I 

116TH CONGRESS 

2D SESSION H. R. 7575 

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 

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. 

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’’. 


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

2 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 multi-purpose projects. 

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

plans. 

Sec. 126. Aquatic ecosystem restoration for anadromous fish. 

Sec. 127. Annual report to Congress. 

Sec. 128. Harmful algal bloom demonstration program. 

Sec. 129. Update on Invasive Species Policy Guidance. 

Sec. 130. Report on debris removal. 

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

Sec. 132. Cost and benefit feasibility assessment. 

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

of projects. 

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. 


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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. Great Lakes Coastal Resiliency Study. 

Sec. 207. Rathbun Lake, Chariton River, Iowa. 

Sec. 208. Report on the status of restoration in the Louisiana coastal area. 

Sec. 209. Lower Mississippi River comprehensive study. 

Sec. 210. Upper Mississippi River Comprehensive Plan. 

Sec. 211. Lower Missouri Basin Flood Risk and Resiliency Study, Iowa, Kansas, Nebraska, and Missouri. 

Sec. 212. Cougar and Detroit Dams, Willamette River Basin, Oregon. 

Sec. 213. Port Orford, Oregon. 

Sec. 214. Wilson Creek and Sloan Creek, Fairview, Texas. 

Sec. 215. GAO study on mitigation for water resources development projects. 

Sec. 216. GAO study on application of Harbor Maintenance Trust Fund expenditures. 

Sec. 217. Study on water supply and water conservation at water resources development projects. 

Sec. 218. PFAS review and inventory at Corps 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. 

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

Sec. 323. Pawcatuck River, Little Narragansett Bay and Watch Hill Cove, 

Rhode Island and Connecticut. 

Sec. 324. Harris County, Texas. 

Sec. 325. Cap Sante Waterway, Washington. 


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Sec. 326. Additional assistance for critical projects. 

Sec. 327. Project modification authorizations. 

Sec. 328. Application of credit. 

Sec. 329. Project reauthorizations. 

Sec. 330. Conveyances. 

Sec. 331. 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 Sec3 retary 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 

10 as follows: 

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

12 Budget and Emergency Deficit Control Act of 1985 (2 

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

14 following: 

15 ‘‘ ‘(H) HARBOR MAINTENANCE ACTIVI16 TIES.—If, for any fiscal year, appropriations for 

17 the Construction, Mississippi River and Tribu18 taries, and Operation and Maintenance ac19 counts of the Corps of Engineers are enacted 


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1 that are derived from the Harbor Maintenance 

2 Trust Fund established under section 9505(a) 

3 of the Internal Revenue Code of 1986 and that 

4 the Congress designates in statute as being for 

5 harbor operations and maintenance activities, 

6 then the adjustment for that fiscal year shall be 

7 the total of such appropriations that are derived 

8 from such Fund and designated as being for 

9 harbor operations and maintenance activi10 ties.’.’’. 

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

12 subsection (a) shall take effect as if included in the enact13 ment of the CARES Act (Public Law 116–136). 

14 SEC. 102. FUNDING FOR NAVIGATION. 

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

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

17 2238) is amended, in the section heading, by striking 

18 ‘‘AUTHORIZATION OF APPROPRIATIONS’’ and insert19 ing ‘‘FUNDING FOR NAVIGATION’’. 

20 (b) OPERATION AND MAINTENANCE OF HARBOR

21 PROJECTS.—Section 210(c) of the Water Resources De22 velopment Act of 1986 (33 U.S.C. 2238(c)) is amended— 

23 (1) by amending paragraph (1) to read as fol24 lows: 


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

2 funds made available under this section (including 

3 funds appropriated from the Harbor Maintenance 

4 Trust Fund), the Secretary shall make expenditures 

5 to pay for operation and maintenance costs of the 

6 harbors and inland harbors referred to in subsection 

7 (a)(2), using— 

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

9 funds for emerging harbor projects, to the ex10 tent there are identifiable operations and main11 tenance needs, including eligible breakwater and 

12 jetty needs, at such harbor projects; 

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

14 funds for projects that are located within the 

15 Great Lakes Navigation System; 

16 ‘‘(C) 10 percent of such funds for ex17 panded uses carried out at donor ports, as such 

18 term is defined in section 2106 of the Water 

19 Resources Reform and Development Act of 

20 2014 (33 U.S.C. 2238c); and 

21 ‘‘(D) any remaining funds for operation 

22 and maintenance costs of any harbor or inland 

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

24 an equitable allocation of such funds among 

25 such harbors and inland harbors.’’; 


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1 (2) by amending paragraph (3) to read as fol2 lows: 

3 ‘‘(3) ADDITIONAL USES AT EMERGING HAR4 BORS.— 

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

6 the Secretary may use not more than 

7 $5,000,000 of funds designated for emerging 

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

9 for the costs of up to 10 projects for mainte10 nance dredging of a marina or berthing area, in 

11 an emerging harbor, that includes an area that 

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

13 Federal navigation project, subject to subpara14 graphs (B) and (C) of this paragraph. 

15 ‘‘(B) ELIGIBLE EMERGING HARBORS.— 

16 The Secretary may use funds as authorized 

17 under subparagraph (A) at an emerging harbor 

18 that— 

19 ‘‘(i) supports commercial activities, in20 cluding commercial fishing operations, 

21 commercial fish processing operations, rec22 reational and sport fishing, and commer23 cial boat yards; or 


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1 ‘‘(ii) supports activities of the Sec2 retary of the department in which the 

3 Coast Guard is operating. 

4 ‘‘(C) COST SHARING REQUIREMENTS.— 

5 The Secretary shall require a non-Federal inter6 est to contribute not less than 25 percent of the 

7 costs for maintenance dredging of that portion 

8 of a maintenance dredging project described in 

9 subparagraph (A) that is located outside of the 

10 Federal navigation project, which may be pro11 vided as an in-kind contribution, including 

12 through the use of dredge equipment owned by 

13 non-Federal interest to carry out such activi14 ties.’’; and 

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

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

17 this subsection prohibits the Secretary from making 

18 an expenditure to pay for the operation and mainte19 nance costs of a specific harbor or inland harbor, in20 cluding the transfer of funding from the operation 

21 and maintenance of a separate project, if— 

22 ‘‘(A) the Secretary determines that the ac23 tion is necessary to address the navigation 

24 needs of a harbor or inland harbor where safe 


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1 navigation has been severely restricted due to 

2 an unforeseen event; and 

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

4 of the action notice and information on the 

5 need for the action to the Committee on Envi6 ronment and Public Works and the Committee 

7 on Appropriations of the Senate and the Com8 mittee on Transportation and Infrastructure 

9 and the Committee on Appropriations of the 

10 House of Representatives.’’. 

11 (c) PRIORITIZATION.—Section 210 of the Water Re12 sources Development Act of 1986 (33 U.S.C. 2238) is 

13 amended by striking subsection (d) and redesignating sub14 sections (e) and (f) as subsections (d) and (e), respectively. 

15 (d) ASSESSMENT OF HARBORS AND INLAND HAR16 BORS.—Section 210(d)(2)(A)(ii) of the Water Resources 

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

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

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

20 ‘‘uses described in paragraphs (1)(C) and (3) of sub21 section (c)’’. 

22 (e) DEFINITIONS.—Section 210(e) of the Water Re23 sources Development Act of 1986 (as so redesignated) is 

24 amended— 

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


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1 (2) by redesignating paragraphs (3) through 

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

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

4 following: 

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

6 harbor’ means a harbor or inland harbor referred to 

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

8 1,000,000 tons of cargo annually. 

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

10 ‘emerging harbor project’ means a project that is as11 signed to an emerging harbor.’’; and 

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

13 adding at the end the following: 

14 ‘‘(C) An in-water improvement, if the im15 provement— 

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

17 a wharf or other berthing structure, or the 

18 repair or replacement of a deteriorating 

19 wharf or other berthing structure, at a 

20 port facility; 

21 ‘‘(ii) benefits commercial navigation at 

22 the harbor; and 

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

24 berth that is accessible to a Federal navi25 gation project. 


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

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

3 Federal navigation project if such activity bene4 fits commercial navigation at the harbor.’’. 

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

6 MAINTENANCE TRUST FUND. 

7 Section 330 of the Water Resources Development Act 

8 of 1992 (26 U.S.C. 9505 note; 106 Stat. 4851) is amend9 ed— 

10 (1) in subsection (a)— 

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

12 and inserting ‘‘and annually thereafter concur13 rent with the submission of the President’s an14 nual budget request to Congress,’’; and 

15 (B) by striking ‘‘Public Works and Trans16 portation’’ and inserting ‘‘Transportation and 

17 Infrastructure’’; and 

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

19 the following: 

20 ‘‘(D) A description of the expected expend21 itures from the trust fund to meet the needs of 

22 navigation for the fiscal year of the budget re23 quest.’’. 


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1 SEC. 104. ADDITIONAL MEASURES AT DONOR PORTS AND 

2 ENERGY TRANSFER PORTS. 

3 (a) DEFINITIONS.—Section 2106(a) of the Water Re4 sources Reform and Development Act of 2014 (33 U.S.C. 

5 2238c(a)) is amended— 

6 (1) in paragraph (3)(A)— 

7 (A) by amending clause (ii) to read as fol8 lows: 

9 ‘‘(ii) at which the total amount of har10 bor maintenance taxes collected (including 

11 the estimated taxes related to domestic 

12 cargo and cruise passengers) comprise not 

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

14 funding of the Harbor Maintenance Trust 

15 Fund in each of the previous 3 fiscal 

16 years;’’; 

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

18 the estimated taxes related to domestic cargo 

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

20 and 

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

22 2012’’ and inserting ‘‘each of the previous 3 fis23 cal years’’; 

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

25 2012’’ each place it appears and inserting ‘‘each of 

26 the previous 3 fiscal years’’; 


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1 (3) by redesignating paragraph (8) as para2 graph (9) and inserting after paragraph (7) the fol3 lowing: 

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

5 The term ‘Harbor Maintenance Trust Fund’ means 

6 the Harbor Maintenance Trust Fund established by 

7 section 9505 of the Internal Revenue Code of 

8 1986.’’; and 

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

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

11 as follows: 

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

13 maintenance taxes collected (including the esti14 mated taxes related to domestic cargo and 

15 cruise passengers) comprise annually more than 

16 $5,000,000 but less than $15,000,000 of the 

17 total funding of the Harbor Maintenance Trust 

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

19 (B) in subparagraph (C), by inserting ‘‘(in20 cluding the estimated taxes related to domestic 

21 cargo and cruise passengers)’’ after ‘‘taxes col22 lected’’; and 

23 (C) in subparagraph (D), by striking ‘‘fis24 cal year 2012’’ and inserting ‘‘each of the pre25 vious 3 fiscal years’’. 


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1 (b) REPORT TO CONGRESS; AUTHORIZATION OF AP2 PROPRIATIONS.—Section 2106 of the Water Resources 

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

4 is amended— 

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

6 subsections (f) and (g) as subsections (e) and (f), re7 spectively; and 

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

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

10 and inserting ‘‘2030’’; and 

11 (B) by striking paragraph (3). 

12 SEC. 105. ASSUMPTION OF MAINTENANCE OF A LOCALLY 

13 PREFERRED PLAN. 

14 Section 204(f) of the Water Resources Development 

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

16 follows: 

17 ‘‘(f) OPERATION AND MAINTENANCE.— 

18 ‘‘(1) ASSUMPTION OF MAINTENANCE.—When19 ever a non-Federal interest carries out improvements 

20 to a federally authorized harbor or inland harbor, 

21 the Secretary shall be responsible for operation and 

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

23 ‘‘(A) before construction of the improve24 ments— 


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1 ‘‘(i) the Secretary determines that the 

2 improvements are feasible and consistent 

3 with the purposes of this title; and 

4 ‘‘(ii) the Secretary and the non-Fed5 eral interest execute a written agreement 

6 relating to operation and maintenance of 

7 the improvements; 

8 ‘‘(B) the Secretary certifies that the 

9 project or separable element of the project is 

10 constructed in accordance with applicable per11 mits and appropriate engineering and design 

12 standards; and 

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

14 project or separable element is no longer fea15 sible. 

