (1). 

13 (3) CONTINUATION OF LOWER MISSOURI BASIN

14 STUDY.—The following studies shall be considered a 

15 continuation of the Lower Missouri Basin study: 

16 (A) Any additional study carried out under 

17 paragraph (2). 

18 (B) Any study recommended to be carried 

19 out in a report that the Chief of Engineers pre20 pares for the Lower Missouri Basin study. 

21 (C) Any study recommended to be carried 

22 out in a report that the Chief of Engineers pre23 pares for an additional study carried out under 

24 paragraph (2). 


kjohnson on DSK79L0C42PROD with BILLS
110 

•HR 7575 RH

1 (D) Any study spun off from the Lower 

2 Missouri Basin study before the completion of 

3 such study. 

4 (E) Any study spun off from an additional 

5 study carried out under paragraph (2) before the 

6 completion of such additional study. 

7 (4) RELIANCE ON EXISTING INFORMATION.—In 

8 carrying out any study described in or authorized by 

9 this section, the Secretary, to the extent practicable, 

10 shall rely on existing data and analysis, including 

11 data and analysis prepared under section 22 of the 

12 Water Resources Development Act of 1974 (42 U.S.C. 

13 1962d–16). 

14 (5) CONSIDERATION; CONSULTATION.—In devel15 oping recommendations under paragraph (1), the Sec16 retary shall— 

17 (A) consider the use of— 

18 (i) structural and nonstructural meas19 ures, including the setting back of levees and 

20 removing structures from areas of recurring 

21 flood vulnerability, where advantageous, to 

22 reduce flood risk and damages in the Lower 

23 Missouri River Basin; and 

24 (ii) where such features are locally ac25 ceptable, natural features or nature-based 


kjohnson on DSK79L0C42PROD with BILLS
111 

•HR 7575 RH

1 features (as such terms are defined in sec2 tion 1184 of the Water Resources Develop3 ment Act of 2016 (33 U.S.C. 2289a); and 

4 (B) consult with applicable Federal and 

5 State agencies, Indian Tribes, and other stake6 holders within the Lower Missouri River Basin 

7 and solicit public comment on such recommenda8 tions. 

9 (6) EXEMPTION FROM MAXIMUM STUDY COST

10 AND DURATION LIMITATIONS.—Section 1001 of the 

11 Water Resources Reform and Development Act of 

12 2014 (33 U.S.C. 2282c) shall not apply to the Lower 

13 Missouri Basin study or any study described in para14 graph (3). 

15 (7) PRECONSTRUCTION, ENGINEERING, AND DE16 SIGN.—Upon completion of a study authorized by this 

17 section, if the Secretary determines that a rec18 ommended project, or modification to a project de19 scribed in paragraph (1), is justified, the Secretary 

20 may proceed directly to preconstruction planning, en21 gineering, and design of the project or modification. 

22 (8) TECHNICAL ASSISTANCE.— 

23 (A) IN GENERAL.—For the provision of 

24 technical assistance to support small commu25 nities and economically disadvantaged commuVerDate Sep 11 2014 22:18 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6203 E:\BILLS\H7575.RH H7575

kjohnson on DSK79L0C42PROD with BILLS
112 

•HR 7575 RH

1 nities in the planning and design of flood risk 

2 management and flood risk resiliency projects in 

3 the Lower Missouri River Basin, for each of fis4 cal years 2021 through 2026, there are author5 ized to be appropriated— 

6 (i) $2,000,000 to carry out section 206 

7 of the Flood Control Act of 1960 (33 U.S.C. 

8 709a), in addition to amounts otherwise au9 thorized to carry out such section; and 

10 (ii) $2,000,000 to carry out section 

11 22(a)(2) of the Water Resources Develop12 ment Act of 1974 (42 U.S.C. 1962d–16), in 

13 addition to amounts otherwise authorized to 

14 carry out such section. 

15 (B) CONDITIONS.— 

16 (i) LIMITATIONS NOT APPLICABLE.— 

17 The limitations on the use of funds in sec18 tion 206(d) of the Flood Control Act of 1960 

19 and section 22(c)(2) of the Water Resources 

20 Development Act of 1974 shall not apply to 

21 the amounts authorized to be appropriated 

22 by subparagraph (A). 

23 (ii) RULE OF CONSTRUCTION.—Noth24 ing in this paragraph restricts the author25 ity of the Secretary to use any funds otherVerDate Sep 11 2014 22:18 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6203 E:\BILLS\H7575.RH H7575

kjohnson on DSK79L0C42PROD with BILLS
113 

•HR 7575 RH

1 wise appropriated to carry out section 206 

2 of the Flood Control Act of 1960 or section 

3 22(a)(2) of the Water Resources Develop4 ment Act of 1974 to provide technical as5 sistance described in subparagraph (A). 

6 (9) COMPLETION OF STUDY; REPORT TO CON7 GRESS.—Not later than 3 years after the date of en8 actment of this Act, the Secretary shall submit to the 

9 Committee on Transportation and Infrastructure of 

10 the House of Representatives and the Committee on 

11 Environment and Public Works of the Senate a report 

12 detailing— 

13 (A) the results of the study authorized by 

14 this section; 

15 (B) any additional, site-specific areas with16 in the Lower Missouri River Basin for which ad17 ditional study for flood risk management projects 

18 is recommended by the Secretary; and 

19 (C) any interim actions relating to existing 

20 water resources development projects undertaken 

21 by the Secretary during the study period. 

22 (b) DEFINITIONS.—In this section: 

23 (1) LOWER MISSOURI BASIN STUDY.—The term 

24 ‘‘Lower Missouri Basin study’’ means the Lower Mis25 souri Basin Flood Risk and Resiliency Study, Iowa, 


kjohnson on DSK79L0C42PROD with BILLS
114 

•HR 7575 RH

1 Kansas, Nebraska, and Missouri, authorized pursuant 

2 to section 216 of the Flood Control Act of 1970 (33 

3 U.S.C. 549a). 

4 (2) SMALL COMMUNITY.—The term ‘‘small com5 munity’’ means a local government that serves a pop6 ulation of less than 15,000. 

7 SEC. 213. PORTSMOUTH HARBOR AND PISCATAQUA RIVER 

8 AND RYE HARBOR, NEW HAMPSHIRE. 

9 Not later than 180 days after the date of enactment 

10 of this Act, the Secretary shall submit to Congress a written 

11 status update regarding— 

12 (1) efforts to address the impacts of shoaling af13 fecting the project for navigation, Rye Harbor, New 

14 Hampshire, authorized by section 101 of the River 

15 and Harbor Act of 1960 (74 Stat. 480); and 

16 (2) the project for navigation, Portsmouth Har17 bor and Piscataqua River, authorized by section 101 

18 of the River and Harbor Act of 1962 (76 Stat. 1173), 

19 as required to be expedited under section 1317 of the 

20 Water Resources Development Act of 2018 (Public 

21 Law 115–270). 

22 SEC. 214. COUGAR AND DETROIT DAMS, WILLAMETTE RIVER 

23 BASIN, OREGON. 

24 (a) REPORT.—Not later than 2 years after the date 

25 of enactment of this Act, the Secretary shall submit to the 


kjohnson on DSK79L0C42PROD with BILLS
115 

•HR 7575 RH

1 Committee on Transportation and Infrastructure of the 

2 House of Representatives and the Committee on Environ3 ment and Public Works of the Senate, and make publicly 

4 available, a report providing an initial analysis of 

5 deauthorizing hydropower as a project purpose at the Cou6 gar and Detroit Dams project. 

7 (b) CONTENTS.—The Secretary shall include in the re8 port submitted under subsection (a)— 

9 (1) a description of the potential effects of 

10 deauthorizing hydropower as a project purpose at the 

11 Cougar and Detroit Dams project on— 

12 (A) the operation of the project, including 

13 with respect to the other authorized purposes of 

14 the project; 

15 (B) compliance of the project with the En16 dangered Species Act; 

17 (C) costs that would be attributed to other 

18 authorized purposes of the project, including 

19 costs relating to compliance with such Act; and 

20 (D) other ongoing studies in the Willamette 

21 River Basin; and 

22 (2) identification of any further research needed. 

23 (c) PROJECT DEFINED.—In this section, the terms 

24 ‘‘Cougar and Detroit Dams project’’ and ‘‘project’’ mean 

25 the Cougar Dam and Reservoir project and Detroit Dam 


kjohnson on DSK79L0C42PROD with BILLS
116 

•HR 7575 RH

1 and Reservoir project, Willamette River Basin, Oregon, au2 thorized by section 204 of the Flood Control Act of 1950 

3 (64 Stat. 179). 

4 SEC. 215. PORT ORFORD, OREGON. 

5 Not later than 180 days after the date of enactment 

6 of this Act, the Secretary shall, at Federal expense, submit 

7 to the Committee on Transportation and Infrastructure of 

8 the House of Representatives and the Committee on Envi9 ronment and Public Works of the Senate a summary report 

10 on the research completed and data gathered by the date 

11 of enactment of this Act with regards to the configuration 

12 of a breakwater for the project for navigation, Port Orford, 

13 Oregon, authorized by section 117 of the River and Harbor 

14 Act of 1970 (84 Stat. 1822; 106 Stat. 4809), for the pur15 poses of addressing shoaling issues to minimize long-term 

16 maintenance costs. 

17 SEC. 216. WILSON CREEK AND SLOAN CREEK, FAIRVIEW, 

18 TEXAS. 

19 Not later than 180 days after the date of enactment 

20 of this section, the Secretary shall submit to Congress a 

21 written status update regarding efforts to address flooding 

22 along Wilson Creek and Sloan Creek in the City of Fair23 view, Texas. 


kjohnson on DSK79L0C42PROD with BILLS
117 

•HR 7575 RH

1 SEC. 217. GAO STUDY ON MITIGATION FOR WATER RE2 SOURCES DEVELOPMENT PROJECTS. 

3 Not later than 18 months after the date of enactment 

4 of this Act, the Comptroller General of the United States 

5 shall— 

6 (1) conduct a study on the mitigation of the im7 pact of water resources development projects, includ8 ing the impact on fish and wildlife, consistent with 

9 the requirements of section 906 of the Water Resources 

10 Development Act of 1986 (33 U.S.C. 2283), section 

11 307(a) of the Water Resources Development Act of 

12 1990 (33 U.S.C. 2317(a)), and section 2036(b) of the 

13 Water Resources Development Act of 2007 (33 U.S.C. 

14 2283a), including— 

15 (A) an evaluation of guidance or instruc16 tions issued, and other measures taken, by the 

17 Secretary to ensure successful mitigation of such 

18 impacts; 

19 (B) a review of the methods of mitigation, 

20 including the use of in-lieu fees, mitigation 

21 banking, and permittee-responsible mitigation, 

22 and their long-term effectiveness of restoring or 

23 mitigating ecosystem services impacted by such 

24 projects; 


kjohnson on DSK79L0C42PROD with BILLS
118 

•HR 7575 RH

1 (C) a review of how the use of the different 

2 mitigation methods for such projects varies 

3 across Corps of Engineers districts; 

4 (D) an assessment of the backlog of mitiga5 tion projects, including the number of mitigation 

6 projects pending completion to address such im7 pacts resulting from constructed water resources 

8 development projects; 

9 (E) an evaluation of how the Secretary 

10 tracks compliance with the mitigation require11 ments across Corps of Engineers districts; 

12 (F) a review of how the mitigation require13 ments for water resources development projects 

14 contributes to the resilience of water resources in 

15 the United States; 

16 (G) an assessment of whether mitigation is 

17 being done prior to or contemporaneously with 

18 the construction of projects, as required by sec19 tion 906 of the Water Resources Development Act 

20 of 1986 (33 U.S.C. 2283); 

21 (H) an evaluation of compliance with sec22 tion 906(d) of the Water Resources Development 

23 Act of 1986 (33 U.S.C. 2283(d)) for the develop24 ment of specific mitigation plans for projects, 

25 whether such plans were successful in mitigating 


kjohnson on DSK79L0C42PROD with BILLS
119 

•HR 7575 RH

1 the designated impacts of the projects, and, in 

2 instances where such plans were not successful, 

3 what actions the Secretary is taking to modify 

4 the plans such that they will be successful; and 

5 (I) an assessment of how the Secretary 

6 might take advantage of natural infrastructure 

7 in mitigation planning to reduce flood risks and 

8 flood recovery costs for some communities; and 

9 (2) submit to Congress a report that— 

10 (A) describes the results of the study con11 ducted under paragraph (1); 

12 (B) includes recommendations to ensure 

13 compliance with and successful implementation 

14 of mitigation requirements for water resources 

15 development projects; and 

16 (C) includes recommendations to ensure ex17 isting programs and authorities include the use, 

18 to the maximum extent practicable, of natural 

19 infrastructure. 