16 ‘‘(2) FEDERAL FINANCIAL PARTICIPATION IN

17 THE COSTS OF A LOCALLY PREFERRED PLAN.—In 

18 the case of improvements determined by the Sec19 retary pursuant to paragraph (1)(A)(i) to deviate 

20 from the national economic development plan, the 

21 Secretary shall be responsible for all operation and 

22 maintenance costs of such improvements, as de23 scribed in section 101(b), including costs in excess 

24 of the costs of the national economic development 


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1 plan, if the Secretary determines that the improve2 ments satisfy the requirements 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 commen9 surate with the authorized Federal navigation channel 

10 depth, 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 pur15 suant to section 210 of the Water Resources Development 

16 Act of 1986 (33 U.S.C. 2238) in a State that has imple17 mented any additional State limitation on the disposal of 

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

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

20 22, 1936 (33 U.S.C. 701h), receive from such State, and 

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

22 to cover the additional costs for operations and mainte23 nance activities for a harbor or inland harbor within such 

24 State that result from such limitation. 


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1 SEC. 108. INLAND WATERWAY PROJECTS. 

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

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

4 2212), 35 percent of the costs of construction of a project 

5 to which such section applies shall be paid from amounts 

6 appropriated from the Inland Waterways Trust Fund— 

7 (1) during each of fiscal years 2021 through 

8 2027; and 

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

10 initiated during such period, in each fiscal year until 

11 such construction is complete. 

12 (b) PRIORITIZATION.—In selecting projects described 

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

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

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

16 year program for making capital investments developed 

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

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

19 SEC. 109. IMPLEMENTATION OF WATER RESOURCES PRIN20 CIPLES AND REQUIREMENTS. 

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

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

23 final agency-specific procedures necessary to implement 

24 the principles and requirements and the interagency 

25 guidelines. 


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1 (b) DEVELOPMENT OF FUTURE WATER RESOURCES

2 DEVELOPMENT PROJECTS.—The procedures required by 

3 subsection (a) shall ensure that the Secretary, in the for4 mulation of future water resources development projects— 

5 (1) develops such projects in accordance with— 

6 (A) the guiding principles established by 

7 the 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 

24 procedures; 


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1 (2) provide opportunities for interested non2 Federal stakeholders to engage with, and provide 

3 input and recommendations to, the Secretary on the 

4 revision 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 

11 the Council on Environmental Quality pursuant to 

12 section 2031 of the Water Resources Development 

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

14 to implement the principles and requirements. 

15 (2) PRINCIPLES AND REQUIREMENTS.—The 

16 term ‘‘principles and requirements’’ means the prin17 ciples and requirements contained in the document 

18 prepared by the Council on Environmental Quality 

19 pursuant to section 2031 of the Water Resources 

20 Development Act of 2007 (42 U.S.C. 1962–3), enti21 tled ‘‘Principles and Requirements for Federal In22 vestments in Water Resources’’, and dated March 

23 2013. 


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1 SEC. 110. RESILIENCY PLANNING ASSISTANCE. 

2 (a) IN GENERAL.—Section 206(a) of the Flood Con3 trol Act of 1960 (33 U.S.C. 709a(a)) is amended by in4 serting ‘‘, to avoid repetitive flooding impacts, to antici5 pate, prepare, and adapt to changing climatic conditions 

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

7 and recover rapidly from disruption due to the flood haz8 ards’’ after ‘‘in planning to ameliorate the flood hazard’’. 

9 (b) PRIORITIZING FLOOD RISK RESILIENCY TECH10 NICAL ASSISTANCE FOR ECONOMICALLY DISADVANTAGED

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

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

13 prioritize the provision of technical assistance to support 

14 flood risk resiliency planning efforts of an economically 

15 disadvantaged community. 

16 SEC. 111. PROJECT CONSULTATION. 

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

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

19 submit the following reports: 

20 (1) The report required under section 1214 of 

21 the Water Resources Development Act of 2018 (132 

22 Stat. 3809). 

23 (2) The report required under section 

24 1120(a)(3) of the Water Resources Development Act 

25 of 2016 (130 Stat. 1643). 

26 (b) CONSULTATION.— 


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1 (1) AGENCIES AND TRIBES.—The Secretary 

2 shall ensure that all covered community consultation 

3 policies, regulations, and guidance of the Corps of 

4 Engineers continue to be implemented, and that con5 sultations with Federal and State agencies and In6 dian Tribes required for a water resources develop7 ment project are carried out. 

8 (2) COMMUNITIES.—The Secretary shall ensure 

9 that any covered communities, including such com10 munities identified in the reports submitted under 

11 subsection (a), that are found to be disproportion12 ately or adversely affected are included in consulta13 tion policies, regulations, and guidance of the Corps 

14 of Engineers. 

15 (3) PROJECT PLANNING AND CONSTRUCTION.— 

16 The Secretary shall ensure that covered communities 

17 are consulted in the development of water resources 

18 development project planning and construction, for 

19 the purposes of achieving environmental justice and 

20 addressing any disproportionate or adverse effects 

21 on such communities. 

22 (c) ENVIRONMENTAL JUSTICE UPDATES.— 

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

24 the date of enactment of this Act, the Secretary 

25 shall update any policies, regulations, and guidance 


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1 of the Corps of Engineers related to achieving envi2 ronmental justice for covered communities. 

3 (2) RECOMMENDATIONS AND CONSULTATION.— 

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

5 (A) consult with a wide array of represent6 atives of covered communities; and 

7 (B) use the recommendations from the re8 ports submitted under subsection (a). 

9 (d) COMMUNITY ENGAGEMENT.—The Secretary shall 

10 ensure that in carrying out authorized water resources de11 velopment projects in, and all other activities of the Corps 

12 of Engineers related to, covered communities, the Corps 

13 of Engineers— 

14 (1) promotes the meaningful involvement of 

15 such communities in the project development and 

16 implementation, enforcement efforts, and other ac17 tivities of the Corps of Engineers; 

18 (2) provides guidance and technical assistance 

19 to such communities to increase understanding of 

20 the project development and implementation activi21 ties, regulations, and policies of the Corps of Engi22 neers; and 

23 (3) cooperates with State, Tribal, and local gov24 ernments with respect to activities carried out pur25 suant to this subsection. 


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1 (e) TRIBAL LANDS AND CONSULTATION.—The Sec2 retary shall ensure that in carrying out authorized water 

3 resources development projects and in all other activities 

4 of the Corps of Engineers, that the Corps of Engineers— 

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

6 on any Tribal lands near or adjacent to any activi7 ties of the Corps of Engineers, for purposes of iden8 tifying lands of ancestral, cultural, or religious im9 portance; and 

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

11 otherwise find alternate solutions with respect to, 

12 such lands; and 

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

14 on any Tribal areas near or adjacent to any activi15 ties of the Corps of Engineers, for purposes of iden16 tifying lands, waters, and other resources critical to 

17 the livelihood of the Indian Tribes; and 

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

19 otherwise find alternate solutions with respect to, 

20 such areas. 

21 (f) DEFINITIONS.—In this section: 

22 (1) COMMUNITY OF COLOR.—The term ‘‘com23 munity of color’’ means a community of individuals 

24 who are— 

25 (A) American Indian or Alaska Native; 


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1 (B) Asian or Pacific Islander; 

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

3 (D) Hispanic. 

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

5 community’’ means each of the following: 

6 (A) A community of color. 

7 (B) An economically disadvantaged com8 munity. 

9 (C) A rural community. 

10 (D) A Tribal or indigenous community. 

11 SEC. 112. REVIEW OF RESILIENCY ASSESSMENTS. 

12 (a) RESILIENCY ASSESSMENT.— 

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

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

15 conjunction with the development of procedures 

16 under section 109 of this Act, the Secretary is di17 rected to review, and where appropriate, revise the 

18 existing planning guidance documents and regula19 tions on the assessment of the effects of sea level 

20 rise on future water resources development projects 

21 to ensure that such guidance documents and regula22 tions are based on the best available, peer-reviewed 

23 science and data on the current and future effects 

24 of sea level rise on coastal communities. 


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1 (2) COORDINATION.—In carrying out this sub2 section, the Secretary shall— 

3 (A) coordinate the review with the Engi4 neer Research and Development Center, other 

5 Federal and State agencies, and other relevant 

6 entities; and 

7 (B) to the maximum extent practicable and 

8 where appropriate, utilize data provided to the 

9 Secretary by such agencies. 

10 (b) ASSESSMENT OF BENEFITS OF SEA LEVEL RISE

11 RESILIENCY IN FEASIBILITY REPORTS.— 

12 (1) IN GENERAL.—Upon the request of a non13 Federal interest, in carrying out a feasibility study 

14 for a project for flood risk mitigation, hurricane and 

15 storm damage risk reduction, or ecosystem restora16 tion under section 905 of the Water Resources De17 velopment Act of 1986 (33 U.S.C. 2282), the Sec18 retary shall consider whether the need for the 

19 project is predicated upon or exacerbated by condi20 tions related to sea level rise. 

21 (2) SEA LEVEL RISE RESILIENCY BENEFITS.— 

22 To the maximum extent practicable, in carrying out 

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

24 shall document the potential effects of sea level rise 

25 on the project, and benefits of the project relating 


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

2 date of completion of the project. 

3 SEC. 113. SMALL FLOOD CONTROL PROJECTS. 

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

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

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

7 terms are defined in section 1184(a) of the Water Re8 sources Development Act of 2016 (33 U.S.C. 2289a(a)),’’ 

9 after ‘‘nonstructural projects’’. 

10 SEC. 114. CONFORMING AMENDMENT. 

11 Section 103(b) of the Water Resources Development 

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

13 (1) in the subsection heading, by striking 

14 ‘‘NONSTRUCTURAL FLOOD CONTROL PROJECTS’’ 

15 and inserting ‘‘PROJECTS USING NONSTRUCTURAL, 

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

17 (2) in paragraph (1), by striking ‘‘nonstructural 

18 flood control measures’’ and inserting ‘‘a flood risk 

19 management or hurricane and storm damage risk re20 duction measure using a nonstructural feature, or a 

21 natural feature or nature-based feature (as those 

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

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

24 2289a(a)),’’. 


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

2 NATURE-BASED FEATURES. 

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

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

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

7 feature or nature-based feature alternatives (as such 

8 terms are defined in section 1184 of the Water Resources 

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

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

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

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

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

23 Not later than 180 days after the date of enactment 

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

25 on Transportation and Infrastructure of the House of 

26 Representatives and the Committee on Environment and 


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

2 a report that describes— 

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

6 2350); 

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

9 such section) at water resources development 

10 projects constructed or maintained by the Secretary 

11 since the date of enactment of such section; and 

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

14 water resources development projects since such 

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

17 SEC. 117. QUANTIFICATION OF BENEFITS FOR FLOOD RISK 

18 MANAGEMENT PROJECTS IN SEISMIC ZONES. 

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

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

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

25 (b) APPLICABILITY.—The Secretary shall— 


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

3 calculation of the national economic development 

4 benefit-cost ratio for a flood risk management 

5 project in a seismic hazard zone for purposes of plan 

6 formulation pursuant to section 905 of the Water 

7 Resources Development Act of 1986; and 

8 (2) seek to maximize the combination of flood 

9 risk reduction and seismic hazard risk reduction 

10 benefits in the formulation of the national economic 

11 development alternative for such project. 

12 SEC. 118. FEDERAL INTEREST DETERMINATION. 

13 Section 905 of the Water Resources Development Act 

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

15 subsection (a) the following: 

16 ‘‘(b) FEDERAL INTEREST DETERMINATION.— 

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

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

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

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

23 may be proposed in the study. 

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


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

2 ‘‘(B) shall not exceed $200,000. 

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

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

7 ‘‘(4) TREATMENT.— 

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

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

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

13 Water Resources Reform and Development Act 

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

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

16 under paragraph (1) shall not be included for 

17 purposes of the maximum Federal cost under 

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

20 2282c(a)(2)). 