20 SEC. 218. GAO STUDY ON APPLICATION OF HARBOR MAIN21 TENANCE TRUST FUND EXPENDITURES. 

22 (a) STUDY.—Not later than 18 months after the date 

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

24 United States shall conduct a study of the operation and 


kjohnson on DSK79L0C42PROD with BILLS
120 

•HR 7575 RH

1 maintenance needs of federally authorized harbor and in2 land harbor projects, including— 

3 (1) an inventory of all federally authorized har4 bor and inland harbor projects; 

5 (2) an assessment of current uses of such projects 

6 (and, to the extent practicable, the national, regional, 

7 and local benefits of such uses), including the uses 

8 listed in section 210(d)(2)(B) of the Water Resources 

9 Development Act of 1986; 

10 (3) an assessment of the annual operation and 

11 maintenance needs associated with harbors and in12 land harbors referred to in subsection (a)(2) of section 

13 210 of the Water Resources Development Act of 1986 

14 (33 U.S.C. 2238), including a breakdown of such 

15 needs for each of the following types of projects— 

16 (A) emerging harbor projects (as defined in 

17 such section); 

18 (B) moderate-use harbor projects (as defined 

19 in such section on the day before the date of en20 actment of this Act); 

21 (C) high-use harbor projects (as defined in 

22 such section on the day before the date of enact23 ment of this Act); and 


kjohnson on DSK79L0C42PROD with BILLS
121 

•HR 7575 RH

1 (D) projects assigned to harbors and inland 

2 harbors within the Great Lakes Navigation Sys3 tem (as defined in such section); 

4 (4) an assessment of any deferred operation and 

5 maintenance needs for such projects; 

6 (5) an assessment of the annual funding level 

7 trends for moderate-use harbor projects (as defined in 

8 section 210 of the Water Resources Development Act 

9 of 1986 on the day before the date of enactment of this 

10 Act) after the date of enactment of the Water Re11 sources Development Act of 2014 (Public Law 113– 

12 121), excluding funds awarded to donor ports, me13 dium-sized donor ports, and energy transfer ports (as 

14 such terms are defined in section 2106 of the Water 

15 Resources Reform and Development Act of 2014 (33 

16 U.S.C. 2201)); 

17 (6) an assessment of projected needs associated 

18 with donor ports, medium-sized donor ports, and en19 ergy transfer ports (as such terms are defined in sec20 tion 2106 of the Water Resources Reform and Devel21 opment Act of 2014 (33 U.S.C. 2201)); and 

22 (7) an itemization of expenditures provided to 

23 donor ports, medium-sized donor ports, and energy 

24 transfer ports under section 2106 of the Water ReVerDate Sep 11 2014 22:18 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00121 Fmt 6652 Sfmt 6203 E:\BILLS\H7575.RH H7575

kjohnson on DSK79L0C42PROD with BILLS
122 

•HR 7575 RH

1 sources Reform and Development Act of 2014 (33 

2 U.S.C. 2201). 

3 (b) REPORT TO CONGRESS.—Upon completion of the 

4 report under subsection (a), the Comptroller General shall 

5 submit such report to the Committee on Transportation and 

6 Infrastructure of the House of Representatives and the Com7 mittee on Environment and Public Works of the Senate. 

8 SEC. 219. GAO STUDY ON ADMINISTRATION OF ENVIRON9 MENTAL BANKS. 

10 (a) IN GENERAL.—Not later than one year after the 

11 date of enactment of this Act, the Comptroller General of 

12 the United States shall conduct a study and submit to the 

13 appropriate committees of Congress a report that analyzes 

14 the administration of section 309 of the Coastal Wetlands 

15 Planning, Protection and Restoration Act to establish an 

16 environmental bank (as defined in such section), such that 

17 the Secretary— 

18 (1) achieves the objectives of the report of the 

19 Chief of Engineers for ecosystem restoration in the 

20 Louisiana Coastal Area or the objectives of the com21 prehensive coastal protection master plan entitled 

22 ‘‘Louisiana Comprehensive Master Plan for a Sus23 tainable Coast’’ prepared by the State of Louisiana 

24 and accepted by the Louisiana Coastal Protection and 


kjohnson on DSK79L0C42PROD with BILLS
123 

•HR 7575 RH

1 Restoration Authority (including any subsequent 

2 amendments or revisions); 

3 (2) promotes ridge restoration, barrier island 

4 restoration, marsh creation, nonstructural risk man5 agement, or any other projects authorized, funded, or 

6 undertaken, or proposed to be authorized, funded, or 

7 undertaken, pursuant to such comprehensive coastal 

8 protection master plan; 

9 (3) allows for proactive investment in projects by 

10 a public or private entity seeking to generate credits 

11 to satisfy responsibilities associated with environ12 mental compliance; 

13 (4) allows for leveraging additional State, Par14 ish, or Federal funds; and 

15 (5) recommends methods for awarding addi16 tional credit for high-priority projects listed in the re17 port and plan described in paragraph (1). 

18 (b) CONSULTATION WITH STAKEHOLDERS.—In car19 rying out subsection (a), the Comptroller General of the 

20 United States shall consult with the Secretary, the Lou21 isiana Coastal Wetlands Conservation and Restoration 

22 Task Force, the Governor of Louisiana (or an appointee), 

23 and other stakeholders, to the extent practicable. 


kjohnson on DSK79L0C42PROD with BILLS
124 

•HR 7575 RH

1 SEC. 220. STUDY ON WATER SUPPLY AND WATER CON2 SERVATION AT WATER RESOURCES DEVELOP3 MENT PROJECTS. 

4 (a) IN GENERAL.—Not later than 18 months after the 

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

6 to the Committee on Transportation and Infrastructure of 

7 the House of the Representatives and the Committee on En8 vironment and Public Works of the Senate a report that 

9 analyzes the benefits and consequences of including munic10 ipal water supply and water conservation as a primary 

11 mission of the Corps of Engineers in carrying out water 

12 resources development projects. 

13 (b) INCLUSION.—The Secretary shall include in the re14 port submitted under subsection (a)— 

15 (1) a description of existing water resources de16 velopment projects with municipal water supply or 

17 water conservation as authorized purposes, and the 

18 extent to which such projects are utilized for such 

19 purposes; 

20 (2) a description of existing water resources de21 velopment projects with respect to which— 

22 (A) municipal water supply or water con23 servation could be added as a project purpose, 

24 including those with respect to which a non-Fed25 eral interest has expressed an interest in adding 


kjohnson on DSK79L0C42PROD with BILLS
125 

•HR 7575 RH

1 municipal water supply or water conservation as 

2 a project purpose; and 

3 (B) such a purpose could be accommodated 

4 while maintaining existing authorized purposes; 

5 (3) a description of ongoing water resources de6 velopment project studies the authorizations for which 

7 include authorization for the Secretary to study the 

8 feasibility of carrying out the project with a purpose 

9 of municipal water supply or water conservation; 

10 (4) an analysis of how adding municipal water 

11 supply and water conservation as a primary mission 

12 of the Corps of Engineers would affect the ability of 

13 the Secretary to carry out future water resources de14 velopment projects; and 

15 (5) any recommendations of the Secretary relat16 ing to including municipal water supply and water 

17 conservation as a primary mission of the Corps of 

18 Engineers. 

19 SEC. 221. PFAS REVIEW AND INVENTORY AT CORPS FACILI20 TIES. 

21 (a) INVENTORY OF PFAS AT CORPS FACILITIES.— 

22 (1) IN GENERAL.—Not later than 18 months 

23 after the date of enactment of this section, and annu24 ally thereafter the Secretary shall complete an inven25 tory of Corps of Engineers civil works facilities that 


kjohnson on DSK79L0C42PROD with BILLS
126 

•HR 7575 RH

1 are or may be contaminated, or could become con2 taminated, by PFAS. 

3 (2) CONTENTS OF INVENTORY.—In carrying out 

4 this subsection, the Secretary shall review and iden5 tify— 

6 (A) all facilities owned or operated by the 

7 Corps of Engineers, for which there is a civil 

8 works function, that are or may be contami9 nated, or could become contaminated, by PFAS; 

10 (B) the nature and extent of any such con11 tamination or potential for contamination, in12 cluding any potential pathways for human expo13 sure to PFAS; 

14 (C) response measures taken to monitor, 

15 control, remove, or remediate PFAS, or otherwise 

16 reduce the risk of human exposure to PFAS; 

17 (D) for facilities identified under subpara18 graph (A), the extent to which such facilities (or 

19 any such contamination or potential for con20 tamination at such facilities) are related to the 

21 civil works functions of the Corps of Engineers; 

22 (E) the extent to which the Secretary, or 

23 other entities, may have responsibility for such 

24 contamination or potential for contamination; 

25 and 


kjohnson on DSK79L0C42PROD with BILLS
127 

•HR 7575 RH

1 (F) for facilities identified under subpara2 graph (A), the costs to remediate and reduce the 

3 risk of human exposure to PFAS. 

4 (3) COORDINATION WITH OTHER FEDERAL AGEN5 CIES.—To the maximum extent practicable, the ac6 tions taken under this subsection shall supplement 

7 and support work undertaken by other Federal agen8 cies, including actions taken pursuant to the plan 

9 published by the Administrator of the Environmental 

10 Protection Agency, titled ‘‘EPA’s Per- and 

11 Polyfluoroalkyl Substances (PFAS) Action Plan’’ and 

12 dated February 2019. 

13 (4) REPORT TO CONGRESS.—Upon completion of 

14 the inventory under paragraph (1), and annually 

15 thereafter concurrent with the President’s annual 

16 budget request to Congress, the Secretary shall submit 

17 the inventory to the Committee on Transportation 

18 and Infrastructure of the House of Representatives 

19 and the Committee on Environment and Public 

20 Works of the Senate. 

21 (b) PFAS TECHNOLOGY RESEARCH.— 

22 (1) RESEARCH SUPPORT.—The Secretary, acting 

23 through the Hazardous Waste Research Center located 

24 at the Engineer Research and Development Center, 

25 shall, to the maximum extent practicable, support the 


kjohnson on DSK79L0C42PROD with BILLS
128 

•HR 7575 RH

1 efforts of other Federal agencies in the development of 

2 innovative technologies and methodologies for the de3 tection, treatment, and cleanup of PFAS associated 

4 with Federal facilities, including groundwater associ5 ated with such facilities. 

6 (2) DUPLICATION OF EFFORTS.—Nothing in this 

7 subsection is intended to duplicate the activities un8 dertaken by other Federal agencies as identified in 

9 subsection (a)(3). 

10 (c) DEFINITION.—In this section, the term ‘‘PFAS’’ 

11 means a perfluoroalkyl substance or polyfluoroalkyl sub12 stance with at least one fully fluorinated carbon atom. 

13 SEC. 222. REPORT ON RECREATIONAL FACILITIES. 

14 No later than 18 months after the date of enactment 

15 of this Act, the Secretary shall submit to the Committee on 

16 Transportation and Infrastructure of the House of Rep17 resentatives and the Committee on Environment and Public 

18 Works of the Senate a report that contains— 

19 (1) an inventory of all recreational infrastruc20 ture and facilities associated with water resources de21 velopment projects; 

22 (2) an assessment of the annual operation and 

23 maintenance needs associated with such infrastruc24 ture and facilities; 


kjohnson on DSK79L0C42PROD with BILLS
129 

•HR 7575 RH

1 (3) an assessment of deferred operation and 

2 maintenance needs for such infrastructure and facili3 ties to operate safely at full capacity; and 

4 (4) an assessment of the economic benefits of 

5 recreation to local and regional economies and bene6 fits of sustaining and improving public access at rec7 reational infrastructure and facilities. 

8 TITLE III—DEAUTHORIZATIONS 

9 AND MODIFICATIONS 

10 SEC. 301. DEAUTHORIZATION OF INACTIVE PROJECTS. 

11 (a) PURPOSES.—The purposes of this section are— 

12 (1) to identify water resources development 

13 projects authorized by Congress that are no longer 

14 viable for construction due to— 

15 (A) a lack of local support; 

16 (B) a lack of available Federal or non-Fed17 eral resources; or 

18 (C) an authorizing purpose that is no 

19 longer relevant or feasible; 

20 (2) to create an expedited and definitive process 

21 for Congress to deauthorize water resources develop22 ment projects that are no longer viable for construc23 tion; and 


kjohnson on DSK79L0C42PROD with BILLS
130 

•HR 7575 RH

1 (3) to allow the continued authorization of water 

2 resources development projects that are viable for con3 struction. 

4 (b) PROPOSED DEAUTHORIZATION LIST.— 

5 (1) PRELIMINARY LIST OF PROJECTS.— 

6 (A) IN GENERAL.—The Secretary shall de7 velop a preliminary list of each water resources 

8 development project, or separable element of a 

9 project, authorized for construction before No10 vember 8, 2007, for which— 

11 (i) planning, design, or construction 

12 was not initiated before the date of enact13 ment of this Act; or 

14 (ii) planning, design, or construction 

15 was initiated before the date of enactment of 

16 this Act, but for which no funds, Federal or 

17 non-Federal, were obligated for planning, 

18 design, or construction of the project or sep19 arable element of the project during the cur20 rent fiscal year or any of the 10 preceding 

21 fiscal years. 

22 (B) USE OF COMPREHENSIVE CONSTRUC23 TION BACKLOG AND OPERATION AND MAINTE24 NANCE REPORT.—The Secretary may develop the 

25 preliminary list from the comprehensive conVerDate Sep 11 2014 22:18 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6203 E:\BILLS\H7575.RH H7575

kjohnson on DSK79L0C42PROD with BILLS
131 

•HR 7575 RH

1 struction backlog and operation and mainte2 nance reports developed pursuant to section 

3 1001(b)(2) of the Water Resources Development 

4 Act of 1986 (33 U.S.C. 579a). 

5 (2) PREPARATION OF PROPOSED DEAUTHORIZA6 TION LIST.— 

7 (A) DEAUTHORIZATION AMOUNT.—The Sec8 retary shall prepare a proposed list of projects 

9 for deauthorization comprised of a subset of 

10 projects and separable elements identified on the 

11 preliminary list developed under paragraph (1) 

12 that have, in the aggregate, an estimated Federal 

13 cost to complete that is at least $10,000,000,000. 

14 (B) DETERMINATION OF FEDERAL COST TO

15 COMPLETE.—For purposes of subparagraph (A), 

16 the Federal cost to complete shall take into ac17 count any allowances authorized by section 902 

18 of the Water Resources Development Act of 1986 

19 (33 U.S.C. 2280), as applied to the most recent 

20 project schedule and cost estimate. 

21 (C) INCLUSION OF DEAUTHORIZATION OF

22 ANTIQUATED PROJECTS.—The Secretary shall re23 duce the amount identified for deauthorization 

24 under paragraph (2)(A) by an amount equiva25 lent to the estimated current value of each 


kjohnson on DSK79L0C42PROD with BILLS
132 

•HR 7575 RH

1 project, or separable element of a project, that is 

2 deauthorized by subsection (f). 

3 (3) SEQUENCING OF PROJECTS.— 

4 (A) IN GENERAL.—The Secretary shall 

5 identify projects and separable elements for in6 clusion on the proposed list of projects for de7 authorization under paragraph (2) according to 

8 the order in which the projects and separable ele9 ments were authorized, beginning with the ear10 liest authorized projects and separable elements 

11 and ending with the latest project or separable 

12 element necessary to meet the aggregate amount 

13 under paragraph (2)(A). 

14 (B) FACTORS TO CONSIDER.—The Secretary 

15 may identify projects and separable elements in 

16 an order other than that established by subpara17 graph (A) if the Secretary determines, on a case18 by-case basis, that a project or separable element 

19 is critical for interests of the United States, 

20 based on the possible impact of the project or 

21 separable element on public health and safety, 

22 the national economy, or the environment. 

23 (4) PUBLIC COMMENT AND CONSULTATION.— 

24 (A) IN GENERAL.—The Secretary shall so25 licit comments from the public and the GovVerDate Sep 11 2014 22:18 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6203 E:\BILLS\H7575.RH H7575

kjohnson on DSK79L0C42PROD with BILLS
133 

•HR 7575 RH

1 ernors of each applicable State on the proposed 

2 deauthorization list prepared under paragraph 

3 (2)(A). 

4 (B) COMMENT PERIOD.—The public com5 ment period shall be 90 days. 

6 (5) PREPARATION OF FINAL DEAUTHORIZATION

7 LIST.— 

8 (A) IN GENERAL.—The Secretary shall pre9 pare a final deauthorization list by— 

10 (i) considering any comments received 

11 under paragraph (4); and 

12 (ii) revising the proposed deauthoriza13 tion list prepared under paragraph (2)(A) 

14 as the Secretary determines necessary to re15 spond to such comments. 

16 (B) APPENDIX.—The Secretary shall in17 clude as part of the final deauthorization list an 

18 appendix that— 

19 (i) identifies each project or separable 

20 element on the proposed deauthorization list 

21 that is not included on the final deauthor22 ization list; and 

23 (ii) describes the reasons why the 

24 project or separable element is not included 

25 on the final deauthorization list. 


kjohnson on DSK79L0C42PROD with BILLS
134 

•HR 7575 RH

1 (c) SUBMISSION OF FINAL DEAUTHORIZATION LIST TO

2 CONGRESS FOR CONGRESSIONAL REVIEW; PUBLICATION.— 

3 (1) IN GENERAL.—Not later than 90 days after 

4 the date of the close of the comment period under sub5 section (b)(4), the Secretary shall— 

6 (A) submit the final deauthorization list 

7 and appendix prepared under subsection (b)(5) 

8 to the Committee on Transportation and Infra9 structure of the House of Representatives and the 

10 Committee on Environment and Public Works of 

11 the Senate; and 

12 (B) publish the final deauthorization list 

13 and appendix in the Federal Register. 

14 (2) EXCLUSIONS.—The Secretary shall not in15 clude in the final deauthorization list submitted 

16 under paragraph (1) any project or separable element 

17 with respect to which Federal funds for planning, de18 sign, or construction are obligated after the develop19 ment of the preliminary list under subsection 

20 (b)(1)(A) but prior to the submission of the final de21 authorization list under paragraph (1)(A) of this sub22 section. 

23 (d) DEAUTHORIZATION; CONGRESSIONAL REVIEW.— 

24 (1) IN GENERAL.—After the expiration of the 2- 

25 year period beginning on the date of publication of 


kjohnson on DSK79L0C42PROD with BILLS
135 

•HR 7575 RH

1 the final deauthorization list and appendix under 

2 subsection (c)(1)(B), a project or separable element of 

3 a project identified in the final deauthorization list is 

4 hereby deauthorized, unless Congress passes a joint 

5 resolution disapproving the final deauthorization list 

6 prior to the end of such period. 

7 (2) NON-FEDERAL CONTRIBUTIONS.— 

8 (A) IN GENERAL.—A project or separable 

9 element of a project identified in the final de10 authorization list under subsection (c) shall not 

11 be deauthorized under this subsection if, before 

12 the expiration of the 2-year period referred to in 

13 paragraph (1), the non-Federal interest for the 

14 project or separable element of the project pro15 vides sufficient funds to complete the project or 

16 separable element of the project. 

17 (B) TREATMENT OF PROJECTS.—Notwith18 standing subparagraph (A), each project and 

19 separable element of a project identified in the 

20 final deauthorization list shall be treated as de21 authorized for purposes of the aggregate de22 authorization amount specified in subsection 

23 (b)(2)(A). 

24 (3) PROJECTS IDENTIFIED IN APPENDIX.—A 

25 project or separable element of a project identified in 


kjohnson on DSK79L0C42PROD with BILLS
136 

•HR 7575 RH

1 the appendix to the final deauthorization list shall re2 main subject to future deauthorization by Congress. 

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 sepa9 rable element received funding for a post-authoriza10 tion study during the current fiscal year or any of the 

11 10 preceding fiscal years. 

12 (2) TREATMENT OF PROJECT MODIFICATIONS.— 

13 For purposes of this section, if an authorized water 

14 resources development project or separable element of 

15 the project has been modified by an Act of Congress, 

16 the date of the authorization of the project or sepa17 rable element shall be deemed to be the date of the 

18 most recent such modification. 

19 (f) DEAUTHORIZATION OF ANTIQUATED PROJECTS.— 

20 (1) IN GENERAL.—Any water resources develop21 ment project, or separable element of a project, au22 thorized for construction prior to November 17, 1986, 

23 for which construction has not been initiated prior to 

24 the date of enactment of this Act, or for which funds 

25 have not been obligated for construction in the 10- 


kjohnson on DSK79L0C42PROD with BILLS
137 

•HR 7575 RH

1 year period prior to the date of enactment of this Act, 

2 is hereby deauthorized. 

3 (2) IDENTIFICATION.—Not later than 60 days 

4 after the date of enactment of this Act, the Secretary 

5 shall issue to the Committee on Transportation and 

6 Infrastructure of the House of Representatives and the 

7 Committee on Environment and Public Works of the 

8 Senate a report that identifies— 

9 (A) the name of each project, or separable 

10 element of a project, deauthorized by paragraph 

11 (1); and 

12 (B) the estimated current value of each such 

13 project or separable element of a project. 

14 (g) ECONOMIC AND ENVIRONMENTAL REVIEW OF INAC15 TIVE WATER RESOURCES DEVELOPMENT PROJECTS.—The 

16 Secretary or the non-Federal interest may not carry out 

17 any authorized water resources development project, or sep18 arable element of such project, for which construction has 

19 not been initiated in the 20-year period following the date 

20 of the authorization of such project or separable element, 

21 until— 

22 (1) the Secretary provides to the Committee on 

23 Transportation and Infrastructure of the House of 

24 Representatives and the Committee on Environment 

25 and Public Works of the Senate a post-authorization 


kjohnson on DSK79L0C42PROD with BILLS
138 

•HR 7575 RH

1 change report that updates the economic and environ2 mental analysis of the project or separable element; 

3 and 

4 (2) the Committee on Transportation and Infra5 structure of the House of Representatives and the 

6 Committee on Environment and Public Works of the 

7 Senate take appropriate action to address any modi8 fications to the economic and environmental analysis 

9 for the project or separable element of the project con10 tained in the post-authorization change report. 

11 (h) DEFINITIONS.—In this section: 

12 (1) POST-AUTHORIZATION CHANGE REPORT.— 

13 The term ‘‘post-authorization change report’’ has the 

14 meaning given such term in section 1132(d) of the 

15 Water Resources Development Act of 2016 (33 U.S.C. 

16 2282e). 

17 (2) POST-AUTHORIZATION STUDY.—The term 

18 ‘‘post-authorization study’’ means— 

19 (A) a feasibility report developed under sec20 tion 905 of the Water Resources Development Act 

21 of 1986 (33 U.S.C. 2282); 

22 (B) a feasibility study, as defined in section 

23 105(d) of the Water Resources Development Act 

24 of 1986 (33 U.S.C. 2215(d)); or 


kjohnson on DSK79L0C42PROD with BILLS
139 

•HR 7575 RH

1 (C) a review conducted under section 216 of 

2 the Flood Control Act of 1970 (33 U.S.C. 549a), 

3 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 as11 sistance project or program of the Corps of Engineers. 

12 SEC. 302. ABANDONED AND INACTIVE NONCOAL MINE RES13 TORATION. 

14 Section 560(f) of the Water Resources Development Act 

15 of 1999 (33 U.S.C. 2336(f)) is amended by striking 

16 ‘‘$20,000,000’’ and inserting ‘‘$30,000,000’’. 

17 SEC. 303. TRIBAL PARTNERSHIP PROGRAM. 

18 Section 203(b)(4) of the Water Resources Development 

19 Act of 2000 (33 U.S.C. 2269) is amended by striking 

20 ‘‘$12,500,000’’ each place it appears and inserting 

21 ‘‘$15,000,000’’. 

22 SEC. 304. LAKES PROGRAM. 

23 Section 602(a) of the Water Resources Development 

24 Act of 1986 (Public Law 99–662, 100 Stat. 4148; 110 Stat. 

25 3758; 113 Stat. 295; 121 Stat. 1076) is amended— 


kjohnson on DSK79L0C42PROD with BILLS
140 

•HR 7575 RH

1 (1) in paragraph (27), by striking ‘‘and’’ at the 

2 end; 

3 (2) in paragraph (28), by striking the period at 

4 the end and inserting a semicolon; and 

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

6 ‘‘(29) Ellis Pond and Guild Pond, Norwood, 

7 Massachusetts; and 

8 ‘‘(30) Memorial Pond, Walpole, Massachusetts.’’. 

9 SEC. 305. WATERCRAFT INSPECTION STATIONS. 

10 Section 104(d)(1)(A) of the River and Harbor Act of 

11 1958 (33 U.S.C. 610(d)(1)(A)) is amended— 

12 (1) in clause (ii), by striking ‘‘; and’’ and insert13 ing a semicolon; 

14 (2) in clause (iii), by striking ‘‘Arizona River 

15 Basins.’’ and inserting ‘‘Arkansas River Basins; 

16 and’’; and 

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

18 ‘‘(iv) to protect the Russian River 

19 Basin, California.’’. 

20 SEC. 306. CHESAPEAKE BAY ENVIRONMENTAL RESTORA21 TION AND PROTECTION PROGRAM. 

22 (a) IN GENERAL.—Section 510 of the Water Resources 

23 Development Act of 1996 (Public Law 104–303, 110 Stat. 

24 3759; 121 Stat. 1202; 128 Stat. 1317) is amended— 


kjohnson on DSK79L0C42PROD with BILLS
141 

•HR 7575 RH

1 (1) by redesignating subsection (h) as subsection 

2 (i) and inserting after subsection (g) the following: 

3 ‘‘(h) PROJECT CAP.—The total cost of a project carried 

4 out under this section may not exceed $15,000,000.’’; and 

5 (2) in subsection (i) (as so redesignated), by 

6 striking ‘‘$40,000,000’’ and inserting ‘‘$60,000,000’’. 

7 (b) OUTREACH AND TRAINING.—The Secretary shall 

8 conduct public outreach and workshops for non-Federal in9 terests to provide information on the Chesapeake Bay envi10 ronmental restoration and protection program established 

11 under section 510 of the Water Resources Development Act 

12 of 1996, including how to participate in the program. 

13 SEC. 307. UPPER MISSISSIPPI RIVER SYSTEM ENVIRON14 MENTAL MANAGEMENT PROGRAM. 

15 Section 1103(e)(3) of the Water Resources Development 

16 Act of 1986 (33 U.S.C. 652(e)(3)) is amended by striking 

17 ‘‘$22,750,000’’ and inserting ‘‘$40,000,000’’. 

18 SEC. 308. MCCLELLAN-KERR ARKANSAS RIVER NAVIGATION 

19 SYSTEM. 

20 Any Federal funds, regardless of the account from 

21 which the funds were provided, used to carry out construc22 tion of the modification to the McClellan-Kerr Arkansas 

23 River Navigation System, authorized in section 136 of the 

24 Energy and Water Development Appropriations Act, 2004 

25 (117 Stat. 1842), shall be considered by the Secretary as 


kjohnson on DSK79L0C42PROD with BILLS
142 

•HR 7575 RH

1 initiating construction of the project such that future funds 

2 will not require a new investment decision. 

3 SEC. 309. OUACHITA-BLACK RIVER NAVIGATION PROJECT, 

4 ARKANSAS. 

5 The project for navigation, Ouachita-Black River, Ar6 kansas, authorized by section 101 of the River and Harbor 

7 Act of 1960 (Public Law 86–645), is modified to include 

8 water supply as a project purpose, subject to completion 

9 by the Secretary of a feasibility study and any other review 

10 necessary for such modification. 

11 SEC. 310. SACRAMENTO RIVER, GLENN-COLUSA, CALI12 FORNIA. 

13 The portion of project for flood control, Sacramento 

14 River, California, authorized by section 2 of the Act of 

15 March 1, 1917 (chapter 144, 39 Stat. 949; 103 Stat. 649; 

16 110 Stat. 3709; 112 Stat. 1841; 113 Stat. 299), consisting 

17 of a riverbed gradient restoration facility at the Glenn18 Colusa Irrigation District Intake, is no longer authorized 

19 beginning on the date of enactment of this Act. 

20 SEC. 311. LAKE ISABELLA, CALIFORNIA. 

21 (a) SENSE OF CONGRESS.—It is the sense of Congress 

22 that the Secretary, when evaluating alternative locations for 

23 construction of a permanent Isabella Lake Visitor Center 

24 by the Corps of Engineers to replace the facility impacted 

25 by the Isabella Dam safety modification project, should afVerDate Sep 11 2014 22:18 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00142 Fmt 6652 Sfmt 6203 E:\BILLS\H7575.RH H7575

kjohnson on DSK79L0C42PROD with BILLS
143 

•HR 7575 RH

1 ford substantial weight to the site preference of the local 

2 community. 

3 (b) AUTHORITY.—The Secretary may acquire such in4 terests in real property as the Secretary determines nec5 essary or advisable to support construction of the Isabella 

6 Dam safety modification project. 

7 (c) TRANSFER.—The Secretary may transfer any real 

8 property interests acquired under subsection (b) to any 

9 other Federal agency or department without reimburse10 ment. 

11 (d) ISABELLA DAM SAFETY MODIFICATION PROJECT

12 DEFINED.—In this section, the term ‘‘Isabella Dam safety 

13 modification project’’ means the dam safety modification 

14 project at the Isabella Reservoir in the San Joaquin Valley, 

15 California (authorized by Act of December 22, 1944 (chap16 ter 665, 58 Stat. 901)), including the component of the 

17 project relating to construction a visitor center facility. 