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

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

23 Secretary determines that a study or project is not 

24 in the Federal interest because the project will not 

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


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

3 a technically sound and environmentally acceptable 

4 plan that is otherwise consistent with section 904 of 

5 the Water Resources Development Act of 1986 (33 

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

7 the non-Federal interest with recommendations on 

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

10 interest and feasible.’’. 

11 SEC. 119. ECONOMICALLY DISADVANTAGED COMMUNITY 

12 FLOOD PROTECTION AND HURRICANE AND 

13 STORM DAMAGE REDUCTION STUDY PILOT 

14 PROGRAM. 

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

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

17 and implement a pilot program to evaluate opportunities 

18 to address the flood risk management and hurricane and 

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

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

23 (1) publish a notice in the Federal Register 

24 that requests from non-Federal interests proposals 

25 for the potential feasibility study of a flood risk 


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1 management project or hurricane and storm damage 

2 risk reduction project for an economically disadvan3 taged community; 

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

5 such a project, provide technical assistance to such 

6 non-Federal interest in the formulation of a proposal 

7 for a potential feasibility study to be submitted to 

8 the Secretary under the pilot program; and 

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

11 the Secretary, in coordination with the non-Federal 

12 interest, under this pilot program. 

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

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

15 whether— 

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

17 the county or counties in which the project is located 

18 is above the percentage of people living in poverty in 

19 the State, based on Census Bureau data; 

20 (2) the percentage of families with income 

21 above the poverty threshold but below the average 

22 household income in the county or counties in which 

23 the project is located is above the percentage of the 

24 same for the State, based on Census Bureau data; 


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1 (3) the percentage of the population that identi2 fies as belonging to a minority or indigenous group 

3 in the county or counties in which the project is lo4 cated is above the average percentage in the State, 

5 based on Census Bureau data; and 

6 (4) the project is addressing flooding or hurri7 cane or storm damage effects that have a dispropor8 tionate impact on a rural community or a commu9 nity of color (as such term is defined in section 111 

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

11 (d) ADMINISTRATION.—Notwithstanding the require12 ments of section 105(a)(1)(A) of the Water Resources De13 velopment Act of 1986 (33 U.S.C. 2215), the Federal 

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

15 the pilot program shall be 100 percent. 

16 (e) GEOGRAPHIC DIVERSITY.—When selecting feasi17 bility studies under subsection (b)(3), the Secretary shall 

18 consider the geographic diversity among proposed 

19 projects. 

20 (f) STUDY REQUIREMENTS.—Feasibility studies car21 ried out under this subsection shall, to the maximum ex22 tent practical, incorporate natural features or nature23 based features (as such terms are defined in section 1184 

24 of the Water Resources Development Act of 2016 (33 

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


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1 nonstructural features, that avoid or reduce at least 50 

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

3 alternatives included in the final alternatives evaluated. 

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

5 Committee on Transportation and Infrastructure of the 

6 House of Representatives and the Committee on Environ7 ment and Public Works of the Senate of the selection of 

8 each feasibility study under the pilot program. 

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

10 report for a feasibility study selected to be carried out 

11 under this section, the Secretary shall transmit the report 

12 to Congress for authorization, and shall include the report 

13 in the next annual report submitted under section 7001 

14 of the Water Resources Reform and Development Act of 

15 2014 (33 U.S.C. 2282d). 

16 (i) SUNSET.—The authority to commence a feasi17 bility study under this section shall terminate on the date 

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

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

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

21 submit to the Committee on Transportation and Infra22 structure of the House of Representatives and the Com23 mittee on Environment and Public Works of the Senate, 

24 and make publicly available, a report detailing the results 


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1 of the pilot program carried out under this section, includ2 ing— 

3 (1) a description of proposals received from 

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

5 (2) a description of technical assistance pro6 vided to non-Federal interests under subsection 

7 (b)(2); and 

8 (3) a description of proposals selected under 

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

10 proposals. 

11 SEC. 120. PERMANENT MEASURES TO REDUCE EMERGENCY 

12 FLOOD FIGHTING NEEDS FOR COMMUNITIES 

13 SUBJECT TO REPETITIVE FLOODING. 

14 (a) DEFINITIONS.—In this section: 

15 (1) AFFECTED COMMUNITY.—The term ‘‘af16 fected community’’ means a legally constituted pub17 lic body (as that term is used in section 221(b) of 

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

19 5b(b))— 

20 (A) with jurisdiction over an area that has 

21 been subject to flooding in two or more events 

22 in any 10-year period; and 

23 (B) that has received emergency flood24 fighting assistance, including construction of 

25 temporary barriers by the Secretary, under secVerDate Sep 11 2014 00:45 Jul 14, 2020 Jkt 099200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H7575.IH H7575

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1 tion 5 of the Act of August 18, 1941 (33 

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

3 (2) NATURAL FEATURE; NATURE-BASED FEA4 TURE.—The terms ‘‘natural feature’’ and ‘‘nature5 based feature’’ have the meanings given those terms 

6 in section 1184 of the Water Resources Development 

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

8 (b) PROGRAM.— 

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

10 to carry out a program to study, design, and con11 struct water resources development projects through 

12 measures involving, among other things, strength13 ening, raising, extending, realigning, or otherwise 

14 modifying existing flood control works, designing 

15 new works, and incorporating natural features, na16 ture-based features, or nonstructural features, as ap17 propriate to provide flood and coastal storm risk 

18 management to affected communities. 

19 (2) CONSIDERATIONS.—In carrying out para20 graph (1), the Secretary shall, to the maximum ex21 tent practical, review and, where appropriate, incor22 porate natural features or nature-based features, or 

23 a combination of such features and nonstructural 

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


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1 flood or storm damages in one or more of the alter2 natives included in the final alternatives evaluated. 

3 (3) CONSTRUCTION.— 

4 (A) IN GENERAL.—The Secretary may 

5 carry out a project described in paragraph (1) 

6 without further congressional authorization if— 

7 (i) the Secretary determines that the 

8 project— 

9 (I) is advisable to reduce the risk 

10 of flooding for an affected community; 

11 and 

12 (II) produces benefits that are in 

13 excess of the estimated costs; and 

14 (ii) the Federal share of the cost of 

15 the construction does not exceed 

16 $15,000,000. 

17 (B) SPECIFIC AUTHORIZATION.—If the 

18 Federal share of the cost of a project described 

19 in paragraph (1) exceeds $15,000,000, the Sec20 retary shall submit the project recommendation 

21 to Congress for authorization prior to construc22 tion, and shall include the project recommenda23 tion in the next annual report submitted under 

24 section 7001 of the Water Resources Reform 

25 and Development Act of 2014. 


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1 (C) FINANCING.— 

2 (i) CONTRIBUTIONS.—If, based on a 

3 study carried out pursuant to paragraph 

4 (1), the Secretary determines that a 

5 project described in paragraph (1) will not 

6 produce benefits greater than cost, the 

7 Secretary shall allow the affected commu8 nity to pay, or provide contributions equal 

9 to, an amount sufficient to make the re10 maining costs of design and construction 

11 of the project equal to the estimated value 

12 of the benefits of the project. 

13 (ii) EFFECT ON NON-FEDERAL

14 SHARE.—Amounts provided by an affected 

15 community under clause (i) shall be in ad16 dition to any payments or contributions 

17 the affected community is required to pro18 vide towards the remaining costs of design 

19 and construction of the project under sec20 tion 103 of the Water Resources Develop21 ment Act of 1986 (33 U.S.C. 2213). 

22 (4) ABILITY TO PAY.— 

23 (A) IN GENERAL.—Any cost-sharing agree24 ment for a project entered into pursuant to this 


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1 section shall be subject to the ability of the af2 fected community to pay. 

3 (B) DETERMINATION.—The ability of any 

4 affected community to pay shall be determined 

5 by the Secretary in accordance with procedures 

6 established by the Secretary. 

7 (C) EFFECT OF REDUCTION.—Any reduc8 tion in the non-Federal share of the cost of a 

9 project described in paragraph (1) as a result 

10 of a determination under this paragraph shall 

11 not be included in the Federal share for pur12 poses of subparagraphs (A) and (B) of para13 graph (3). 

14 SEC. 121. EMERGENCY RESPONSE TO NATURAL DISASTERS. 

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

16 18, 1941 (33 U.S.C. 701n) is amended— 

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

18 following— 

19 ‘‘(5) FEASIBILITY STUDY.— 

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

21 180 days after receiving, from a non-Federal 

22 sponsor of a project to repair or rehabilitate a 

23 flood control work described in paragraph (1), 

24 a request to initiate a feasibility study to fur25 ther modify the relevant flood control work to 


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1 provide for an increased level of protection, the 

2 Secretary shall provide to the non-Federal spon3 sor a written decision on whether the Secretary 

4 has the authority under section 216 of the 

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

6 undertake the requested feasibility study. 

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

8 determines under subparagraph (B) that the 

9 Secretary does not have the authority to under10 take the requested feasibility study, the Sec11 retary shall include the request for a feasibility 

12 study in the annual report submitted under sec13 tion 7001 of the Water Resources Reform and 

14 Development Act of 2014.’’; and 

15 (2) in subsection (c)— 

16 (A) in the subsection heading, by striking 

17 ‘‘LEVEE OWNERS MANUAL’’ and inserting 

18 ‘‘ELIGIBILITY’’; 

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

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

21 OWNER’S MANUAL’’; 

22 (C) by redesignating paragraphs (2) and 

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

24 inserting after paragraph (1) the following: 

25 ‘‘(2) COMPLIANCE.— 


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

2 status of compliance of a non-Federal interest 

3 with the requirements of a levee owner’s man4 ual described in paragraph (1), or with any 

5 other eligibility requirement established by the 

6 Secretary related to the maintenance and up7 keep responsibilities of the non-Federal interest, 

8 the Secretary shall consider the non-Federal in9 terest to be eligible for repair and rehabilitation 

10 assistance under this section if the non-Federal 

11 interest— 

12 ‘‘(i) enters into a written agreement 

13 with the Secretary that identifies any items 

14 of deferred or inadequate maintenance and 

15 upkeep identified by the Secretary prior to 

16 the natural disaster; and 

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

18 repair and rehabilitation work, all costs to 

19 address— 

20 ‘‘(I) any items of deferred or in21 adequate maintenance and upkeep 

22 identified by the Secretary; and 

23 ‘‘(II) any repair or rehabilitation 

24 work necessary to address damage the 


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1 Secretary attributes to such deferred 

2 or inadequate maintenance or upkeep. 

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

4 only enter into one agreement under subpara5 graph (A) with any non-Federal interest. 

6 ‘‘(C) SUNSET.—The authority of the Sec7 retary to enter into agreements under para8 graph (2) shall terminate on the date that is 5 

9 years after the date of enactment of this Act.’’; 

10 and 

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

12 by striking ‘‘this subsection’’ and inserting 

13 ‘‘paragraph (1)’’. 

14 SEC. 122. STUDY ON NATURAL INFRASTRUCTURE AT CORPS 

15 OF ENGINEERS PROJECTS. 

16 (a) DEFINITION OF NATURAL FEATURE AND NA17 TURE-BASED FEATURE.—In this section, the terms ‘‘nat18 ural feature’’ and ‘‘nature-based feature’’ have the mean19 ings given those terms in section 1184(a) of the Water 

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

21 2289a(a)). 

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

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

24 United States shall conduct, and submit to the Committee 

25 on Transportation and Infrastructure of the House of 


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1 Representatives and the Committee on Environment and 

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

3 a study on the consideration by the Secretary of natural 

4 infrastructure, natural features, and nature-based fea5 tures in the study of the feasibility of projects for flood 

6 risk management, hurricane and storm damage risk re7 duction, and ecosystem restoration. 