18 SEC. 312. LOWER SAN JOAQUIN RIVER FLOOD CONTROL 

19 PROJECT. 

20 The Secretary shall align the schedules of, and maxi21 mize complimentary efforts, minimize duplicative practices, 

22 and ensure coordination and information sharing with re23 spect to— 

24 (1) the project for flood risk management, Lower 

25 San Joaquin River, authorized by section 1401(2) of 


kjohnson on DSK79L0C42PROD with BILLS
144 

•HR 7575 RH

1 the Water Resources Development Act of 2018 (132 

2 Stat. 3836); and 

3 (2) the second phase of the feasibility study for 

4 the Lower San Joaquin River project for flood risk 

5 management, authorized for expedited completion by 

6 section 1203(a)(7) of the Water Resources Develop7 ment Act 2018 (132 Stat. 3803). 

8 SEC. 313. SAN DIEGO RIVER AND MISSION BAY, SAN DIEGO 

9 COUNTY, CALIFORNIA. 

10 The portion of the project for flood control and naviga11 tion, San Diego River and Mission Bay, San Diego County, 

12 California, authorized by the Act of July 24, 1946 (chapter 

13 595, 60 Stat. 636), identified in the National Levee Data14 base established under section 9004 of the Water Resources 

15 Development Act of 2007 (33 U.S.C. 3303) as the San Diego 

16 River 3 segment and consisting of a 785-foot-long segment 

17 of the right bank levee from Station 209+41.75 to its end 

18 at Station 217+26.75, as described in construction plans 

19 dated August 30, 1951, is no longer authorized beginning 

20 on the date of enactment of this Act. 

21 SEC. 314. SAN FRANCISCO, CALIFORNIA, WATERFRONT 

22 AREA. 

23 (a) IN GENERAL.—Section 114 of the River and Har24 bor Act of 1968 (33 U.S.C. 59h) is amended to read as fol25 lows: 


kjohnson on DSK79L0C42PROD with BILLS
145 

•HR 7575 RH

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 along 

15 said parallel line and its northerly prolongation, to a point 

16 of intersection with a line parallel with, and distant 10 

17 feet northerly from, the existing northerly boundary of Pier 

18 30–32; thence westerly along last said parallel line to its 

19 intersection with said Pierhead line; thence northerly along 

20 said Pierhead line, to the intersection of the easterly right 

21 of way line of Van Ness Avenue, formerly Marlette Street, 

22 prolongation to the Pierhead line. 

23 ‘‘(b) REQUIREMENT THAT AREA BE IMPROVED.—The 

24 declaration of nonnavigability under subsection (a) applies 

25 only to those parts of the area described in subsection (a) 

26 that are or will be bulkheaded, filled, or otherwise occupied 


kjohnson on DSK79L0C42PROD with BILLS
146 

•HR 7575 RH

1 or covered by permanent structures and does not affect the 

2 applicability of any Federal statute or regulation that re3 lates to filling of navigable waters or to other regulated ac4 tivities within the area described in subsection (a), includ5 ing sections 9 and 10 of the Act of March 3, 1899 (33 U.S.C. 

6 401, 403), section 404 of the Federal Water Pollution Con7 trol Act, and the National Environmental Policy Act of 

8 1969. 

9 ‘‘(c) INCLUSION OF EMBARCADERO HISTORIC DIS10 TRICT.—Congress finds and declares that the area described 

11 in subsection (a) contains the seawall, piers, and wharves 

12 that comprise the Embarcadero Historic District listed on 

13 the National Register of Historic Places on May 12, 2006.’’. 

14 (b) CONFORMING AMENDMENT.—Section 5052 of the 

15 Water Resources Development Act of 2007 (33 U.S.C. 59h– 

16 1) is repealed. 

17 SEC. 315. WESTERN PACIFIC INTERCEPTOR CANAL, SAC18 RAMENTO RIVER, CALIFORNIA. 

19 The portion of the project for flood protection on the 

20 Sacramento River, authorized by section 2 of the of March 

21 1, 1917 (chapter 144, 39 Stat. 949; 45 Stat. 539; 50 Stat. 

22 877; 55 Stat. 647; 80 Stat. 1422), consisting of the portion 

23 of the levee from GPS coordinate N2147673.584 

24 E6690904.187 to N2147908.413 E6689057.060 associated 

25 with the Western Pacific Interceptor Canal, is no longer 


kjohnson on DSK79L0C42PROD with BILLS
147 

•HR 7575 RH

1 authorized beginning on the date of the enactment of this 

2 Act. 

3 SEC. 316. RIO GRANDE ENVIRONMENTAL MANAGEMENT 

4 PROGRAM, COLORADO, NEW MEXICO, AND 

5 TEXAS. 

6 Section 5056(f) of the Water Resources Development 

7 Act of 2007 (Public Law 110–114, 121 Stat. 1213; 128 Stat. 

8 1314) is amended by striking ‘‘2019’’ and inserting ‘‘2029’’. 

9 SEC. 317. NEW LONDON HARBOR WATERFRONT CHANNEL, 

10 CONNECTICUT. 

11 (a) IN GENERAL.—The portion of the project for navi12 gation, New London Harbor, Connecticut, authorized by the 

13 first section of the Act of June 13, 1902 (chapter 1079, 32 

14 Stat. 333), described in subsection (b) is no longer author15 ized beginning on the date of enactment of this Act. 

16 (b) AREA DESCRIBED.—The area referred to in sub17 section (a) is generally the portion between and around the 

18 2 piers at the State Pier in New London, specifically the 

19 area— 

20 (1) beginning at a point N691263.78, 

21 E1181259.26; 

22 (2) running N 35°01’50.75’’ W about 955.59 feet 

23 to a point N692046.26, E1180710.74; 

24 (3) running N 54°58’06.78’’ E about 100.00 feet 

25 to a point N692103.66, E1180792.62; 


kjohnson on DSK79L0C42PROD with BILLS
148 

•HR 7575 RH

1 (4) running S 35°01’50.75’’ E about 989.8 feet 

2 to a point N691293.17, E1181360.78; and 

3 (5) running S 73°51’15.45’’ W about 105.69 feet 

4 to the point described in paragraph (1). 

5 SEC. 318. WASHINGTON HARBOR, DISTRICT OF COLUMBIA. 

6 Beginning on the date of enactment of this Act, the 

7 project for navigation, Washington Harbor, District of Co8 lumbia, authorized by the Act of August 30, 1935 (chapter 

9 831, 49 Stat. 1031), is modified to reduce, in part, the au10 thorized dimensions of the project, such that the remaining 

11 authorized dimensions are as follows: 

12 (1) A 200 foot wide, 15 foot deep channel with 

13 a center line beginning at a point East 1,317,064.30 

14 and North 440,373.32, thence to a point East 

15 1,316,474.30 and North 440,028.31, thence to a point 

16 East 1,315,584.30 and North 439,388.30, thence to a 

17 point East 1,315,259.31 and North 438,908.30. 

18 (2) A transition area 200 foot wide to 300 foot 

19 wide, 15 foot deep, with a center line beginning at a 

20 point East 1,315,259.31 and North 438,908.30 to a 

21 point East 1,315,044.31 and North 438,748.30. 

22 (3) A 300 foot wide, 15 foot deep channel with 

23 a centerline beginning a point East 1,315,044.31 and 

24 North 438,748.30, thence to a point East 1,314,105.31 

25 and North 438,124.79, thence to a point East 


kjohnson on DSK79L0C42PROD with BILLS
149 

•HR 7575 RH

1 1,311,973.30 and North 438,807.78, thence to a point 

2 East 1,311,369.73 and North 438,577.42, thence to a 

3 point East 1,311,015.73 and North 438,197.57, thence 

4 to a point East 1,309,713.47 and North 435,678.91. 

5 (4) A transition area 300 foot wide to 400 foot 

6 wide, 15 foot deep to 24 foot deep, with a center line 

7 beginning at a point East 1,309,713.47 and North 

8 435,678.91 to a point East 1,307,709.33 and North 

9 434,488.25. 

10 (5) A 400 foot wide, 24 foot deep channel with 

11 a centerline beginning at a point East 1,307,709.33 

12 and North 434,488.25, thence to a point East 

13 1,307,459.33 and North 434,173.25, thence to a point 

14 East 1,306,476.82 and North 1,306,476.82, thence to 

15 a point East 1,306,209.79 and North 431,460.21, 

16 thence to a point at the end of the channel near 

17 Hains Point East 1,305,997.63 and North 429,978.31. 

18 SEC. 319. CENTRAL EVERGLADES, FLORIDA. 

19 The project for ecosystem restoration, Central Ever20 glades, authorized by section 1401(4) of the Water Resources 

21 Development Act of 2016 (130 Stat. 1713), is modified to 

22 include the project for ecosystem restoration, Central and 

23 Southern Florida, Everglades Agricultural Area, authorized 

24 by section 1308 of the Water Resources Development Act 


kjohnson on DSK79L0C42PROD with BILLS
150 

•HR 7575 RH

1 of 2018 (132 Stat. 3819), and to authorize the Secretary 

2 to carry out the project as so combined. 

3 SEC. 320. MIAMI RIVER, FLORIDA. 

4 The portion of the project for navigation, Miami River, 

5 Florida, authorized by the Act of July 3, 1930 (46 Stat. 

6 925; 59 Stat. 16; 74 Stat. 481; 100 Stat. 4257), beginning 

7 at the existing railroad bascule bridge and extending ap8 proximately 1,000 linear feet upstream to an existing salin9 ity barrier and flood control structure, is no longer author10 ized beginning on the date of enactment of this Act. 

11 SEC. 321. TAYLOR CREEK RESERVOIR AND LEVEE L–73 (SEC12 TION 1), UPPER ST. JOHNS RIVER BASIN, 

13 FLORIDA. 

14 The portions of the project for flood control and other 

15 purposes, Central and Southern Florida, authorized by sec16 tion 203 of the Flood Control Act of 1948 (62 Stat. 1176), 

17 consisting of the Taylor Creek Reservoir and Levee L–73, 

18 Section 1, within the Upper St. Johns River Basin, Flor19 ida, are no longer authorized beginning on the date of en20 actment of this Act. 

21 SEC. 322. CALCASIEU RIVER AND PASS, LOUISIANA. 

22 Not later than 120 days after the date of enactment 

23 of this Act, the Secretary shall provide to the Committee 

24 on Transportation and Infrastructure of the House of Rep25 resentatives and the Committee on Environment and Public 


kjohnson on DSK79L0C42PROD with BILLS
151 

•HR 7575 RH

1 Works of the Senate a report on plans to modify the 

2 Calcasieu River and Pass Dredged Material Management 

3 Plan and Supplemental Environmental Impact Statement 

4 (December 16, 2010 DMMP/SEIS) to allow for the expan5 sion of Dredged Material Placement Facilities (DMPFs) 17, 

6 19, 22, D, and E to the lakeside foreshore rock boundaries 

7 during planned rehabilitation of these facilities. 

8 SEC. 323. SAN JUAN-CHAMA PROJECT; ABIQUIU DAM, NEW 

9 MEXICO. 

10 (a) ABIQUIU RESERVOIR.—Section 5(b) of Public Law 

11 97–140 (43 U.S.C. 620a note) is amended by striking ‘‘a 

12 total of two hundred thousand acre-feet of’’. 

13 (b) WATER STORAGE AT ABIQUIU DAM, NEW MEX14 ICO.—Section 1 of Public Law 100–522 (43 U.S.C. 620a 

15 note) is amended— 

16 (1) by striking ‘‘200,000 acre-feet of’’; 

17 (2) by inserting ‘‘and San Juan-Chama project’’ 

18 after ‘‘Rio Grande system’’; and 

19 (3) by striking ‘‘, in lieu of the water storage au20 thorized by section 5 of Public Law 97–140, to the ex21 tent that contracting entities under section 5 of Pub22 lic Law 97–140 no longer require such storage’’. 

23 (c) WATER STORAGE.—The Secretary shall— 

24 (1) store up to elevation 6230.00 NGVD29 at 

25 Abiquiu Dam, New Mexico, to the extent that the necVerDate Sep 11 2014 22:18 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6203 E:\BILLS\H7575.RH H7575

kjohnson on DSK79L0C42PROD with BILLS
152 

•HR 7575 RH

1 essary real property interests have been acquired by 

2 any entity requesting such storage; and 

3 (2) amend the March 20, 1986, contract between 

4 the United States of America and the Albuquerque 

5 Bernalillo County Water Utility Authority (assigned 

6 by the City of Albuquerque, New Mexico to the Albu7 querque Bernalillo County Water Utility Authority) 

8 for water storage space in Abiquiu Reservoir to allow 

9 for storage by the Albuquerque Bernalillo County 

10 Water Utility Authority of San Juan-Chama project 

11 water or native Rio Grande system water up to ele12 vation 6230.00 NGVD29. 

13 (d) STORAGE AGREEMENTS WITH USERS OTHER

14 THAN THE ALBUQUERQUE BERNALILLO COUNTY WATER

15 UTILITY AUTHORITY.—The Secretary shall— 

16 (1) retain or enter into new agreements with en17 tities for a proportionate allocation of 29,100 acre-feet 

18 of storage space pursuant to section 5 of Public Law 

19 97–140; and 

20 (2) amend or enter into new storage agreements 

21 for storage of San Juan-Chama project water or na22 tive Rio Grande system water up to the space allo23 cated for each entity’s proportionate share of San 

24 Juan-Chama water. 


kjohnson on DSK79L0C42PROD with BILLS
153 

•HR 7575 RH

1 (e) OPERATIONS DOCUMENTS.—The Secretary shall 

2 amend or revise any existing operations documents, includ3 ing the Water Control Manual or operations plan for 

4 Abiquiu Reservoir, as necessary to meet the requirements 

5 of this section. 

6 (f) LIMITATIONS.—In carrying out this section, the fol7 lowing limitations shall apply: 

8 (1) The storage of native Rio Grande system 

9 water shall be subject to the provisions of the Rio 

10 Grande Compact and the resolutions of the Rio 

11 Grande Compact Commission. 

12 (2) The storage of native Rio Grande system 

13 water shall only be authorized to the extent that the 

14 necessary water ownership and storage rights have 

15 been acquired by the entity requesting such storage. 

16 (3) The storage of native Rio Grande system 

17 water or San-Juan Chama project water shall not 

18 interfere with the authorized purposes of the Abiquiu 

19 Dam and Reservoir project. 

20 (4) Each user of storage space, regardless of 

21 source of water, shall pay for any increase in costs at22 tributable to storage of that user’s water. 


kjohnson on DSK79L0C42PROD with BILLS
154 

•HR 7575 RH

1 SEC. 324. 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, Lit6 tle Narragansett Bay and Watch Hill Cove, Rhode Island 

7 and Connecticut, authorized by section 2 of the Act of 

8 March 2, 1945 (chapter 19, 59 Stat. 13), consisting of a 

9 10-foot deep, 16-acre anchorage area in Watch Hill Cove 

10 is no longer authorized. 

11 SEC. 325. HARRIS COUNTY, TEXAS. 

12 Section 575 of the Water Resources Development Act 

13 of 1996 (110 Stat. 3789) is repealed. 

14 SEC. 326. 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), is 

19 modified to deauthorize the portion of the project consisting 

20 of an approximately 334,434 foot area of the Federal chan21 nel within Anacortes Harbor inside and directly adjacent 

22 to the Federal breakwater and training wall structure, 

23 starting at a point with coordinates N557015.552, 

24 E1210819.619, thence running S88 13’2.06’’E approxi25 mately 200 feet to a point with coordinates N557009.330, 

26 E1211019.522, thence running S01 46’58.08’’W approxiVerDate Sep 11 2014 22:18 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00154 Fmt 6652 Sfmt 6203 E:\BILLS\H7575.RH H7575

kjohnson on DSK79L0C42PROD with BILLS
155 

•HR 7575 RH

1 mately 578 feet to a point with coordinates N556431.405, 

2 E1211001.534, thence running S49 49’50.23’’W approxi3 mately 69 feet to a point with coordinates N556387.076, 

4 E1210949.002, thence running S51 53’0.25’’E approxi5 mately 35 feet to a point with coordinates N556365.662, 

6 E1210976.316, thence running S49 38’58.48’’W approxi7 mately 112 feet to a point with coordinates N556292.989, 

8 E1210890.775, thence running N88 13’1.87’’W approxi9 mately 109 feet to a point with coordinates N556296.367, 

10 E1210782.226, thence running S46 46’58.97’’W approxi11 mately 141 feet to a point with coordinates N556199.527, 

12 E1210679.164, thence running N88 13’1.77’’W approxi13 mately 700 feet to a point with coordinates N556221.305, 

14 E1209979.502, thence running N01 46’58.08’’E approxi15 mately 250 feet to a point with coordinates N556471.184, 

16 E1209987.280, thence running S88 13’1.77’’E approxi17 mately 815 feet to a point with coordinates N556445.828, 

18 E1210801.886, thence running N01 46’58.08’’E approxi19 mately 570 feet to the point of origin. 

20 SEC. 327. REGIONAL SEDIMENT MANAGEMENT. 

21 The Secretary shall expedite the activities required to 

22 be carried out under section 204 of the Water Resources De23 velopment Act of 1992 (33 U.S.C. 2326) regarding the use 

24 of improvement dredging of the Portsmouth Federal naviga25 tion project in Portsmouth, New Hampshire, as a source 


kjohnson on DSK79L0C42PROD with BILLS
156 

•HR 7575 RH

1 of clean beach fill material to reinforce the stone revetment 

2 at Nantasket Beach, Hull, Massachusetts. 

3 SEC. 328. ADDITIONAL ASSISTANCE FOR CRITICAL 

4 PROJECTS. 

5 (a) CONSISTENCY WITH REPORTS.—Congress finds 

6 that the project modifications described in this section are 

7 in accordance with the reports submitted to Congress by the 

8 Secretary under section 7001 of the Water Resources Reform 

9 and Development Act of 2014 (33 U.S.C. 2282d), titled ‘‘Re10 port to Congress on Future Water Resources Development’’, 

11 or have otherwise been reviewed by Congress. 

12 (b) MODIFICATIONS.— 

13 (1) SACRAMENTO AREA, CALIFORNIA.—Section 

14 219(f)(23) of the Water Resources Development Act of 

15 1992 (106 Stat. 4835; 113 Stat. 336; 117 Stat. 1840) 

16 is amended to read as follows: 

17 ‘‘(23) SACRAMENTO AREA, CALIFORNIA.— 

18 $45,000,000 for regional water conservation, recy19 cling, reliability, and resiliency projects in Placer, El 

20 Dorado, and Sacramento Counties and the San Juan 

21 Suburban Water District, California.’’. 

22 (2) SOUTH PERRIS, CALIFORNIA.—Section 

23 219(f)(52) of the Water Resources Development Act of 

24 1992 (106 Stat. 4835; 113 Stat. 336; 114 Stat. 


kjohnson on DSK79L0C42PROD with BILLS
157 

•HR 7575 RH

1 2763A–220) is amended by striking ‘‘$25,000,000’’ 

2 and inserting ‘‘$50,000,000’’. 

3 (3) MADISON AND ST. CLAIR COUNTIES, ILLI4 NOIS.—Section 219(f)(55) of the Water Resources De5 velopment Act of 1992 (106 Stat. 4835; 113 Stat. 335; 

6 114 Stat. 2763A–221) is amended by striking 

7 ‘‘$10,000,000’’ and inserting ‘‘$45,000,000’’. 

8 (4) SOUTHERN AND EASTERN KENTUCKY.—Sec9 tion 531 of the Water Resources Development Act of 

10 1996 (110 Stat. 3773; 113 Stat. 348; 117 Stat. 142; 

11 121 Stat. 1226) is amended— 

12 (A) in subsection (g), by inserting ‘‘Boyd, 

13 Carter, Elliott, Lincoln,’’ after ‘‘Lee,’’; and 

14 (B) in subsection (h), by striking 

15 ‘‘$40,000,000’’ and inserting ‘‘$80,000,000’’. 

16 (5) DESOTO COUNTY, MISSISSIPPI.—Section 

17 219(f)(30) of the Water Resources Development Act of 

18 1992 (106 Stat. 4835; 113 Stat. 336; 114 Stat. 

19 2763A–220; 119 Stat. 282; 119 Stat. 2257; 122 Stat. 

20 1623) is amended by striking ‘‘$75,000,000’’ and in21 serting ‘‘$130,000,000’’. 

22 (6) JACKSON COUNTY, MISSISSIPPI.—Section 

23 219(e)(1) of the Water Resources Development Act of 

24 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 1494; 


kjohnson on DSK79L0C42PROD with BILLS
158 

•HR 7575 RH

1 121 Stat. 1258) is amended by striking 

2 ‘‘$32,500,000’’ and inserting ‘‘$57,500,000’’. 

3 (7) ST. LOUIS, MISSOURI.—Section 219(f)(32) of 

4 the Water Resources Development Act of 1992 (106 

5 Stat. 4835; 113 Stat. 337; 121 Stat. 1233) is amend6 ed by striking ‘‘$35,000,000’’ and inserting 

7 ‘‘$70,000,000’’. 

8 (8) MIDWEST CITY, OKLAHOMA.—Section 

9 219(f)(231) of the Water Resources Development Act 

10 of 1992 (106 Stat. 4835; 113 Stat. 336; 121 Stat. 

11 1266) is amended by striking ‘‘$2,000,000’’ and in12 serting ‘‘$5,000,000’’. 

13 (9) SOUTH CENTRAL PENNSYLVANIA.—Section 

14 313 of the Water Resources Development Act of 1992 

15 (106 Stat. 4845; 109 Stat. 407; 110 Stat. 3723; 113 

16 Stat. 310; 117 Stat. 142; 121 Stat. 1146) is amend17 ed— 

18 (A) in subsection (g)(1), by striking 

19 ‘‘$200,000,000’’ and inserting ‘‘$400,000,000’’; 

20 and 

21 (B) in subsection (h)(2), by inserting ‘‘Bea22 ver, Jefferson,’’ after ‘‘Washington,’’. 

23 (10) LAKES MARION AND MOULTRIE, SOUTH

24 CAROLINA.—Section 219(f)(25) of the Water Resources 

25 Development Act of 1992 (106 Stat. 4835; 113 Stat. 


kjohnson on DSK79L0C42PROD with BILLS
159 

•HR 7575 RH

1 336; 114 Stat. 2763A–220; 117 Stat. 1838; 130 Stat. 

2 1677; 132 Stat. 3818) is amended by striking 

3 ‘‘$89,550,000’’ and inserting ‘‘$110,000,000’’. 

4 (11) EL PASO COUNTY, TEXAS.—Section 

5 219(f)(269) of the Water Resources Development Act 

6 of 1992 (106 Stat. 4835; 113 Stat. 336; 121 Stat. 

7 1268) is amended by striking ‘‘$25,000,000’’ and in8 serting ‘‘$75,000,000’’. 

9 (12) WESTERN RURAL WATER.—Section 595 of 

10 the Water Resources Development Act of 1999 (113 

11 Stat. 383; 117 Stat. 139; 117 Stat. 142; 117 Stat. 

12 1836; 118 Stat. 440; 121 Stat. 1219; 123 Stat. 2851; 

13 128 Stat. 1316; 130 Stat. 1681) is amended— 

14 (A) by striking the section heading and in15 serting ‘‘WESTERN RURAL WATER.’’; 

16 (B) in subsections (b) and (c), by inserting 

17 ‘‘Arizona,’’ before ‘‘Idaho’’ each place it appears; 

18 and 

19 (C) in subsection (i), by striking ‘‘for the 

20 period beginning with fiscal year 2001, 

21 $435,000,000, to remain available until ex22 pended.’’ and inserting the following: ‘‘, to re23 main available until expended— 


kjohnson on DSK79L0C42PROD with BILLS
160 

•HR 7575 RH

1 ‘‘(1) for the period beginning with fiscal year 

2 2001, $435,000,000 for Idaho, Montana, rural Ne3 vada, New Mexico, rural Utah, and Wyoming; and 

4 ‘‘(2) $150,000,000 for Arizona.’’. 

5 (13) CENTRAL WEST VIRGINIA.—Section 571(h) 

6 of the Water Resources Development Act of 1999 (113 

7 Stat. 371; 121 Stat. 1257) is amended by striking 

8 ‘‘$20,000,000’’ and inserting ‘‘$40,000,000’’. 

9 (14) SOUTHERN WEST VIRGINIA.—Section 340(g) 

10 of the Water Resources Development Act of 1992 (106 

11 Stat. 4856; 110 Stat. 3727; 113 Stat. 320) is amend12 ed by striking ‘‘$40,000,000’’ and inserting 

13 ‘‘$120,000,000’’. 

14 (c) LOWELL CREEK TUNNEL, SEWARD, ALASKA.—Sec15 tion 5032(a)(2) of the Water Resources Development Act of 

16 2007 (Public Law 110–114, 121 Stat. 1205) is amended 

17 by striking ‘‘15’’ and inserting ‘‘20’’. 

18 SEC. 329. PROJECT MODIFICATION AUTHORIZATIONS. 

19 (a) WATER SUPPLY.—The following project modifica20 tions for water supply, as identified in the report entitled 

21 ‘‘Report to Congress on Future Water Resources Develop22 ment’’ dated February 2019, and submitted to Congress on 

23 June 3, 2019, pursuant to section 7001 of the Water Re24 sources Reform and Development Act of 2014 (33 U.S.C. 

25 2282d) or otherwise reviewed by Congress, are authorized 


kjohnson on DSK79L0C42PROD with BILLS
161 

•HR 7575 RH

1 to be carried out by the Secretary substantially in accord2 ance with the recommendations, included in such report 

3 pursuant to section 301(c) of the Water Supply Act of 1958 

4 (43 U.S.C. 390b(c)): 

5 (1) The project modification for the State of Mis6 souri, Clarence Cannon Dam and Mark Twain Lake 

7 Project Salt River, Missouri. 

8 (2) The project modification for the City of 

9 Plattsburg, Smithville Lake, Missouri. 

10 (3) The project modification for the City of 

11 Smithville, Smithville Lake, Missouri. 

12 (b) FLOOD RISK MANAGEMENT.—The following project 

13 modifications for flood risk management, as identified in 

14 a report entitled ‘‘Report to Congress on Future Water Re15 sources Development’’, and submitted to Congress pursuant 

16 to section 7001 of the Water Resources Reform and Develop17 ment Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed 

18 by Congress, are authorized to be carried out by the Sec19 retary: 

20 (1) Modification of the project for flood risk 

21 management, lower Mississippi River, authorized by 

22 the Act of May 15, 1928 (chapter 569, 45 Stat. 534), 

23 to incorporate the Wolf River Backwater and 

24 Nonconnah Creek levee systems into the project, au25 thorized by section 5 of the Act of June 22, 1936 


kjohnson on DSK79L0C42PROD with BILLS
162 

•HR 7575 RH

1 (chapter 688, 49 Stat. 1575; 50 Stat. 881), subject to 

2 the determination of the Secretary that such systems 

3 meet all requirements applicable to such project. 

4 (2) Modification of the project for flood risk 

5 management, Red River below Denison Dam, Arkan6 sas, Louisiana, and Texas, authorized by the Act of 

7 June 28, 1938 (chapter 795, 52 Stat. 1219), to incor8 porate the Cherokee Park Levee into the project, sub9 ject to the determination of the Secretary that such 

10 levee meets all requirements applicable to such 

11 project. 

12 SEC. 330. APPLICATION OF CREDIT. 

13 Section 7007(d) of the Water Resources Development 

14 Act of 2007 (121 Stat. 1277; 128 Stat. 1226) is amended 

15 by inserting ‘‘, or may be applied to reduce the amounts 

16 required to be paid by the non-Federal interest under the 

17 terms of the deferred payment agreements entered into be18 tween the Secretary and the non-Federal interest for the 

19 projects authorized by section 7012(a)(1)’’ before the period 

20 at the end. 