8 (c) REQUIREMENTS.—The study under subsection 

9 (b) shall include— 

10 (1) a description of guidance or instructions 

11 issued, and other measures taken, by the Secretary 

12 to consider natural infrastructure, natural features, 

13 and nature-based features in project feasibility stud14 ies; 

15 (2) an assessment, based on information from 

16 relevant Federal and non-Federal sources, of— 

17 (A) the costs, benefits, and effects associ18 ated with natural infrastructure, natural fea19 tures, and nature-based features recommended 

20 by the Secretary for flood risk management, 

21 hurricane and storm damage risk reduction, 

22 and ecosystem restoration; and 

23 (B) the effectiveness of natural infrastruc24 ture, natural features, and nature-based fea25 tures; 


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1 (3) an analysis of projects for flood risk man2 agement, hurricane and storm damage risk reduc3 tion, and ecosystem restoration that have incor4 porated natural infrastructure, natural features, or 

5 nature-based features to identify best practices, in6 cluding for measuring project benefits and costs; 

7 (4) a description of any statutory, fiscal, regu8 latory, or other policy barriers to the appropriate 

9 consideration and use of a full array of natural in10 frastructure, natural features, and nature-based fea11 tures in carrying out feasibility studies and projects; 

12 and 

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

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

15 use of natural infrastructure, natural features, and 

16 nature-based features by the Corps of Engineers in 

17 carrying out feasibility studies and projects. 

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

19 Section 6002 of the Water Resources Reform and De20 velopment Act of 2014 (128 Stat. 1349) is amended to 

21 read as follows: 

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

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

24 assessment of projects constructed by the Secretary for 


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1 which the Secretary continues to have financial or oper2 ational responsibility. 

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

4 the date of enactment of the Water Resources Develop5 ment Act of 2020, the Secretary shall, based on the as6 sessment carried out under subsection (a), develop an in7 ventory of projects or portions of projects— 

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

9 Corps of Engineers; or 

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

11 though the use of natural features or nature-based 

12 features (as those terms are defined in section 

13 1184(a) of the Water Resources Development Act of 

14 2016 (33 U.S.C. 2289a(a)), could improve the sus15 tainable operations of the project, or reduce oper16 ation and maintenance costs for the project. 

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

18 subsection (a) and developing the inventory under sub19 section (b), the Secretary shall use the following criteria: 

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

21 the current missions of the Corps of Engineers. 

22 ‘‘(2) The economic and environmental impacts 

23 of the project on existing communities in the vicinity 

24 of the project. 


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

2 modification of the project could reduce operation 

3 and maintenance costs of the Corps of Engineers. 

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

5 modification of the project is in the public interest. 

6 ‘‘(5) The extent to which investment of addi7 tional Federal resources in the project proposed for 

8 divestment or modification, including investment 

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

10 is in the public interest. 

11 ‘‘(6) The extent to which the authorized pur12 pose of the project is no longer being met. 

13 ‘‘(d) RECOMMENDATIONS OF NON-FEDERAL INTER14 ESTS.—A non-Federal interest for a project may rec15 ommend that the Secretary include such project in the as16 sessment or inventory required under this section. 

17 ‘‘(e) REPORT TO CONGRESS.— 

18 ‘‘(1) IN GENERAL.—Upon completion of the in19 ventory required by subsection (b), the Secretary 

20 shall submit to the Committee on Environment and 

21 Public Works of the Senate and the Committee on 

22 Transportation and Infrastructure of the House of 

23 Representatives, and make publicly available, a re24 port containing the findings of the Secretary with 


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1 respect to the assessment and inventory required 

2 under this section. 

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

4 appendix any recommendation of a non-Federal in5 terest made with respect to a project under sub6 section (d) that the Secretary determines not to in7 clude in the inventory developed under subsection 

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

9 information about the request and the reasons for 

10 the Secretary’s determination.’’. 

11 SEC. 124. SENSE OF CONGRESS ON MULTI-PURPOSE 

12 PROJECTS. 

13 It is the sense of Congress that the Secretary, in co14 ordination with non-Federal interests, should maximize 

15 the development, evaluation, and recommendation of 

16 project alternatives for future water resources develop17 ment projects that produce multiple project benefits, such 

18 as navigation, flood risk management, and ecosystem res19 toration benefits, including through the use of natural or 

20 nature-based features and the beneficial reuse of dredged 

21 material. 

22 SEC. 125. BENEFICIAL REUSE OF DREDGED MATERIAL; 

23 DREDGED MATERIAL MANAGEMENT PLANS. 

24 (a) NATIONAL POLICY ON THE BENEFICIAL REUSE

25 OF DREDGED MATERIAL.— 


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

2 States for the Corps of Engineers to maximize the 

3 beneficial reuse, in an environmentally acceptable 

4 manner, of suitable dredged material obtained from 

5 the construction or operation and maintenance of 

6 water resources development projects. 

7 (2) PLACEMENT OF DREDGED MATERIALS.— 

8 (A) IN GENERAL.—In evaluating the place9 ment of dredged material obtained from the 

10 construction or operation and maintenance of 

11 water resources development projects, the Sec12 retary shall consider— 

13 (i) the suitability of the dredged mate14 rial for a full range of beneficial uses; and 

15 (ii) the economic and environmental 

16 benefits, efficiencies, and impacts (includ17 ing the effects on living coral) of using the 

18 dredged material for beneficial uses, in19 cluding, in the case of beneficial reuse ac20 tivities that involve more than one water 

21 resources development project, the benefits, 

22 efficiencies, and impacts that result from 

23 the combined activities. 

24 (B) CALCULATION OF FEDERAL STAND25 ARD.—The economic benefits and efficiencies 


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1 from the beneficial use of dredged material con2 sidered by the Secretary under subparagraph 

3 (A) shall be included in any determination re4 lating to the ‘‘Federal standard’’ by the Sec5 retary under section 335.7 of title 33, Code of 

6 Federal Regulations for the placement or dis7 posal of such material. 

8 (b) BENEFICIAL USE OF DREDGED MATERIAL.— 

9 (1) PILOT PROGRAM PROJECTS.—Section 1122 

10 of the Water Resources Development Act of 2016 

11 (33 U.S.C. 2326 note) is amended— 

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

13 and inserting ‘‘30’’; and 

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

15 inserting ‘‘30’’. 

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

17 Congress that the Secretary, in selecting projects for 

18 the beneficial reuse of dredged materials under sec19 tion 1122 of the Water Resources Development Act 

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

21 thorough evaluation of project submissions from 

22 rural, small, and economically disadvantaged com23 munities. 

24 (c) FIVE-YEAR REGIONAL DREDGED MATERIAL

25 MANAGEMENT PLANS.— 


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

2 the date of enactment of this Act, and annually 

3 thereafter, the District Commander of each district 

4 of the Corps of Engineers that obtains dredged ma5 terial through the construction or operation and 

6 maintenance of a water resources development 

7 project shall, at Federal expense, develop and submit 

8 to the Secretary a 5-year dredged material manage9 ment plan in coordination with relevant State agen10 cies and stakeholders. 

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

12 subsection shall include— 

13 (A) a dredged material budget for each 

14 watershed or littoral system within the district; 

15 (B) an estimate of the amount of dredged 

16 material likely to be obtained through the con17 struction or operation and maintenance of all 

18 water resources development projects projected 

19 to be carried out within the district during the 

20 5-year period following submission of the plan, 

21 and the estimated timing for obtaining such 

22 dredged material; 

23 (C) an identification of potential water re24 sources development projects projected to be 

25 carried out within the district during such 5- 


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1 year period that are suitable for, or that re2 quire, the placement of dredged material, and 

3 an estimate of the amount of dredged material 

4 placement capacity of such projects; 

5 (D) an evaluation of— 

6 (i) the suitability of the dredged mate7 rial for a full range of beneficial uses; and 

8 (ii) the economic and environmental 

9 benefits, efficiencies, and impacts (includ10 ing the effects on living coral) of using the 

11 dredged material for beneficial uses, in12 cluding, in the case of beneficial reuse ac13 tivities that involve more than one water 

14 resources development project, the benefits, 

15 efficiencies, and impacts that result from 

16 the combined activities; and 

17 (E) the district-wide goals for beneficial 

18 reuse of the dredged material, including any ex19 pected cost savings from aligning and coordi20 nating multiple projects (including projects 

21 across Corps districts) in the reuse of the 

22 dredged material. 

23 (3) PUBLIC COMMENT.—In developing each 

24 plan under this subsection, each District ComVerDate Sep 11 2014 00:45 Jul 14, 2020 Jkt 099200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H7575.IH H7575

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1 mander shall provide notice and an opportunity for 

2 public comment. 

3 (4) PUBLIC AVAILABILITY.—Upon submission 

4 of each plan to the Secretary under this subsection, 

5 each District Commander shall make the plan pub6 licly available, including on a publicly available 

7 website. 

8 (d) DREDGE PILOT PROGRAM.— 

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

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

11 2326 note) is amended— 

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

13 operation and maintenance of harbors and in14 land harbors’’ and all that follows through the 

15 period at the end and inserting the following: 

16 ‘‘for the— 

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

18 section 210(a)(2) of the Water Resources Develop19 ment Act of 1986 (33 U.S.C. 2238(a)(2)); or 

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

21 United States described in section 206 of the Inland 

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

23 1804).’’; and 


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1 (B) in subsection (b), by striking ‘‘or in2 land harbors’’ and inserting ‘‘, inland harbors, 

3 or inland or intracoastal waterways’’. 

4 (2) COORDINATION WITH EXISTING AUTHORI5 TIES.—The Secretary may carry out the dredge pilot 

6 program authorized by section 1111 of the Water 

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

8 2326 note) in coordination with Federal regional 

9 dredge demonstration programs in effect on the date 

10 of enactment of this Act. 

11 SEC. 126. AQUATIC ECOSYSTEM RESTORATION FOR ANAD12 ROMOUS FISH. 

13 (a) ANADROMOUS FISH HABITAT AND PASSAGE.— 

14 Section 206 of the Water Resources Development Act of 

15 1996 (33 U.S.C. 2330) is amended— 

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

17 following: 

18 ‘‘(3) ANADROMOUS FISH HABITAT AND PAS19 SAGE.— 

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

21 section may include measures to improve habi22 tat or passage for anadromous fish, including— 

23 ‘‘(i) installing fish bypass structures 

24 on small water diversions; 

25 ‘‘(ii) modifying tide gates; and 


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1 ‘‘(iii) restoring or reconnecting 

2 floodplains and wetlands that are impor3 tant for anadromous fish habitat or pas4 sage. 

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

6 measures under this paragraph shall be formu7 lated to maximize benefits for the anadromous 

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

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

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

11 projects that include measures described in subsection 

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

13 under this section.’’. 

14 SEC. 127. ANNUAL REPORT TO CONGRESS. 

15 Section 7001(c)(4)(B) of the Water Resources Re16 form and Development Act of 2014 (33 U.S.C. 

17 2282d(c)(4)(B)) is amended— 

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

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

20 and 

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

22 ‘‘(ii) the Secretary shall not include 

23 proposals in the appendix of the annual re24 port that otherwise meet the criteria for 

25 inclusion in the annual report solely on the 


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1 basis that the proposals are for the pur2 poses of navigation, flood risk manage3 ment, ecosystem restoration, or municipal 

4 or agricultural water supply; and’’. 

5 SEC. 128. HARMFUL ALGAL BLOOM DEMONSTRATION PRO6 GRAM. 

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

8 demonstration program to determine the causes of, and 

9 implement measures to effectively detect, prevent, treat, 

10 and eliminate, harmful algal blooms associated with water 

11 resources development projects. 

12 (b) CONSULTATION; USE OF EXISTING DATA AND

13 PROGRAM AUTHORITIES.—In carrying out the demonstra14 tion program under subsection (a), the Secretary shall— 

15 (1) consult with the heads of appropriate Fed16 eral and State agencies; and 

17 (2) make maximum use of existing Federal and 

18 State data and ongoing programs and activities of 

19 Federal and State agencies, including the activities 

20 of the Secretary carried out through the Engineer 

21 Research and Development Center pursuant to sec22 tion 1109 of the Water Resources Development Act 

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

24 (c) FOCUS AREAS.—In carrying out the demonstra25 tion program under subsection (a), the Secretary shall unVerDate Sep 11 2014 00:45 Jul 14, 2020 Jkt 099200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H7575.IH H7575

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1 dertake program activities related to harmful algal blooms 

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

3 State of New Jersey, and Lake Okeechobee, Florida. 

4 SEC. 129. UPDATE ON INVASIVE SPECIES POLICY GUID5 ANCE. 

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

7 update the Invasive Species Policy Guidance, developed 

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

9 (33 U.S.C. 610) and the Nonindigenous Aquatic Nuisance 

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

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

12 Invasive Species Council Management Plan developed pur13 suant to Executive Order 13112. 

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

15 updated guidance invasive species specific efforts at feder16 ally authorized water resources development projects lo17 cated in— 

18 (1) high-altitude lakes; and 

19 (2) the Tennessee and Cumberland River ba20 sins. 