21 SEC. 331. PROJECT REAUTHORIZATIONS. 

22 (a) IN GENERAL.— 

23 (1) MUDDY RIVER, MASSACHUSETTS.—The sepa24 rable elements for ecosystem restoration of the project 

25 for flood damage reduction and environmental resVerDate Sep 11 2014 22:18 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00162 Fmt 6652 Sfmt 6203 E:\BILLS\H7575.RH H7575

kjohnson on DSK79L0C42PROD with BILLS
163 

•HR 7575 RH

1 toration, Muddy River, Brookline and Boston, Massa2 chusetts, authorized by section 522 of the Water Re3 sources Development Act of 2000 (114 Stat. 2656), 

4 and deauthorized pursuant to section 6001 of the 

5 Water Resources Reform and Development Act of 

6 2014 (128 Stat. 1345), are authorized to be carried 

7 out by the Secretary, subject to subsection (b). 

8 (2) EAST CHESTER CREEK, NEW YORK.—Not9 withstanding section 1001 of the Water Resources De10 velopment Act of 1986 (33 U.S.C. 579a), the project 

11 for navigation, East Chester Creek, New York, author12 ized by section 101 of the River and Harbor Act of 

13 1950 (64 Stat. 164; 100 Stat. 4181), and deauthor14 ized pursuant to section 1001 of the Water Resources 

15 Development Act of 1986 (33 U.S.C. 579(a)), is au16 thorized to be carried out by the Secretary, subject to 

17 subsection (b). 

18 (3) CHRISTIANSTED HARBOR, UNITED STATES

19 VIRGIN ISLANDS.—Notwithstanding section 1002 of 

20 the Water Resources Development Act of 1986 (100 

21 Stat. 4221), the portion of the project for navigation, 

22 Christiansted Harbor, St. Croix, United States Virgin 

23 Islands, authorized by section 101 of the River and 

24 Harbor Act of 1950 (64 Stat. 167), and deauthorized 

25 under section 1002 of the Water Resources DevelopVerDate Sep 11 2014 22:18 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00163 Fmt 6652 Sfmt 6203 E:\BILLS\H7575.RH H7575

kjohnson on DSK79L0C42PROD with BILLS
164 

•HR 7575 RH

1 ment Act of 1986 (100 Stat. 4221), is authorized to 

2 be carried out by the Secretary, subject to subsection 

3 (b). 

4 (4) CHARLOTTE HARBOR, UNITED STATES VIRGIN

5 ISLANDS.—Notwithstanding section 1002 of the Water 

6 Resources Development Act of 1986 (100 Stat. 4221), 

7 the portion of the project for navigation, Charlotte 

8 Amalie (St. Thomas) Harbor, St. Thomas, United 

9 States Virgin Islands, authorized by the Act of August 

10 26, 1937 (chapter 832, 50 Stat. 850), and deauthor11 ized under section 1002 of the Water Resources Devel12 opment Act of 1986 (100 Stat. 4221), is authorized to 

13 be carried out by the Secretary, subject to subsection 

14 (b). 

15 (b) REPORT TO CONGRESS.—The Secretary shall com16 plete and submit to the Committee on Transportation and 

17 Infrastructure of the House of Representatives and the Com18 mittee on Environment and Public Works of the Senate a 

19 post-authorization change report (as such term is defined 

20 in section 1132(d) of the Water Resources Development Act 

21 of 2016 (33 U.S.C. 2282e(d)) prior to carrying out a project 

22 identified in subsection (a). 

23 SEC. 332. CONVEYANCES. 

24 (a) GENERALLY APPLICABLE PROVISIONS.— 


kjohnson on DSK79L0C42PROD with BILLS
165 

•HR 7575 RH

1 (1) SURVEY TO OBTAIN LEGAL DESCRIPTION.— 

2 The exact acreage and the legal description of any 

3 real property to be conveyed under this section shall 

4 be determined by a survey that is satisfactory to the 

5 Secretary. 

6 (2) APPLICABILITY OF PROPERTY SCREENING

7 PROVISIONS.—Section 2696 of title 10, United States 

8 Code, shall not apply to any conveyance under this 

9 section. 

10 (3) COSTS OF CONVEYANCE.—An entity to which 

11 a conveyance is made under this section shall be re12 sponsible for all reasonable and necessary costs, in13 cluding real estate transaction and environmental 

14 documentation costs, associated with the conveyance. 

15 (4) LIABILITY.—An entity to which a conveyance 

16 is made under this section shall hold the United 

17 States harmless from any liability with respect to ac18 tivities carried out, on or after the date of the convey19 ance, on the real property conveyed. The United 

20 States shall remain responsible for any liability with 

21 respect to activities carried out, before such date, on 

22 the real property conveyed. 

23 (5) ADDITIONAL TERMS AND CONDITIONS.—The 

24 Secretary may require that any conveyance under 

25 this section be subject to such additional terms and 


kjohnson on DSK79L0C42PROD with BILLS
166 

•HR 7575 RH

1 conditions as the Secretary considers necessary and 

2 appropriate to protect the interests of the United 

3 States. 

4 (b) EUFAULA, ALABAMA.— 

5 (1) CONVEYANCE AUTHORIZED.—The Secretary 

6 shall convey to the City of Eufaula, Alabama, all 

7 right, title, and interest of the United States in and 

8 to the real property described in the Department of 

9 the Army Lease No. DACW01–2–17–0747, containing 

10 56.76 acres, more or less, and being a part of Tracts 

11 L–1268 (26.12 acres), L–1273 (13.71 acres), L–1278 

12 (6.75 acres), and L1279 (10.36 acres) of the Walter 

13 F. George Lock and Dam and Lake project. 

14 (2) DEED.—The Secretary shall convey the prop15 erty under this subsection by quitclaim deed under 

16 such terms and conditions as the Secretary deter17 mines appropriate to protect the interests of the 

18 United States. 

19 (3) CONSIDERATION.—The City of Eufaula, Ala20 bama, shall pay to the Secretary an amount that is 

21 not less than the fair market value of the property 

22 conveyed under this subsection, as determined by the 

23 Secretary. 

24 (c) MONTGOMERY, ALABAMA.— 


kjohnson on DSK79L0C42PROD with BILLS
167 

•HR 7575 RH

1 (1) CONVEYANCE AUTHORIZED.—The Secretary 

2 shall convey to the City of Montgomery, Alabama, all 

3 right, title, and interest of the United States in and 

4 to the real property described in paragraph (2). 

5 (2) PROPERTY.—The property to be conveyed is 

6 the 62.38 acres of land and water under the primary 

7 jurisdiction of the Secretary in the R.E. ‘‘Bob’’ Wood8 ruff Project Area that is covered by lease number 

9 DACW01–1–05–0037, including the parcels and 

10 structure known as ‘‘Powder Magazine’’. 

11 (3) DEED.—The Secretary shall convey the prop12 erty under this subsection by quitclaim deed under 

13 such terms and conditions as the Secretary deter14 mines appropriate to protect the interests of the 

15 United States, to include retaining the right to inun16 date with water any land transferred under this sub17 section. 

18 (4) CONSIDERATION.—The City of Montgomery, 

19 Alabama, shall pay to the Secretary an amount that 

20 is not less than the fair market value of the property 

21 conveyed under this subsection, as determined by the 

22 Secretary. 

23 (d) OHIO RIVER LOCK AND DAM NUMBER 52, MASSAC

24 COUNTY, ILLINOIS.— 


kjohnson on DSK79L0C42PROD with BILLS
168 

•HR 7575 RH

1 (1) CONVEYANCE AUTHORIZED.—The Secretary 

2 shall convey to the Massac-Metropolis Port District, 

3 Illinois, all right, title, and interest of the United 

4 States in and to any real property located north of 

5 the south bank of the Ohio River in Massac County, 

6 Illinois, that is associated with the Ohio River Lock 

7 and Dam 52. 

8 (2) DEED.—The Secretary shall convey the prop9 erty under this subsection by quitclaim deed under 

10 such terms and conditions as the Secretary deter11 mines appropriate to protect the interests of the 

12 United States. 

13 (3) CONSIDERATION.—The Massac-Metropolis 

14 Port District, Illinois, shall pay to the Secretary an 

15 amount that is not less than fair market value of the 

16 property conveyed under this subsection, as deter17 mined by the Secretary. 

18 (e) CLINTON, MISSOURI.— 

19 (1) CONVEYANCE AUTHORIZED.—The Secretary 

20 shall convey to the City of Clinton, Missouri, without 

21 consideration, all right, title, and interest of the 

22 United States in and to the real property described 

23 in paragraph (2). 

24 (4) PROPERTY.—The property to be conveyed is 

a tract of land situated in the S 1 25 ⁄2 of Section 12 and 


kjohnson on DSK79L0C42PROD with BILLS
169 

•HR 7575 RH

the N 1 1 ⁄2 of Section 13, Township 41 North, Range 26 

2 West of the Fifth Principal Meridian, Henry County, 

3 Missouri, more particularly described as follows: Be4 ginning at the point of intersection of the north line 

of said S 1 5 ⁄2 of Section 12 and the easterly right-of6 way of State Highway No. 13; thence easterly along 

the north line of said S 1 7 ⁄2 to the northeast corner of 

the W 1⁄2 NW 1⁄4 NE 1⁄4 SW 1 8 ⁄4 of said Section 12; 

thence southerly along the east line of said W 1 9 ⁄2 NW 

1⁄4 NE 1⁄4 SW 1 10 ⁄4 to the southeast corner thereof; 

thence easterly along the north line of the S 1 11 ⁄2 NE 

1⁄4 SW 1 12 ⁄4 of said Section 12 to the southwest corner 

of the W 1⁄2 NW 1⁄4 NW 1⁄4 SE 1 13 ⁄4 of said Section 12; 

14 thence in a northeasterly direction to the northeast 

corner of said W 1⁄2 NW 1⁄4 NW 1⁄4 SE 1 15 ⁄4 ; thence 

easterly along the north line of said S 1 16 ⁄2 to the west17 erly right-of-way of the County Road; thence in a 

18 southeasterly and southerly direction along the west19 erly right-of-way of said County Road approximately 

20 2500 feet to the center of Deer Creek; thence in a 

21 southwesterly direction along the center of said Deer 

22 Creek, approximately 3900 feet to the south line of 

said N 1 23 ⁄2 of Section 13; thence westerly along the 

south line of said N 1 24 ⁄2 to the easterly right-of-way 

25 line of the St. Louis-San Francisco Railroad; thence 


kjohnson on DSK79L0C42PROD with BILLS
170 

•HR 7575 RH

1 in a northwesterly direction along the easterly right2 of-way of said railroad to the easterly right-of-way of 

3 said State Highway No. 13; thence in a northeasterly 

4 direction along the easterly right-of-way of said State 

5 Highway No. 13 to the point of the beginning; and 

6 including a roadway easement for ingress and egress, 

7 described as a strip of land 80 feet in width, lying 

8 40 feet on each side of the following described line, the 

9 initial extremities of the following described strip 

10 being extended or reduced as required to exactly ad11 join the boundary lines which they meet, situated in 

the S 1 12 ⁄2 of Section 12, Township 41 North Range 26 

13 West of the Fifth Principal Meridian, Henry County, 

14 Missouri, more particularly described as follows: 

15 Commencing at the center of said Section 12, thence 

16 Sl°24’56’’W, 1265.52 feet to a point, thence 

17 N88°29’02’’W, 483.97 feet to the point of beginning of 

18 the strip of land herein described; thence in a north19 easterly direction along a curve to the right, said 

20 curve having an initial tangent bearing of 

21 N3°44’4l’’E, a radius of 238.73 feet and an interior 

22 angle of 61°29’26’’, an arc distance of 256.21 feet to 

23 a point; thence N65°14’07’’E 218.58 feet to a point; 

24 thence in a northeasterly direction along a curve to 

25 the left, having a radius of 674.07 feet and an inteVerDate Sep 11 2014 22:18 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00170 Fmt 6652 Sfmt 6203 E:\BILLS\H7575.RH H7575

kjohnson on DSK79L0C42PROD with BILLS
171 

•HR 7575 RH

1 rior angle of 36°00’01’’, an arc distance of 423.53 feet 

2 to a point; thence N29°14’07’’E, 417.87 feet to a 

3 point; thence northeasterly along a curve to the right, 

4 having a radius of 818.51 feet and an interior angle 

5 of 14°30’01’’, an arc distance of 207.15 feet to a 

6 point; thence N43°44’07’’E, 57.00 feet to the southerly 

7 right-of-way line of a county road, containing 2,948 

8 acres, more or less; Excluding therefrom a tract of 

land situated in the S 1 9 ⁄2 of said Section 12, said 

10 Township and Range, described as commencing at the 

11 center of said Section 12; thence S1°24’56’’W, 1265.52 

12 feet to the point of beginning of the tract of land here13 in described; thence N88°29’02′′W, 1122.50 feet; thence 

14 S1°43’26′′W, 872.62 feet; thence S88°29’02’’E, 

15 1337.36 feet; thence Nl°43’26’’E, 872.62 feet; thence 

16 N88°29’02’’W, 214.86 feet to the point of beginning, 

17 containing 26.79 acres, more or less. The above de18 scribed tract contains, in the aggregate, 177.69 acres, 

19 more or less. 

20 (2) DEED.—The Secretary shall convey the prop21 erty under this subsection by quitclaim deed under 

22 such terms and conditions as the Secretary deter23 mines appropriate to protect the interests of the 

24 United States. 


kjohnson on DSK79L0C42PROD with BILLS
172 

•HR 7575 RH

1 (3) REVERSION.—If the Secretary determines 

2 that the property conveyed under this subsection is 

3 not being used for a public purpose, all right, title, 

4 and interest in and to the property shall revert, at the 

5 discretion of the Secretary, to the United States. 

6 (f) CITY OF CLINTON, OLD ORCHARD ADDITION, MIS7 SOURI.— 

8 (1) CONVEYANCE AUTHORIZED.—The Secretary 

9 shall convey to the City of Clinton, Missouri, all 

10 right, title, and interest of the United States in and 

11 to the real property described in paragraph (2). 

12 (2) PROPERTY.—The property to be conveyed is 

13 Lot 28 in Old Orchard Addition, a subdivision of the 

14 City of Clinton, Henry County, Missouri, containing 

15 0.36 acres, more or less, including any improvements 

16 thereon. 