21 SEC. 130. REPORT ON DEBRIS REMOVAL. 

22 Section 1210 of the Water Resources Development 

23 Act of 2018 (132 Stat. 3808) is amended to read as fol24 lows: 


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

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

3 of the Water Resources Development Act of 2020, the Sec4 retary shall submit to Congress and make publicly avail5 able a report that describes— 

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

7 years prior to such date of enactment, the Secretary 

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

9 1945 (33 U.S.C. 603a); 

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

11 work to be carried out under that section; and 

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

13 start, continue, or complete debris removal activities 

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

15 SEC. 131. MISSOURI RIVER INTERCEPTION-REARING COM16 PLEX CONSTRUCTION. 

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

18 of enactment of this Act, and annually thereafter, the Sec19 retary shall submit to the Committee on Transportation 

20 and Infrastructure of the House of Representatives and 

21 the Committee on Environment and Public Works of the 

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

23 complex constructed on the Missouri River on— 

24 (1) flood risk management and navigation; and 

25 (2) the population recovery of the pallid stur26 geon, including baseline population counts. 


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1 (b) NO ADDITIONAL IRC CONSTRUCTION.—The Sec2 retary may not authorize construction of an interception3 rearing complex on the Missouri River until the Sec4 retary— 

5 (1) submits the report required by subsection 

6 (a); 

7 (2) acting through the Engineer Research and 

8 Development Center, conducts further research on 

9 interception-rearing complex design, including any 

10 effects on existing flows, flood risk management, and 

11 navigation; and 

12 (3) develops a plan— 

13 (A) to repair dikes and revetments that are 

14 affecting flood risk and bank erosion; and 

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

16 control structures at the headworks of con17 structed shallow water habitat side-channels. 

18 (c) FUTURE IRC CONSTRUCTION.— 

19 (1) PUBLIC COMMENT.—The Secretary shall 

20 provide an opportunity for comment from the public 

21 and the Governor of each affected State on any pro22 posals to construct an interception-rearing complex 

23 after the date of enactment of this Act. 

24 (2) PERIOD.—The public comment period re25 quired by paragraph (1) shall be not less than 90 


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1 days for each proposal to construct an interception2 rearing complex on the Missouri River. 

3 SEC. 132. COST AND BENEFIT FEASIBILITY ASSESSMENT. 

4 Section 5(a)(2)(B) of the Act of August 18, 1941 (33 

5 U.S.C. 701n(a)(2)(B)) is amended— 

6 (1) in clause (i)(I), by inserting ‘‘or contribute’’ 

7 after ‘‘pay’’; and 

8 (2) in clause (ii)— 

9 (A) in the heading, by inserting ‘‘AND CON10 TRIBUTIONS’’ after ‘‘OF PAYMENTS’’; 

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

12 ‘‘Non-Federal payments’’; and 

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

14 ‘‘non-Federal payments’’. 

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

16 RESTORATION, OR REHABILITATION OF 

17 PROJECTS. 

18 (a) IN GENERAL.—In any area covered by an emer19 gency or major disaster declaration declared under the 

20 Robert T. Stafford Disaster Relief and Emergency Assist21 ance Act (42 U.S.C. 5121 et seq.), the Secretary is au22 thorized to accept and use materials, services, and funds, 

23 during the period the declaration is in effect, from a non24 Federal interest or private entity to repair, restore, or re25 habilitate a federally authorized water resources developVerDate Sep 11 2014 00:45 Jul 14, 2020 Jkt 099200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H7575.IH H7575

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1 ment project, and to provide reimbursement to such non2 Federal interest or private entity for such materials, serv3 ices, and funds, in the Secretary’s sole discretion, and sub4 ject to the availability of appropriations, if the Secretary 

5 determines that reimbursement is in the public interest. 

6 (b) ADDITIONAL REQUIREMENT.—The Secretary 

7 may only reimburse for the use of materials or services 

8 accepted under this section if such materials or services 

9 meet the Secretary’s specifications and comply with all ap10 plicable laws and regulations that would apply if such ma11 terials and services were acquired by the Secretary, includ12 ing sections 3141 through 3148 and 3701 through 3708 

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

14 United States Code, and the National Environmental Pol15 icy Act of 1969. 

16 (c) AGREEMENTS.— 

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

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

19 Secretary and the non-Federal interest shall enter 

20 into an agreement that specifies— 

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

22 save the United States free from any and all 

23 damages that arise from use of materials or 

24 services of the non-Federal interest, except for 


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1 damages due to the fault or negligence of the 

2 United States or its contractors; 

3 (B) the non-Federal interest shall certify 

4 that the materials or services comply with all 

5 applicable laws and regulations under sub6 section (b); and 

7 (C) any other term or condition required 

8 by the Secretary. 

9 (2) EXCEPTION.—If an agreement under para10 graph (1) was not entered prior to materials or serv11 ices being contributed, a non-Federal interest shall 

12 enter into an agreement with the Secretary that— 

13 (A) specifies the value, as determined by 

14 the Secretary, of those materials or services 

15 contributed and eligible for reimbursement; and 

16 (B) ensures that the materials or services 

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

18 SEC. 134. LEVEE SAFETY. 

19 Section 9004 of the Water Resources Development 

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

21 the end the following: 

22 ‘‘(d) IDENTIFICATION OF DEFICIENCIES.— 

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

24 an inventory established under subsection (b) or for 


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1 which the Secretary has conducted a review under 

2 subsection (c), the Secretary shall— 

3 ‘‘(A) identify the specific engineering and 

4 maintenance deficiencies, if any; and 

5 ‘‘(B) describe the recommended remedies 

6 to correct each deficiency identified under sub7 paragraph (A), and, if requested by owner of a 

8 non-Federal levee, the associated costs of those 

9 remedies. 

10 ‘‘(2) CONSULTATION.—In identifying defi11 ciencies and describing remedies for a levee under 

12 paragraph (1), the Secretary shall consult with rel13 evant non-Federal interests, including by providing 

14 an opportunity for comment by those non-Federal 

15 interests.’’. 

16 SEC. 135. NATIONAL DAM SAFETY PROGRAM. 

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

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

19 (1) in subparagraph (A)— 

20 (A) by striking clause (iii) and inserting 

21 the following: 

22 ‘‘(iii) has an emergency action plan 

23 that— 

24 ‘‘(I) is approved by the relevant 

25 State dam safety agency; or 


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1 ‘‘(II) is in conformance with 

2 State law and pending approval by the 

3 relevant State dam safety agency;’’; 

4 and 

5 (B) by striking clause (iv) and inserting 

6 the following: 

7 ‘‘(iv) fails to meet minimum dam safe8 ty standards of the State in which the dam 

9 is located, as determined by the State; and 

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

11 public, as determined by the Adminis12 trator, in consultation with the Board.’’; 

13 (2) in subparagraph (B)(i), by inserting ‘‘under 

14 a hydropower project with an authorized installed 

15 capacity of greater than 1.5 megawatts’’ after 

16 ‘‘dam’’; and 

17 (3) in paragraph (10)— 

18 (A) in the heading, by striking ‘‘NON-FED19 ERAL SPONSOR’’ and inserting ‘‘ELIGIBLE SUB20 RECIPIENT’’; and 

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

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

23 subrecipient’ ’’. 

24 (b) REHABILITATION OF HIGH HAZARD POTENTIAL

25 DAMS.— 


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1 (1) ESTABLISHMENT OF PROGRAM.—Section 

2 8A(a) of the National Dam Safety Program Act (33 

3 U.S.C. 467f–2(a)) is amended by striking ‘‘to non4 Federal sponsors’’ and inserting ‘‘to States with 

5 dam safety programs’’. 

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

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

8 467f–2(b)) is amended, in the matter preceding 

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

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

11 the State to award grants to eligible subrecipients 

12 for’’. 

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

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

15 467f–2(c)) is amended— 

16 (A) in paragraph (1)(A), by striking ‘‘non17 Federal sponsor’’ and inserting ‘‘State’’; and 

18 (B) in paragraph (2)— 

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

20 ‘‘an eligible high hazard potential dam to 

21 a non-Federal sponsor’’ and inserting ‘‘eli22 gible high hazard potential dams to a 

23 State’’; 

24 (ii) in subparagraph (B)— 


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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 

10 grant 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 el19 igible subrecipient, that the dam owner will 

20 carry out a plan for maintenance of the dam 

21 during 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 

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1 recipient under this section that exceeds, 

2 for any 1 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 

21 in 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 


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1 Administrator publishes criteria for hazard 

2 mitigation plans under paragraph (3), 

3 demonstrate that the Tribal or local gov4 ernment 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.— 

11 Not later than 1 year after the date of enactment 

12 of this paragraph, the Administrator, in consultation 

13 with the Board, shall publish criteria for hazard 

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

15 (5) FLOODPLAIN MANAGEMENT PLANS.—Sec16 tion 8A(e) of the National Dam Safety Program Act 

17 (33 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 

25 place it appears; and 


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1 (B) by striking paragraph (3) and insert2 ing 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 ‘‘eli18 gible 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 

23 having a major deficiency; and 

24 (C) the failure of which the Secretary has 

25 determined would impair the function of a flood 


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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 eli7 gible pump station caused by long-term deg8 radation of the foundation, construction mate9 rials, or engineering systems or components of 

10 the eligible 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 eli20 gible 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 


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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 

8 the 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 reha14 bilitation described in subparagraph (A), at no cost 

15 to the Federal Government. 

16 (d) AGREEMENT REQUIRED.—The rehabilitation of 

17 an eligible pump station pursuant to this section shall be 

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

19 a 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. 


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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 Engi5 neers. 

6 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

7 authorized to be appropriated to carry out this section 

8 $60,000,000, to remain available until expended. 

9 SEC. 137. NON-FEDERAL PROJECT IMPLEMENTATION 

10 PILOT PROGRAM. 

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

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

13 amended— 

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

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

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

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

18 inserting ‘‘2026’’; and 

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

20 ‘‘(9) IMPLEMENTATION GUIDANCE.— 

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

22 days after the date of enactment of this para23 graph, the Secretary shall issue guidance for 

24 the implementation of the pilot program that, 

25 to the extent practicable, identifies— 


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1 ‘‘(i) the metrics for measuring the 

2 success of the pilot program; 

3 ‘‘(ii) a process for identifying future 

4 projects to participate in the pilot pro5 gram; 

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

7 a non-Federal interest constructing 

8 projects under the pilot program, including 

9 which entity bears the risk for projects 

10 that fail to meet the Corps of Engineers 

11 standards for design or quality; 

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

13 non-Federal interest must follow in car14 rying out a project under the pilot pro15 gram; and 

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

17 event that a project carried out under the 

18 pilot program fails to be carried out in ac19 cordance with the project authorization or 

20 this subsection. 

21 ‘‘(B) NEW PROJECT PARTNERSHIP AGREE22 MENTS.— The Secretary may not enter into a 

23 project partnership agreement under this sub24 section during the period beginning on the date 

25 of enactment of this paragraph and ending on 


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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 

7 guidance defining the term ‘‘economically disadvantaged 

8 community’’ for the purposes of this Act and the amend9 ments made by this Act. 

10 (b) CONSIDERATIONS.—In defining the term ‘‘eco11 nomically disadvantaged community’’ under subsection 

12 (a), the Secretary shall, to the maximum extent prac13 ticable, utilize the criteria under paragraphs (1) or (2) of 

14 section 301(a) of the Public Works and Economic Devel15 opment Act of 1965 (42 U.S.C. 3161), to the extent that 

16 such criteria are applicable in relation to the development 

17 of water resources development projects. 