17 (3) DEED.—The Secretary shall convey the prop18 erty under this subsection by quitclaim deed under 

19 such terms and conditions as the Secretary deter20 mines appropriate to protect the interests of the 

21 United States, including such reservations, terms, and 

22 conditions as the Secretary determines necessary to 

23 allow the United States to operate and maintain the 

24 Harry S. Truman Reservoir Project. 


kjohnson on DSK79L0C42PROD with BILLS
173 

•HR 7575 RH

1 (4) CONSIDERATION.—The City of Clinton, Mis2 souri, shall pay to the Secretary an amount that is 

3 not less than the fair market value of the property 

4 conveyed under this subsection, as determined by the 

5 Secretary. 

6 (g) TRI-COUNTY LEVEE DISTRICT, MISSOURI.— 

7 (1) CONVEYANCE AUTHORIZED.—The Secretary 

8 shall convey to the Tri-County Levee District, Mis9 souri, all right, title, and interest of the United States 

10 in and to the real property described in paragraph 

11 (2). 

12 (2) PROPERTY.—The property to be conveyed is 

13 the part of Sections 1 and 12 Township 45 North 

14 Range 6 West of the 5th P.M. in Montgomery County, 

15 Missouri, described as follows: A tract of land being 

16 60’ wide and lying South and East of and adjoining 

17 the centerline of the existing levee and being described 

18 as follows: Commencing at the NW corner of Section 

19 12, thence S 87° 52’ 35’’ E 587.4’, thence S 01° 29’ 

20 25’’ W 453.68’ to the point of the beginning; said 

21 point being in the center of the levee, thence with the 

22 centerline of the levee N 77° 01’ 30’’ E 164.92’, thence 

23 N 74° 26’ 55’’ E 250.0’, thence N 72° 27’ 55’’ E 

24 270.0’, thence N 69° 06’ 10’’ E 300.0’, thence N 66° 

25 42’ 15’’ E 500.0’, thence N 64° 14’ 30’’ E 270.0’, 


kjohnson on DSK79L0C42PROD with BILLS
174 

•HR 7575 RH

1 thence N 61° 09’ 10’’ E 800.0’, thence N 60° 58’ 15’’ 

2 E 1724.45’, thence leaving the centerline S 01° 10’ 

3 35’’ W 69.43’, thence parallel with the above described 

4 centerline S 60° 58’ 15’’ W 1689.62’, thence S 61° 09’ 

5 10’’ W 801.71’, thence S 64° 14’ 30’’ W 272.91’, 

6 thence S 66° 42’ 15’’ W 502.55’, thence S 69° 06’ 10’’ 

7 W 303.02’, thence S 72° 27’ 55’’ W 272.8’, thence S 

8 74° 26’ 55’’ W 252.39’, thence S 77° 01’ 30’’ W 

9 181.75’, thence leaving the South side of the levee N 

10 01° 26’ 25’’ E 61.96’ to the point of beginning and 

11 containing 5.89 acres more or less. 

12 (3) DEED.—The Secretary shall convey the prop13 erty under this subsection by quitclaim deed under 

14 such terms and conditions as the Secretary deter15 mines appropriate to protect the interests of the 

16 United States. 

17 (4) CONSIDERATION.—The Tri-County Levee 

18 District, Missouri, shall pay to the Secretary an 

19 amount that is not less than the fair market value of 

20 the property conveyed under this subsection, as deter21 mined by the Secretary. 

22 (h) JUDGE JOSEPH BARKER, JR., HOUSE, OHIO.— 

23 (1) NON-FEDERAL ENTITY.—In this subsection, 

24 the term ‘‘non-Federal entity’’ means the Friends of 


kjohnson on DSK79L0C42PROD with BILLS
175 

•HR 7575 RH

1 Joseph Barker, Jr., House, a nonprofit organization 

2 in the State of Ohio. 

3 (2) CONVEYANCE AUTHORIZED.— 

4 (A) IN GENERAL.—Subject to paragraph 

5 (6), the Secretary shall convey to the non-Federal 

6 entity, without consideration, all right, title, and 

7 interest of the United States in and to the prop8 erty described in paragraph (3)(A). 

9 (B) EASEMENT.—Upon conveyance of the 

10 property under subparagraph (A), the Secretary 

11 shall provide to the non-Federal entity, without 

12 consideration, an easement over the property de13 scribed in paragraph (3)(B) for access to the 

14 conveyed property for as long as the non-Federal 

15 entity is in legal possession of the conveyed prop16 erty. 

17 (3) DESCRIPTIONS OF PROPERTY.— 

18 (A) IN GENERAL.—The property referred to 

19 in paragraph (2)(A) is the following (as in exist20 ence on the date of enactment of this Act): 

21 (i) JUDGE JOSEPH BARKER, JR., 

22 HOUSE.—The tract of land situated in the 

23 State of Ohio, Washington County, on the 

24 Ohio River, and being particularly bounded 

25 and described as follows: Beginning at a 


kjohnson on DSK79L0C42PROD with BILLS
176 

•HR 7575 RH

1 point located on the southern right-of-way 

2 line of Ohio Route 7, a new corner to the 

3 land now or formerly owned by the United 

4 States of America; thence, leaving the right5 of-way of said Route 7 and severing the 

6 land of said United States of America par7 allel to and approximately 10 feet easterly 

8 of the toe of the existing dredge disposal 

9 berm, southeasterly approximately 326 feet 

10 to a point prior to the current Corps of En11 gineers access to the dredging spoil area; 

12 thence, northeasterly approximately 480 feet 

13 paralleling the top of the slope to the river14 bank side of the house and approximately 

15 25 feet northerly therefrom; thence, north16 west approximately 302 feet to a point in 

17 the southern right-of-way of Ohio Route 7; 

18 thence with the right-of-way of said Route 

19 7, southwesterly approximately 485 feet to 

20 the point of beginning, containing approxi21 mately 3.51 acres. 

22 (ii) ROAD TRACT.—The tract of land 

23 situated in the State of Ohio, Washington 

24 County, on the Ohio River, and being par25 ticularly bounded and described as follows: 


kjohnson on DSK79L0C42PROD with BILLS
177 

•HR 7575 RH

1 Beginning at a point located on the south2 ern right-of-way line of Ohio Route 7, a 

3 new corner to the land now or formerly 

4 owned by the United States of America; 

5 thence, leaving the right-of-way of said 

6 Route 7 and severing the land of said 

7 United States of America and with the 

8 House Parcel southeasterly 25 feet; thence, 

9 northeast, running parallel to said Route 7 

10 right-of-way, approximately 994 feet to a 

11 point of deflection; thence northeasterly 368 

12 feet to a point beyond the existing fence cor13 ner; thence, east 140 feet to the edge of the 

14 existing Willow Island access road; thence 

15 with said access road, northwesterly ap16 proximately 62 feet to a point in the south17 ern right-of-way of Ohio Route 7; thence 

18 with the right-of-way of said Route 7, 

19 southwesterly approximately 1,491 feet to 

20 the point of beginning, containing approxi21 mately 1 acre. 

22 (B) EASEMENT.—The property referred to 

23 in paragraph (2)(B) is the following: The tract 

24 of land situated in the State of Ohio, Wash25 ington County, on the Ohio River, and being 


kjohnson on DSK79L0C42PROD with BILLS
178 

•HR 7575 RH

1 particularly bounded and described as follows: 

2 Beginning at a point at the intersection of the 

3 southern right-of-way of Ohio Route 7 and the 

4 northeast side of the existing Willow Island ac5 cess road, a new corner to the land now or for6 merly owned by the United States of America; 

7 thence, southwest, running with said Route 7 

8 right-of-way, approximately 30 feet to a point on 

9 the southwest side of the existing access road, 

10 and corner to the road tract; thence with said ac11 cess road and the line of the road parcel, south12 easterly approximately 62 feet to a point; thence 

13 leaving the road parcel and crossing the existing 

14 access road northeasterly approximately 30 feet 

15 to a point located on the northeast side of the ex16 isting access road; thence, northwesterly approxi17 mately 62 feet, to the point of beginning, con18 taining approximately 0.04 acre. 

19 (4) DEED.—The Secretary shall convey the prop20 erty under this subsection by quitclaim deed under 

21 such terms and conditions as the Secretary deter22 mines appropriate to protect the interests of the 

23 United States. 

24 (5) REVERSION.—If the Secretary determines 

25 that the property conveyed under this subsection is 


kjohnson on DSK79L0C42PROD with BILLS
179 

•HR 7575 RH

1 not being used by the non-Federal entity for a public 

2 purpose, all right, title, and interest in and to the 

3 property shall revert, at the discretion of the Sec4 retary, to the United States. 

5 (6) REQUIREMENTS.— 

6 (A) IMPROVEMENTS.—The Secretary shall 

7 make such improvements and alterations to the 

8 property described in paragraph (3)(A)(i) as the 

9 Secretary, in consultation with the non-Federal 

10 entity and relevant stakeholders, determines to be 

11 appropriate to facilitate conveyance of the prop12 erty and provision of the easement under this 

13 subsection, subject to the condition that the total 

14 cost of those improvements and alterations un15 dertaken by the Secretary shall be not more than 

16 $120,000. 

17 (B) ENVIRONMENTAL ASSESSMENT.—Before 

18 making a conveyance under paragraph (2), the 

19 Secretary shall— 

20 (i) conduct, with respect to the prop21 erty to be conveyed, an assessment of the en22 vironmental condition of the property, in23 cluding an investigation of any potential 

24 hazardous, toxic, or radioactive waste 

25 present on such property; and 


kjohnson on DSK79L0C42PROD with BILLS
180 

•HR 7575 RH

1 (ii) submit to the non-Federal entity a 

2 report describing the results of such assess3 ment. 

4 (C) REFUSAL BY NON-FEDERAL ENTITY.— 

5 (i) IN GENERAL.—Upon review by the 

6 non-Federal entity of the report under sub7 paragraph (B), the non-Federal entity may 

8 elect to refuse the conveyance under this 

9 subsection. 

10 (ii) ELECTION.—An election under 

11 clause (i)— 

12 (I) shall be at the sole discretion 

13 of the non-Federal entity; and 

14 (II) shall be made by the non-Fed15 eral entity by not later than the date 

16 that is 30 days after the date of sub17 mission of the report under subpara18 graph (B)(ii). 

19 (D) DREDGED MATERIAL PLACEMENT AC20 TIVITIES.—The Secretary shall— 

21 (i) notify and coordinate with the non22 Federal entity and relevant stakeholders be23 fore carrying out any dredged material 

24 placement activities associated with the 

25 property described in paragraph (3)(A) 


kjohnson on DSK79L0C42PROD with BILLS
181 

•HR 7575 RH

1 after the date on which such property is 

2 conveyed under this subsection; and 

3 (ii) in carrying out a dredged material 

4 placement activity under clause (i), act in 

5 accordance with Engineer Manual EM 

6 1110–2–5025 (or a subsequent version of 

7 that manual). 

8 (7) RESERVATION OF RIGHTS.—The Secretary 

9 may reserve and retain from any conveyance under 

10 this subsection a right-of-way or any other right that 

11 the Secretary determines to be necessary for the oper12 ation and maintenance of the authorized Federal 

13 channel along the Ohio River. 

14 (8) TREATMENT.—Conveyance to the non-Fed15 eral entity under this subsection of property described 

16 in paragraph (3)(A)(i) shall satisfy all obligations of 

17 the Secretary with respect to such property under— 

18 (A) section 306101 of title 54, United States 

19 Code; and 

20 (B) section 306108 of title 54, United States 

21 Code, with respect to the effects on the property 

22 of dredged material placement activities carried 

23 out by the Secretary after the date of the convey24 ances. 


kjohnson on DSK79L0C42PROD with BILLS
182 

•HR 7575 RH

1 (9) INAPPLICABILITY.—Subtitle I of title 40, and 

2 chapter 4 of title 41, United States Code shall not 

3 apply to any conveyance or easement provided under 

4 this subsection. 

5 (i) LEABURG FISH HATCHERY, LANE COUNTY, OR6 EGON.— 

7 (1) CONVEYANCE AUTHORIZED.—Subject to the 

8 provisions of this subsection, the Secretary shall con9 vey, without consideration, to the State of Oregon, 

10 acting through the Oregon Department of Fish and 

11 Wildlife, all right, title, and interest of the United 

12 States in and to the real property comprising the 

13 Leaburg Fish Hatchery, consisting of approximately 

14 21.55 acres, identified as tracts Q–1500, Q–1501E, 

15 and 300E–1 and described in Department of the 

16 Army Lease No. DACW57–1–18–0009, together with 

17 any improvements on the property. 

18 (2) WATER RIGHTS.—The Secretary may trans19 fer to the State of Oregon, acting through the Oregon 

20 Department of Fish and Wildlife, any water rights 

21 held by the United States that are appurtenant to the 

22 property conveyed under this subsection. 

23 (3) DEED.—The Secretary shall convey the prop24 erty under this subsection by quitclaim deed under 

25 such terms and conditions as the Secretary deterVerDate Sep 11 2014 22:18 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00182 Fmt 6652 Sfmt 6203 E:\BILLS\H7575.RH H7575

kjohnson on DSK79L0C42PROD with BILLS
183 

•HR 7575 RH

1 mines appropriate to protect the interests of the 

2 United States, including a condition that all of the 

3 property conveyed under this subsection be used and 

4 maintained by the State of Oregon for the purpose of 

5 operating a fish hatchery in perpetuity. 

6 (4) REVERSION.—If the Secretary determines 

7 that the property conveyed under this subsection is 

8 not being used or maintained by the State of Oregon 

9 for the purpose of operating a fish hatchery in per10 petuity, all or any portion of the property, including 

11 any water rights transferred under this subsection, 

12 shall, at the option of the Secretary, revert to the 

13 United States. 

14 (5) SAVINGS CLAUSE.—If the State of Oregon 

15 does not accept the conveyance under this subsection, 

16 the Secretary may dispose of the property, including 

17 appurtenant water rights, under subchapter III of 

18 chapter 5 of title 40, United States Code. 

19 (j) WILLAMETTE FALLS LOCKS, WILLAMETTE RIVER, 

20 OREGON.— 

21 (1) DEFINITIONS.—In this section: 

22 (A) REAL ESTATE APPENDIX.—The term 

23 ‘‘real estate appendix’’ means Appendix A of the 

24 document published by the District Commander 

25 of the Portland District of the Corps of EngiVerDate Sep 11 2014 22:18 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00183 Fmt 6652 Sfmt 6203 E:\BILLS\H7575.RH H7575

kjohnson on DSK79L0C42PROD with BILLS
184 

•HR 7575 RH

1 neers, titled ‘‘Willamette Falls Locks Willamette 

2 River Oregon Section 216 Disposition Study 

3 with Integrated Environmental Assessment’’. 

4 (B) RECEIVING ENTITY.—The term ‘‘receiv5 ing entity’’ means an entity identified by the 

6 State of Oregon, in consultation with the Wil7 lamette Falls Locks Commission, to receive the 

8 conveyance under paragraph (2). 

9 (C) WILLAMETTE FALLS LOCKS PROJECT.— 

10 The term ‘‘Willamette Falls Locks project’’ 

11 means the project for navigation, Willamette 

12 Falls Locks, Willamette River, Oregon, author13 ized by the Act of June 25, 1910 (36 Stat. 664, 

14 chapter 382). 

15 (D) WILLAMETTE FALLS LOCKS REPORT.— 

16 The term ‘‘Willamette Falls Locks report’’ means 

17 the memorandum of the Director of Civil Works 

18 with the subject ‘‘Willamette Falls Locks (WFL), 

19 Willamette River Oregon Section 216 Disposi20 tion Study with Integrated Environmental As21 sessment (Study)’’, dated July 11, 2019. 

22 (2) CONVEYANCE AUTHORIZED.—The Secretary 

23 is authorized to convey to the receiving entity, with24 out consideration, all right, title, and interest of the 

25 United States in and to any land in which the FedVerDate Sep 11 2014 22:18 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00184 Fmt 6652 Sfmt 6203 E:\BILLS\H7575.RH H7575

kjohnson on DSK79L0C42PROD with BILLS
185 

•HR 7575 RH

1 eral Government has a property interest for the Wil2 lamette Falls Locks project, together with any im3 provements on the land, subject to the requirements of 

4 this subsection and in accordance with the Willamette 

5 Falls Locks report. 

6 (3) DEED.—The Secretary shall convey the prop7 erty under this subsection by quitclaim deed under 

8 such terms and conditions as the Secretary deter9 mines appropriate to protect the interests of the 

10 United States. 

11 (4) SUBJECT TO EXISTING EASEMENTS AND

12 OTHER INTERESTS.—The conveyance of property 

13 under paragraph (2) shall be subject to all existing 

14 deed reservations, easements, rights-of-way, and leases 

15 that are in effect as of the date of the conveyance. 

16 (5) REVERSION.—If the Secretary determines 

17 that the property conveyed under this subsection cease 

18 to be held in public ownership, all right, title, and in19 terest in and to the property shall revert, at the dis20 cretion of the Secretary, to the United States. 

21 (6) REQUIREMENTS BEFORE CONVEYANCE.— 

22 (A) PERPETUAL ROAD EASEMENT.—Before 

23 making the conveyance under paragraph (2), the 

24 Secretary shall acquire a perpetual road ease25 ment from an adjacent property owner for use of 


kjohnson on DSK79L0C42PROD with BILLS
186 

•HR 7575 RH

1 an access road, which easement shall convey with 

2 the property conveyed under such paragraph. 

3 (B) ENVIRONMENTAL COMPLIANCE.—Before 

4 making the conveyance under paragraph (2), in 

5 accordance with the real estate appendix, the 

6 Secretary shall complete a Phase 1 Environ7 mental Site Assessment pursuant to the Com8 prehensive Environmental Response, Compensa9 tion, and Liability Act of 1980 (42 U.S.C. 9601 

10 et seq.). 

11 (C) HISTORIC PRESERVATION.—The Sec12 retary may enter into a memorandum of agree13 ment with the Oregon State Historic Preserva14 tion Office and the Advisory Council on Historic 

15 Preservation that identifies actions the Secretary 

16 shall take before making the conveyance under 

17 paragraph (2). 

18 (D) REPAIRS.—Before making the convey19 ance under paragraph (2), the Secretary shall 

20 carry out repairs to address primary seismic 

21 and safety risks in accordance with the rec22 ommendations approved in the Willamette Falls 

23 Locks report. 

24 (7) DEAUTHORIZATION.—Beginning on the date 

25 on which the Secretary makes the conveyance under 


kjohnson on DSK79L0C42PROD with BILLS
187 

•HR 7575 RH

1 paragraph (2), the Willamette Falls Locks project is 

2 no longer authorized. 

3 SEC. 333. REPEALS. 

4 (a) Section 1001 of the Water Resources Development 

5 Act of 1986 (33 U.S.C. 579a) is amended— 

6 (1) in subsection (b), by striking paragraph (2) 

7 and redesignating paragraph (3) as paragraph (2); 

8 and 

9 (2) by striking subsection (c). 

10 (b) Section 6003 of the Water Resources Reform and 

11 Development Act of 2014 (33 U.S.C. 579c) (and the item 

12 relating to such section in the table of contents) are re13 pealed. 

14 (c) Section 1301 of the Water Resources Development 

15 Act of 2016 (33 U.S.C. 579d) (and the item relating to such 

16 section in the table of contents) are repealed. 

17 (d) Section 1302 of the Water Resources Development 

18 Act of 2016 (33 U.S.C. 579c–1) (and the item relating to 

19 such section in the table of contents) are repealed. 

20 (e) Section 1301 of the Water Resources Development 

21 Act of 2018 (33 U.S.C. 579d–1) (and the item relating to 

22 such section in the table of contents) are repealed. 

23 (f) Section 1302 of the Water Resources Development 

24 Act of 2018 (33 U.S.C. 579c–2) (and the item relating to 

25 such section in the table of contents) are repealed. 


kjohnson on DSK79L0C42PROD with BILLS
188 

•HR 7575 RH

1 TITLE IV—WATER RESOURCES 

2 INFRASTRUCTURE 

3 SEC. 401. PROJECT AUTHORIZATIONS. 

4 The following projects for water resources development 

5 and conservation and other purposes, as identified in the 

6 reports titled ‘‘Report to Congress on Future Water Re7 sources Development’’ submitted to Congress pursuant to 

8 section 7001 of the Water Resources Reform and Develop9 ment Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed 

10 by Congress, are authorized to be carried out by the Sec11 retary substantially in accordance with the plans, and sub12 ject to the conditions, described in the respective reports or 

13 decision documents designated in this section: 

14 (1) NAVIGATION.— 

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 


kjohnson on DSK79L0C42PROD with BILLS
189 

•HR 7575 RH

A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Costs 

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.— 

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 


kjohnson on DSK79L0C42PROD with BILLS
190 

•HR 7575 RH

A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Costs 

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.— 


kjohnson on DSK79L0C42PROD with BILLS
191 

•HR 7575 RH

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 


kjohnson on DSK79L0C42PROD with BILLS
192 

•HR 7575 RH

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 ECOSYSTEM

2 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.— 

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 


kjohnson on DSK79L0C42PROD with BILLS
193 

•HR 7575 RH

A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Costs 

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 


kjohnson on DSK79L0C42PROD with BILLS
194 

•HR 7575 RH

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. 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) 


kjohnson on DSK79L0C42PROD with BILLS
195 

•HR 7575 RH

A. 

State 

B. 

Name 

C. 

Date of 

Decision 

Document 

D. 

Estimated 

Costs 

2. NC Carolina Beach 

Integrated 

Beach Renourishment 

June 16, 

2020 

Federal: $24,205,000 

Non-Federal: $24,205,000 

Total: $48,410,000 

3. 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 

4. 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, IL4 LINOIS.—The Secretary shall carry out the project for eco5 system 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 Re9 port of the Chief of Engineers, dated May 23, 2019, with 

10 the following modifications: 

11 (1) The Federal share of the cost of construction 

12 shall be 80 percent. 


kjohnson on DSK79L0C42PROD with BILLS
196 

•HR 7575 RH

1 (2) The Secretary may include the addition or 

2 substitution of technologies or measures not described 

3 in the report, as the Secretary determines to be advis4 able. 

5 (b) WILLAMETTE RIVER BASIN REVIEW REALLOCA6 TION STUDY.—The Secretary shall carry out the project for 

7 water supply, Willamette River Basin Review Reallocation, 

8 Oregon, authorized by section 401 of this Act, substantially 

9 in accordance with the terms and conditions described in 

10 the Report of the Chief of Engineers, dated December 18, 

11 2019, with the following modifications: 

12 (1) The Secretary shall meet the obligations of 

13 the Corps of Engineers under the Endangered Species 

14 Act of 1973 by complying with the June 2019 NMFS 

15 Willamette Basin Review Study Biological Opinion 

16 Reasonable and Prudent Alternative until such time, 

17 if any, as it is modified or replaced, in whole or in 

18 part, through the consultation process under section 

19 7(a) of the Endangered Species Act of 1973. 

20 (2) The Secretary may reallocate not more than 

21 10 percent of overall storage in the joint conservation 

22 pool, as authorized by this Act and without further 

23 congressional action, if such reallocation is consistent 

24 with the ongoing consultation under section 7(a) of 


kjohnson on DSK79L0C42PROD with BILLS
197 

•HR 7575 RH

1 the Endangered Species Act of 1973 related to Wil2 lamette Valley System operations. 

3 (3) The Secretary shall ensure that the revised 

4 reallocation is not reallocated from a single storage 

5 use, does not seriously affect authorized project pur6 poses, and does not otherwise involve major oper7 ational changes to the project. 

8 (c) CANO MARTIN PENA, SAN JUAN, PUERTO RICO.— 

9 Section 5127 of the Water Resources Development Act of 

10 2007 (121 Stat. 1242) is amended by striking 

11 ‘‘$150,000,000’’ and inserting ‘‘$232,430,000’’. 

12 SEC. 403. AUTHORIZATION OF PROJECTS BASED ON FEASI13 BILITY STUDIES PREPARED BY NON-FEDERAL 

14 INTERESTS. 

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

16 carry out the following projects for water resources develop17 ment and conservation and other purposes, subject to sub18 section (b): 

19 (1) FORT PIERCE, ST. LUCIE COUNTY, FLOR20 IDA.—The project for hurricane and storm damage 

21 reduction, Fort Pierce, St. Lucie County, Florida, as 

22 described in the review assessment of the Secretary, ti23 tled ‘‘Review Assessment of St. Lucie County, Florida 

24 Fort Pierce Shore Protection Project Section 203 Inte25 grated Feasibility Study and Environmental AssessVerDate Sep 11 2014 22:18 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00197 Fmt 6652 Sfmt 6203 E:\BILLS\H7575.RH H7575

kjohnson on DSK79L0C42PROD with BILLS
198 

•HR 7575 RH

1 ment (June 2018)’’ and dated July 2018, at a total 

2 cost of $33,107,639, and at an estimated total cost of 

3 $97,958,972 for periodic nourishment over the 50-year 

4 life of the project. 

5 (2) BAPTISTE COLLETTE BAYOU, LOUISIANA.— 

6 The project for navigation, Baptiste Collette Bayou, 

7 Louisiana, as described in the review assessment of 

8 the Secretary, titled ‘‘Review Assessment of 

9 Plaquemines Parish Government’s Section 203 Study 

10 Baptiste Collette Bayou Navigation Channel Deep11 ening Project Integrated Feasibility Study and Envi12 ronmental Assessment (January 2017, Amended April 

13 2018)’’ and dated June 2018, at a total cost of 

14 $44,920,000. 

15 (3) HOUMA NAVIGATION CANAL, LOUISIANA.— 

16 The project for navigation, Houma Navigation Canal, 

17 Louisiana, as described in the review assessment of 

18 the Secretary, titled ‘‘Review Assessment of Houma 

19 Navigation Canal Deepening Project Section 203 In20 tegrated Feasibility Report and DRAFT Environ21 mental Impact Statement (June 2018)’’ and dated 

22 July 2018, at a total cost of $253,458,000. 

23 (4) CHACON CREEK, TEXAS.—The project for 

24 flood risk management, ecosystem restoration, and 

25 other purposes, Chacon Creek, Texas, as described in 


kjohnson on DSK79L0C42PROD with BILLS
199 

•HR 7575 RH

1 the review assessment of the Secretary, titled ‘‘Review 

2 Assessment of Chacon Creek, Texas Section 203 Inte3 grated Feasibility Report and DRAFT Environ4 mental Assessment (August 2018)’’ and dated Sep5 tember 2018, at a total cost of $51,973,000. 

6 (b) REQUIREMENTS.—The Secretary may only carry 

7 out a project authorized under subsection (a)— 

8 (1) substantially in accordance with the applica9 ble review assessment for the project submitted by the 

10 Secretary under section 203(c) of the Water Resources 

11 Development Act of 1986, as identified in subsection 

12 (a) of this section, and subject to such modifications 

13 or conditions as the Secretary considers appropriate 

14 and identifies in a final assessment that addresses the 

15 concerns, recommendations, and conditions identified 

16 by the Secretary in the applicable review assessment; 

17 and 

18 (2) after the Secretary transmits to the Com19 mittee on Transportation and Infrastructure of the 

20 House of Representatives and the Committee on Envi21 ronment and Public Works of the Senate such final 

22 assessment. 

23 (c) TECHNICAL CORRECTION.—Section 203(c)(1) of the 

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

25 2231(c)(1)) is amended, in the matter preceding subparaVerDate Sep 11 2014 22:18 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00199 Fmt 6652 Sfmt 6203 E:\BILLS\H7575.RH H7575

kjohnson on DSK79L0C42PROD with BILLS
200 

•HR 7575 RH

1 graph (A), by striking ‘‘a report’’ and inserting ‘‘an assess2 ment’’. 


kjohnson on DSK79L0C42PROD with BILLS

kjohnson on DSK79L0C42PROD with BILLS
Union Calendar No. 369 

116TH CONGRESS 

2D SESSION H. R. 7575 

[Report No. 116–460, Part I] 

A BILL 

To provide for improvements to the rivers and harresources, and for other purposes. servation and development of water and related bors of the United States, to provide for the conJULY 24, 2020 

Reported from the Committee on Transportation and 

Infrastructure with an amendment 

JULY 24, 2020 

Committee on the Budget discharged; committed to the 

Union and ordered to be printed Committee of the Whole House on the State of the 


kjohnson on DSK79L0C42PROD with BILLS