18 TITLE II—STUDIES AND 

19 REPORTS 

20 SEC. 201. AUTHORIZATION OF PROPOSED FEASIBILITY 

21 STUDIES. 

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

23 conduct a feasibility study for the following projects for 

24 water resources development and conservation and other 

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


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1 Congress on Future Water Resources Development’’ sub2 mitted to Congress pursuant to section 7001 of the Water 

3 Resources Reform and Development Act of 2014 (33 

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

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

6 Project for flood risk management, Tonto Creek, 

7 Gila River, Arizona. 

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

9 Project for ecosystem restoration, Sulphur River, 

10 Arkansas and Texas. 

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

12 flood risk management, water supply, and related 

13 benefits, Cable Creek, California. 

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

15 for shoreline stabilization, Del Mar Bluffs, San 

16 Diego County, California. 

17 (5) REDBANK AND FANCHER CREEKS, CALI18 FORNIA.—Project for water conservation and water 

19 supply, Redbank and Fancher Creeks, California. 

20 (6) RIO HONDO CHANNEL, CALIFORNIA.— 

21 Project for ecosystem restoration, Rio Hondo Chan22 nel, San Gabriel River, California. 

23 (7) SOUTHERN CALIFORNIA, CALIFORNIA.— 

24 Project for coastal storm damage reduction, South25 ern California. 


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1 (8) SHINGLE CREEK AND KISSIMMEE RIVER, 

2 FLORIDA.—Project for ecosystem restoration and 

3 water storage, Shingle Creek and Kissimmee River, 

4 Osceola County, Florida. 

5 (9) ST. JOHN’S RIVER AND LAKE JESUP, FLOR6 IDA.—Project for ecosystem restoration, St. John’s 

7 River and Lake Jesup, Florida. 

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

9 flood risk management, Waimea River, Kauai, Ha10 waii. 

11 (11) CHICAGO AREA WATERWAYS SYSTEM, ILLI12 NOIS.—Project for ecosystem restoration, recreation, 

13 and other purposes, Illinois River, Chicago River, 

14 Calumet River, Grand Calumet River, Little Cal15 umet River, and other waterways in the vicinity of 

16 Chicago, Illinois. 

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

18 risk management, Fox River, Illinois. 

19 (13) LOWER MISSOURI RIVER, KANSAS.— 

20 Project for bank stabilization and navigation, Lower 

21 Missouri River, Sioux City, Kansas. 

22 (14) TANGIPAHOA PARISH, LOUISIANA.— 

23 Project for flood risk management, Tangipahoa Par24 ish, Louisiana. 


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1 (15) KENT NARROWS AND CHESTER RIVER, 

2 MARYLAND.—Project for navigation, Kent Narrows 

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

4 (16) LOWER ST. CROIX RIVER, MINNESOTA.— 

5 Project for flood risk management, ecosystem res6 toration, and recreation, Lower St. Croix River, 

7 Minnesota. 

8 (17) ESCATAWPA RIVER BASIN, MISSISSIPPI.— 

9 Project for flood risk management and ecosystem 

10 restoration, Escatawpa River, Jackson County, Mis11 sissippi. 

12 (18) LONG BEACH, BAY ST. LOUIS AND MIS13 SISSIPPI SOUND, MISSISSIPPI.—Project for hurricane 

14 and storm damage risk reduction and flood risk 

15 management, Long Beach, Bay St. Louis and Mis16 sissippi Sound, Mississippi. 

17 (19) PASCAGOULA RIVER BASIN, MISSISSIPPI.— 

18 Project for comprehensive watershed study, 

19 Pascagoula, Mississippi. 

20 (20) TALLAHOMA AND TALLAHALA CREEKS, 

21 MISSISSIPPI.—Project for flood risk management, 

22 Leaf River, Jones County, Mississippi. 

23 (21) LOWER OSAGE RIVER BASIN, MISSOURI.— 

24 Project for ecosystem restoration, Lower Osage 

25 River Basin, Missouri. 


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1 (22) UPPER BASIN AND STONY BROOK (GREEN

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

3 JERSEY.—Reevaluation of the Upper Basin and 

4 Stony Brook portions of the project for flood control, 

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

6 Jersey, authorized by section 401 of the Water Re7 sources Development Act of 1986 (100 Stat. 4119), 

8 including the evaluation of non-structural measures 

9 to achieve the project purpose. 

10 (23) LAKE ONTARIO SHORELINE, NEW YORK.— 

11 Project for coastal storm resiliency, Lake Ontario 

12 shoreline, New York. 

13 (24) WADING RIVER CREEK, NEW YORK.— 

14 Project for hurricane and storm damage risk reduc15 tion, flood risk management, navigation, and eco16 system restoration, Wading River Creek, New York. 

17 (25) REEL POINT PRESERVE, NEW YORK.— 

18 Project for navigation and shoreline stabilization, 

19 Reel Point Preserve, New York. 

20 (26) GOLDSMITH INLET, NEW YORK.—Project 

21 for navigation, Goldsmith Inlet, New York. 

22 (27) TUSCARAWAS RIVER BASIN, OHIO.— 

23 Project for comprehensive watershed study, 

24 Tuscarawas River Basin, Ohio. 


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1 (28) LOWER COLUMBIA RIVER BASIN (TURNING

2 BASIN), OREGON AND WASHINGTON.—Project to im3 prove turning basins for the project for navigation, 

4 Columbia River Channel, Oregon and Washington, 

5 authorized by section 101(b)(13) of the Water Re6 sources Development Act of 1999 (113 Stat. 280). 

7 (29) WILLIAMSPORT, PENNSYLVANIA.—Project 

8 for flood risk management and levee rehabilitation, 

9 greater Williamsport, Pennsylvania. 

10 (30) CITY OF CHARLESTON, SOUTH CARO11 LINA.—Project for tidal- and inland-related flood 

12 risk management, Charleston, South Carolina. 

13 (31) TENNESSEE AND CUMBERLAND RIVER BA14 SINS, TENNESSEE.—Project to deter, impede, or re15 strict the dispersal of aquatic nuisance species in the 

16 Tennessee and Cumberland River Basins, Ten17 nessee. 

18 (32) PORT ARTHUR AND VICINITY, TEXAS.— 

19 Modification of the project for hurricane and storm 

20 damage risk reduction, Port Arthur and vicinity, 

21 Texas, authorized by section 203 of the Flood Con22 trol Act of 1962 (76 Stat. 1184), to reduce the re23 sidual risk of flooding through the construction of 

24 improvements to interior drainage. 


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1 (33) PORT OF VICTORIA, TEXAS.—Project for 

2 flood risk management, Port of Victoria, Texas. 

3 (34) LOWER FOX RIVER BASIN, WISCONSIN.— 

4 Project for comprehensive watershed study, Lower 

5 Fox River Basin, Wisconsin. 

6 (35) UPPER FOX RIVER AND WOLF RIVER, WIS7 CONSIN.—Project for flood risk management and 

8 ecosystem restoration, Upper Fox River and Wolf 

9 River, Wisconsin. 

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

11 any study carried out by the Secretary to formulate the 

12 modifications to the project for hurricane and storm dam13 age risk reduction, Port Arthur and vicinity, Texas, identi14 fied in subsection (b)(32) shall be considered a continu15 ation of the study carried out for Sabine Pass to Galveston 

16 Bay, Texas, authorized by a resolution of the Committee 

17 on Environment and Public Works of the Senate, ap18 proved June 23, 2004. 

19 SEC. 202. EXPEDITED COMPLETIONS. 

20 (a) FEASIBILITY REPORTS.—The Secretary shall ex21 pedite the completion of a feasibility study for each of the 

22 following projects, and if the Secretary determines that 

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

24 directly to preconstruction planning, engineering, and de25 sign of the project: 


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

2 Alaska. 

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

4 Harbor, American Samoa. 

5 (3) Project for shoreline stabilization, Tutuila 

6 Island, American Samoa. 

7 (4) Project for flood risk management, Lower 

8 Santa Cruz River, Arizona. 

9 (5) Project for flood control, water conserva10 tion, and related purposes, Coyote Valley Dam, Cali11 fornia. 

12 (6) Project for flood damage reduction and eco13 system restoration, Del Rosa Channel, city of San 

14 Bernardino, California. 

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

17 San Bernardino and Redlands, California. 

18 (8) Project for flood risk management, Prado 

19 Basin, California. 

20 (9) Project to modify the project for navigation, 

21 San Francisco Bay to Stockton, California. 

22 (10) Project to modify the Seven Oaks Dam, 

23 California, portion of the project for flood control, 

24 Santa Ana River Mainstem, California, authorized 

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1 ment Act of 1986 (100 Stat. 4113; 101 Stat. 1329– 

2 111; 104 Stat. 4611; 110 Stat. 3713; 121 Stat. 

3 1115), to include water conservation as an author4 ized purpose. 

5 (11) Project to modify the project for naviga6 tion, Delaware River Mainstem and Channel Deep7 ening, Delaware, New Jersey, and Pennsylvania, au8 thorized by section 101(6) of the Water Resources 

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

10 Stat. 300; 114 Stat. 1262) to include the construc11 tion of a turning basin located near the Packer Ave12 nue Marine Terminal. 

13 (12) Project for ecosystem restoration, Central 

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

15 South Dade County, Florida. 

16 (13) Project for comprehensive hurricane and 

17 storm damage risk reduction and shoreline erosion 

18 protection, Chicago, Illinois, authorized by section 

19 101(a)(12) of the Water Resources Development Act 

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

21 (14) Project for flood risk management, Whea22 ton, DuPage County, Illinois. 

23 (15) Project for flood damage reduction, eco24 system restoration, and recreation, Blue River 

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


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1 the resolution of the Committee on Transportation 

2 and Infrastructure of the House of Representatives 

3 adopted on September 24, 2008 (docket number 

4 2803). 

5 (16) Project to deepen the project for naviga6 tion, Gulfport Harbor, Mississippi, authorized by 

7 section 202(a) of the Water Resources Development 

8 Act of 1986 (100 Stat. 4094). 

9 (17) Project for hurricane and storm damage 

10 risk reduction, Raritan Bay and Sandy Hook Bay, 

11 Highlands, New Jersey. 

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

13 Jersey. 

14 (19) Project for flood risk management, 

15 Rondout Creek-Wallkill River Watershed, New York, 

16 carried out pursuant to the resolution of the Com17 mittee on Transportation and Infrastructure of the 

18 House of Representatives adopted on May 2, 2007 

19 (docket number 2776). 

20 (20) Project for ecosystem restoration and hur21 ricane and storm damage risk reduction, Spring 

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

23 (21) Project for flood control, 42nd Street 

24 Levee, Springfield, Oregon, being carried out under 


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

2 U.S.C. 701s). 

3 (22) Project for ecosystem restoration, Hood 

4 River at the confluence with the Columbia River, Or5 egon. 

6 (23) Project for flood risk management, Rio 

7 Culebrinas, Puerto Rico. 

8 (24) Project for flood risk management, Rio 

9 Grande de Manati, Puerto Rico. 

10 (25) Project for flood risk management, Rio 

11 Guayanilla, Puerto Rico. 

12 (26) Project for flood risk management, Dor13 chester County, South Carolina. 

14 (27) Project for navigation, Georgetown Har15 bor, South Carolina. 

16 (28) Project for hurricane and storm damage 

17 risk reduction, Myrtle Beach, South Carolina. 

18 (29) Project to modify the projects for naviga19 tion and other purposes, Old Hickory Lock and Dam 

20 and the Cordell Hull Dam and Reservoir, Cum21 berland River, Tennessee, authorized by the Act of 

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

23 flood risk management as an authorized purpose. 

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1 poses, Lower Rio Grande River, Cameron County, 

2 Texas, carried out pursuant to the resolution of the 

3 Committee on Transportation and Infrastructure of 

4 the House of Representatives adopted on May 21, 

5 2003 (docket number 2710). 

6 (31) Project for flood risk management, Savan 

7 Gut Phase II, St. Thomas, United States Virgin Is8 lands. 

9 (32) Project for flood risk management, Tur10 pentine Run, St. Thomas, United States Virgin Is11 lands. 

12 (33) Project for navigation, North Landing 

13 Bridge, Atlantic Intracoastal Waterway, Virginia. 

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

15 Secretary shall expedite completion of a post-authorization 

16 change report for the following projects: 

17 (1) Project for ecosystem restoration, Tres 

18 Rios, Arizona. 

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

20 River, California. 

21 (3) Project for ecosystem restoration, Central 

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

23 South Dade County, Florida. 

24 (4) Project for ecosystem restoration, Com25 prehensive Everglades Restoration Plan, 


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1 Caloosahatchee River C–43, West Basin Storage 

2 Reservoir, Florida. 

3 (5) Project for flood risk management, Des 

4 Moines Levee System, including Birdland Park 

5 Levee, Des Moines and Raccoon Rivers, Des Moines, 

6 Iowa. 

7 (c) WATERSHED AND RIVER BASIN ASSESSMENTS.— 

8 The Secretary shall expedite the completion of an assess9 ment under section 729 of the Water Resources Develop10 ment Act of 1986 (33 U.S.C. 2267a), for the following: 

11 (1) Kansas River Basin, Kansas. 

12 (2) Merrimack River Basin, Massachusetts. 

13 (d) DISPOSITION STUDY.—The Secretary shall expe14 dite the completion of a disposition study, carried out 

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

16 U.S.C. 549a), for the project for Salinas Reservoir (Santa 

17 Margarita Lake), California. 

18 SEC. 203. FEASIBILITY STUDY MODIFICATIONS. 

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

20 of the Water Resources Development Act of 1976 (90 

21 Stat. 2930) is amended— 

22 (1) by inserting ‘‘, San Francisco, Marin,’’ after 

23 ‘‘Sonoma’’; 


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1 (2) by inserting ‘‘, and along the ocean shore2 line of San Mateo, San Francisco, and Marin Coun3 ties,’’ after ‘‘Sacramento and San Joaquin Rivers’’; 

4 (3) by inserting ‘‘and, with respect to the bay 

5 and ocean shorelines of San Mateo, San Francisco, 

6 and Marin Counties, the feasibility of and the Fed7 eral interest in providing measures to adapt to rising 

8 sea levels’’ after ‘‘tidal and fluvial flooding’’; 

9 (4) by striking ‘‘investigation’’ and inserting in 

10 its place ‘‘investigations’’; and 

11 (5) by inserting after ‘‘San Francisco Bay re12 gion’’ the following: ‘‘and, with respect to the bay 

13 and ocean shorelines and streams running to the bay 

14 and ocean shorelines of San Mateo, San Francisco, 

15 and Marin Counties, the effects of proposed meas16 ures or improvements on the local economy; habitat 

17 restoration, enhancement, or expansion efforts or op18 portunities; public infrastructure protection and im19 provement; stormwater runoff capacity and control 

20 measures, including those that may mitigate flood21 ing; erosion of beaches and coasts; and any other 

22 measures or improvements relevant to adapting to 

23 rising sea levels’’. 

24 (b) SACRAMENTO RIVER, SOUTHERN SUTTER COUN25 TY, CALIFORNIA.—The study for flood control and allied 


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1 purposes for the Sacramento River Basin, authorized by 

2 section 209 of the Flood Control Act of 1962 (76 Stat. 

3 1197), is modified to authorize the Secretary to conduct 

4 a study for flood risk management, southern Sutter Coun5 ty between the Sacramento River and Sutter Bypass, Cali6 fornia. 

7 (c) SALTON SEA, CALIFORNIA.—In carrying out the 

8 program to implement projects to restore the Salton Sea, 

9 California, authorized by section 3032 of the Water Re10 sources Development Act of 2007 (121 Stat. 1113; 130 

11 Stat. 1677), the Secretary is authorized to carry out a 

12 study for the construction of a perimeter lake, or a north13 ern or southern subset thereof, for the Salton Sea, Cali14 fornia. 

15 (d) NEW YORK AND NEW JERSEY HARBOR AND

16 TRIBUTARIES, NEW YORK AND NEW JERSEY.—The study 

17 for flood and storm damage reduction for the New York 

18 and New Jersey Harbor and Tributaries project, author19 ized by Act of June 15, 1955 (chapter 140, 69 Stat. 132), 

20 and being carried out pursuant to the Disaster Relief Ap21 propriations Act, 2013 (Public Law 113–2), is modified 

22 to require the Secretary to— 

23 (1) evaluate and address the impacts of low-fre24 quency precipitation and sea-level rise on the study 

25 area; 


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1 (2) consult with affected communities; and 

2 (3) ensure the study is carried out in accord3 ance with section 1001 of the Water Resources Re4 form and Development Act of 2014 (33 U.S.C. 

5 2282c). 

6 SEC. 204. SELMA, ALABAMA. 

7 Not later than 180 days after the date of enactment 

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

9 on Transportation and Infrastructure of the House of 

10 Representatives and the Committee on Environment and 

11 Public Works of the Senate a report that— 

12 (1) provides an update on the study for flood 

13 risk management and riverbank stabilization, Selma, 

14 Alabama, authorized by resolutions of the Commit15 tees on Public Works and Rivers and Harbors of the 

16 House of Representatives on June 7, 1961, and 

17 April 28, 1936, respectively, the completion of which 

18 the Secretary was required to expedite by section 

19 1203 of the Water Resources Development Act of 

20 2018 (132 Stat. 3803); and 

21 (2) identifies project alternatives necessary to— 

22 (A) assure the preservation of cultural and 

23 historic values associated with national historic 

24 landmarks within the study area; and 


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1 (B) provide flood risk management for eco2 nomically disadvantaged communities within the 

3 study area. 

4 SEC. 205. COMPREHENSIVE STUDY OF THE SACRAMENTO 

5 RIVER, YOLO BYPASS, CALIFORNIA. 

6 (a) COMPREHENSIVE STUDY.—The Secretary shall 

7 conduct a comprehensive study of the Sacramento River 

8 in the vicinity of the Yolo Bypass System, California, to 

9 identify actions to be undertaken by the Secretary for the 

10 comprehensive management of the Yolo Bypass System 

11 for the purposes of flood risk management, ecosystem res12 toration, water supply, hydropower, and recreation. 

13 (b) CONSULTATION AND USE OF EXISTING DATA.— 

14 (1) CONSULTATION.—In conducting the com15 prehensive study under subsection (a), the Secretary 

16 shall consult with the Governor of the State of Cali17 fornia, applicable Federal, State, and local agencies, 

18 non-Federal interests, the Yolo Bypass and Cache 

19 Slough Partnership, and other stakeholders. 

20 (2) USE OF EXISTING DATA AND PRIOR STUD21 IES.—To the maximum extent practicable and where 

22 appropriate, the Secretary may— 

23 (A) make use of existing data provided to 

24 the Secretary by the entities identified in para25 graph (1); and 


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1 (B) incorporate— 

2 (i) relevant information from prior 

3 studies and projects carried out by the 

4 Secretary within the study area; and 

5 (ii) the latest technical data and sci6 entific approaches to changing hydrologic 

7 and climatic conditions. 

8 (c) RECOMMENDATIONS.— 

9 (1) IN GENERAL.—In conducting the com10 prehensive study under subsection (a), the Secretary 

11 may develop a recommendation to Congress for— 

12 (A) the construction of a water resources 

13 development project; 

14 (B) the structural or operational modifica15 tion of an existing water resources development 

16 project; 

17 (C) additional monitoring of, or adaptive 

18 management measures to carry out with respect 

19 to, existing water resources development 

20 projects, to respond to changing hydrologic and 

21 climatic conditions; or 

22 (D) geographic areas within the Yolo By23 pass System for additional study by the Sec24 retary. 


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1 (2) ADDITIONAL CONSIDERATIONS.—Any feasi2 bility study carried out pursuant to a recommenda3 tion under paragraph (1)(D) shall be considered to 

4 be a continuation of the comprehensive study au5 thorized under subsection (a). 

6 (d) COMPLETION OF STUDY; REPORT TO CON7 GRESS.—Not later than 3 years after the date of enact8 ment of this section, the Secretary shall submit to the 

9 Committee on Transportation and Infrastructure of the 

10 House of Representatives and the Committee on Environ11 ment and Public Works of the Senate a report detailing— 

12 (1) the results of the comprehensive study con13 ducted under subsection (a), including any rec14 ommendations developed under subsection (c); 

15 (2) any additional, site-specific areas within the 

16 Yolo Bypass System where additional study for flood 

17 risk management or ecosystem restoration projects 

18 is recommended by the Secretary; and 

19 (3) any interim actions relating to existing 

20 water resources development projects undertaken by 

21 the Secretary during the study period. 

22 (e) DEFINITIONS.—In this section: 

23 (1) YOLO BYPASS SYSTEM.—The term ‘‘Yolo 

24 Bypass System’’ means the system of weirs, levees, 

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1 opment projects in California’s Sacramento River 

2 Valley, extending from the Fremont Weir near 

3 Woodland, California, to the Sacramento River near 

4 Rio Vista, California, authorized pursuant to section 

5 2 of the Act of March 1, 1917 (chapter 144; 39 

6 Stat. 949). 

7 (2) YOLO BYPASS AND CACHE CLOUGH PART8 NERSHIP.—The term ‘‘Yolo Bypass and Cache 

9 Slough Partnership’’ means the group of parties to 

10 the Yolo Bypass and Cache Slough Memorandum of 

11 Understanding, effective May 2016, regarding col12 laboration and cooperation in the Yolo Bypass and 

13 Cache Slough region. 

14 SEC. 206. GREAT LAKES COASTAL RESILIENCY STUDY. 

15 (a) IN GENERAL.—In carrying out the comprehensive 

16 assessment of water resources needs for the Great Lakes 

17 System under section 729 of the Water Resources Devel18 opment Act of 1986 (33 U.S.C. 2267a), as required by 

19 section 1219 of the Water Resources Development Act of 

20 2018 (132 Stat. 3811), the Secretary shall— 

21 (1) taking into account recent high lake levels 

22 within the Great Lakes, assess and make rec23 ommendations to Congress on— 

24 (A) coastal storm and flood risk manage25 ment measures, including measures that use 


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1 natural features and nature-based features, as 

2 those terms are defined in section 1184 of the 

3 Water Resources Development Act of 2016 (33 

4 U.S.C. 2289a); 

5 (B) operation and maintenance of the 

6 Great Lakes Navigation System, as such term 

7 is defined in section 210 of the Water Re8 sources Development Act of 1986 (33 U.S.C. 

9 2238); 

10 (C) ecosystem protection and restoration; 

11 (D) the prevention and control of invasive 

12 species and the effects of invasive species; and 

13 (E) recreation associated with water re14 sources development projects; 

15 (2) prioritize actions necessary to protect crit16 ical public infrastructure, communities, and critical 

17 natural or cultural resources; and 

18 (3) to the maximum extent practicable and 

19 where appropriate, utilize existing data provided to 

20 the Secretary by Federal and State agencies, Indian 

21 Tribes, and other stakeholders, including data ob22 tained through other Federal programs. 

23 (b) RECOMMENDATIONS; ADDITIONAL STUDY.— 

24 (1) IN GENERAL.—In carrying out the com25 prehensive assessment described in subsection (a), 


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1 the Secretary may make a recommendation to Con2 gress for— 

3 (A) the construction of a water resources 

4 development project; 

5 (B) the structural or operational modifica6 tion of an existing water resources development 

7 project; 

8 (C) such additional monitoring of, or 

9 adaptive management measures to carry out 

10 with respect to, existing water resources devel11 opment projects, to respond to changing hydro12 logic and climatic conditions; or 

13 (D) geographic areas within the Great 

14 Lakes System for additional study by the Sec15 retary. 

16 (2) ADDITIONAL CONSIDERATIONS.—Any feasi17 bility study carried out pursuant to a recommenda18 tion under paragraph (1)(D) shall be considered to 

19 be a continuation of the comprehensive assessment 

20 described in subsection (a). 

21 (c) EXEMPTION FROM MAXIMUM STUDY COST AND

22 DURATION LIMITATIONS.—Section 1001 of the Water Re23 sources Reform and Development Act of 2014 (33 U.S.C. 

24 2282c) shall not apply to any study recommended under 

25 subsection (b)(1)(D). 


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1 SEC. 207. RATHBUN LAKE, CHARITON RIVER, IOWA. 

2 Not later than 1 year after the date of enactment 

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

4 on Transportation and Infrastructure of the House of 

5 Representatives and the Committee on Environment and 

6 Public Works of the Senate a report that evaluates— 

7 (1) the existing allocations of storage space for 

8 Rathbun Lake, authorized pursuant to the Flood 

9 Control Act of 1954 (68 Stat. 1262; 121 Stat. 

10 1124), including the existing allocation for municipal 

11 water supply; 

12 (2) the feasibility of expanding the existing allo13 cation of storage for municipal water supply; and 

14 (3) the affordability of future municipal water 

15 supply allocations from Rathbun Lake, for residen16 tial users of such future allocations, at projected fu17 ture costs. 

18 SEC. 208. REPORT ON THE STATUS OF RESTORATION IN 

19 THE LOUISIANA COASTAL AREA. 

20 Not later than 1 year after the date of enactment 

21 of this Act, the Coastal Louisiana Ecosystem Protection 

22 and Restoration Task Force established by section 7004 

23 of Water Resources Development Act of 2007 (121 Stat. 

24 1272) shall submit to Congress a report that summarizes 

25 the activities and recommendations of the task force, in26 cluding— 


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1 (1) policies, strategies, plans, programs, 

2 projects, and activities undertaken for addressing 

3 conservation, protection, restoration, and mainte4 nance of the coastal Louisiana ecosystem; and 

5 (2) financial participation by each agency rep6 resented on the Task Force in conserving, pro7 tecting, restoring, and maintaining the coastal Lou8 isiana ecosystem. 

9 SEC. 209. LOWER MISSISSIPPI RIVER COMPREHENSIVE 

10 STUDY. 

11 (a) COMPREHENSIVE STUDY.—The Secretary shall 

12 conduct a comprehensive study of the Lower Mississippi 

13 River basin, from Cape Girardeau, Missouri, to the Gulf 

14 of Mexico, to identify actions to be undertaken by the Sec15 retary for the comprehensive management of the basin for 

16 the purposes of flood risk management, navigation, eco17 system restoration, water supply, hydropower, and recre18 ation. 

19 (b) CONSULTATION AND USE OF EXISTING DATA.— 

20 In conducting the comprehensive study under subsection 

21 (a), the Secretary shall consult with applicable Federal, 

22 State, and local agencies, Indian Tribes, non-Federal in23 terests, and other stakeholders, and, to the maximum ex24 tent practicable and where appropriate, make use of exist25 ing data provided to the Secretary by such parties. 


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1 (c) RECOMMENDATIONS.— 

2 (1) IN GENERAL.—In conducting the com3 prehensive study under subsection (a), the Secretary 

4 may develop a recommendation to Congress for— 

5 (A) the construction of a water resources 

6 development project; 

7 (B) the structural or operational modifica8 tion of an existing water resources development 

9 project; 

10 (C) such additional monitoring of, or 

11 adaptive management measures to carry out 

12 with respect to, existing water resources devel13 opment projects, to respond to changing condi14 tions; or 

15 (D) geographic areas within the Lower 

16 Mississippi River basin for additional study by 

17 the Secretary. 

18 (2) ADDITIONAL CONSIDERATIONS.—Any feasi19 bility study carried out pursuant to a recommenda20 tion under paragraph (1)(D) shall be considered to 

21 be a continuation of the comprehensive study re22 quired under subsection (a). 

23 (d) COMPLETION OF STUDY; REPORT TO CON24 GRESS.—Not later than 3 years after the date of enact25 ment of this section, the Secretary shall submit to the 


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1 Committee on Transportation and Infrastructure of the 

2 House of Representatives and the Committee on Environ3 ment and Public Works of the Senate a report detailing— 

4 (1) the results of the comprehensive study re5 quired by this section, including any recommenda6 tions developed under subsection (c); and 

7 (2) any interim actions relating to existing 

8 water resources development projects undertaken by 

9 the Secretary during the study period. 

10 SEC. 210. UPPER MISSISSIPPI RIVER COMPREHENSIVE 

11 PLAN. 

12 (a) ASSESSMENT.—The Secretary shall conduct an 

13 assessment of the water resources needs of the Upper Mis14 sissippi River under section 729 of the Water Resources 

15 Development Act of 1986 (33 U.S.C. 2267a). 

16 (b) REQUIREMENTS.—The Secretary shall carry out 

17 the assessment under subsection (a) in accordance with 

18 the requirements in section 1206(b) of Water Resources 

19 Development Act of 2016 (130 Stat. 1686). 

20 SEC. 211. LOWER MISSOURI BASIN FLOOD RISK AND RESIL21 IENCY STUDY, IOWA, KANSAS, NEBRASKA, 

22 AND MISSOURI. 

23 (a) ADDITIONAL STUDIES.— 

24 (1) IN GENERAL.—Except as provided in para25 graph (2), upon the request of the non-Federal inVerDate Sep 11 2014 00:45 Jul 14, 2020 Jkt 099200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\H7575.IH H7575

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1 terest for the Lower Missouri Basin study, the Sec2 retary shall expand the scope of such study to inves3 tigate and provide recommendations relating to— 

4 (A) modifications to projects in Iowa, Kan5 sas, Nebraska, and Missouri authorized under 

6 the Pick-Sloan Missouri River Basin Program 

7 (authorized by section 9(b) of the Flood Control 

8 Act of December 22, 1944 (chapter 665, 58 

9 Stat. 891)) and the Missouri River Bank Sta10 bilization and Navigation project (authorized by 

11 section 2 of the Act of March 2, 1945 (chapter 

12 19, 59 Stat. 19)), including modifications to the 

13 authorized purposes of such projects to further 

14 flood risk management and resiliency; and 

15 (B) modifications to non-Federal, publicly 

16 owned levees in the Lower Missouri River 

17 Basin. 

18 (2) EXCEPTION.—If the Secretary determines 

19 that expanding the scope of the Lower Missouri 

20 Basin study as provided in paragraph (1) is not 

21 practicable, and the non-Federal interest for such 

22 study concurs in such determination, the Secretary 

23 shall carry out such additional studies as are nec24 essary to investigate the modifications described in 

25 paragraph (1). 


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1 (3) CONTINUATION OF LOWER MISSOURI BASIN

2 STUDY.—The following studies shall be considered a 

3 continuation of the Lower Missouri Basin study: 

4 (A) Any additional study carried out under 

5 paragraph (2). 

6 (B) Any study recommended to be carried 

7 out in a report that the Chief of Engineers pre8 pares for the Lower Missouri Basin study. 

9 (C) Any study recommended to be carried 

10 out in a report that the Chief of Engineers pre11 pares for an additional study carried out under 

12 paragraph (2). 

13 (D) Any study spun off from the Lower 

14 Missouri Basin study before the completion of 

15 such study. 

16 (E) Any study spun off from an additional 

17 study carried out under paragraph (2) before 

18 the completion of such additional study. 

19 (4) RELIANCE ON EXISTING INFORMATION.—In 

20 carrying out any study described in or authorized by 

21 this section, the Secretary, to the extent practicable, 

22 shall rely on existing data and analysis, including 

23 data and analysis prepared under section 22 of the 

24 Water Resources Development Act of 1974 (42 

25 U.S.C. 1962d–16). 


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1 (5) CONSIDERATION; CONSULTATION.—In de2 veloping recommendations under paragraph (1), the 

3 Secretary shall— 

4 (A) consider the use of— 

5 (i) structural and nonstructural meas6 ures, including the setting back of levees 

7 and removing structures from areas of re8 curring flood vulnerability, where advan9 tageous, to reduce flood risk and damages 

10 in the Lower Missouri River Basin; and 

11 (ii) where such features are locally ac12 ceptable, natural features or nature-based 

13 features (as such terms are defined in sec14 tion 1184 of the Water Resources Develop15 ment Act of 2016 (33 U.S.C. 2289a); and 

16 (B) consult with applicable Federal and 

17 State agencies, Indian Tribes, and other stake18 holders within the Lower Missouri River Basin 

19 and solicit public comment on such rec20 ommendations. 

21 (6) EXEMPTION FROM MAXIMUM STUDY COST

22 AND DURATION LIMITATIONS.—Section 1001 of the 

23 Water Resources Reform and Development Act of 

24 2014 (33 U.S.C. 2282c) shall not apply to the 


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1 Lower Missouri Basin study or any study described 

2 in paragraph (3). 

3 (7) PRECONSTRUCTION, ENGINEERING, AND

4 DESIGN.—Upon completion of a study authorized by 

5 this section, if the Secretary determines that a rec6 ommended project, or modification to a project de7 scribed in paragraph (1), is justified, the Secretary 

8 may proceed directly to preconstruction planning, 

9 engineering, and design of the project or modifica10 tion. 

11 (8) TECHNICAL ASSISTANCE.— 

12 (A) IN GENERAL.—For the provision of 

13 technical assistance to support small commu14 nities and economically disadvantaged commu15 nities in the planning and design of flood risk 

16 management and flood risk resiliency projects 

17 in the Lower Missouri River Basin, for each of 

18 fiscal years 2021 through 2026, there are au19 thorized to be appropriated— 

20 (i) $2,000,000 to carry out section 

21 206 of the Flood Control Act of 1960 (33 

22 U.S.C. 709a), in addition to amounts oth23 erwise authorized to carry out such sec24 tion; and 


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1 (ii) $2,000,000 to carry out section 

2 22(a)(2) of the Water Resources Develop3 ment Act of 1974 (42 U.S.C. 1962d–16), 

4 in addition to amounts otherwise author5 ized to carry out such section. 

6 (B) CONDITIONS.— 

7 (i) LIMITATIONS NOT APPLICABLE.— 

8 The limitations on the use of funds in sec9 tion 206(d) of the Flood Control Act of 

10 1960 and section 22(c)(2) of the Water 

11 Resources Development Act of 1974 shall 

12 not apply to the amounts authorized to be 

13 appropriated by subparagraph (A). 

14 (ii) RULE OF CONSTRUCTION.—Noth15 ing in this paragraph restricts the author16 ity of the Secretary to use any funds other17 wise appropriated to carry out section 206 

18 of the Flood Control Act of 1960 or sec19 tion 22(a)(2) of the Water Resources De20 velopment Act of 1974 to provide technical 

21 assistance described in subparagraph (A). 

22 (9) COMPLETION OF STUDY; REPORT TO CON23 GRESS.—Not later than 3 years after the date of en24 actment of this Act, the Secretary shall submit to 

25 the Committee on Transportation and Infrastructure 


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1 of the House of Representatives and the Committee 

2 on Environment and Public Works of the Senate a 

3 report detailing— 

4 (A) the results of the study authorized by 

5 this section; 

6 (B) any additional, site-specific areas with7 in the Lower Missouri River Basin for which 

8 additional study for flood risk management 

9 projects is recommended by the Secretary; and 

10 (C) any interim actions relating to existing 

11 water resources development projects under12 taken by the Secretary during the study period. 

13 (b) DEFINITIONS.—In this section: 

14 (1) LOWER MISSOURI BASIN STUDY.—The term 

15 ‘‘Lower Missouri Basin study’’ means the Lower 

16 Missouri Basin Flood Risk and Resiliency Study, 

17 Iowa, Kansas, Nebraska, and Missouri, authorized 

18 pursuant to section 216 of the Flood Control Act of 

19 1970 (33 U.S.C. 549a). 

20 (2) SMALL COMMUNITY.—The term ‘‘small 

21 community’’ means a local government that serves a 

22 population of less than 15,000. 


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1 SEC. 212. COUGAR AND DETROIT DAMS, WILLAMETTE 

2 RIVER BASIN, OREGON. 

3 (a) REPORT.—Not later than 2 years after the date 

4 of enactment of this Act, the Secretary shall submit to 

5 the Committee on Transportation and Infrastructure of 

6 the House of Representatives and the Committee on Envi7 ronment and Public Works of the Senate, and make pub8 licly available, a report providing an initial analysis of 

9 deauthorizing hydropower as a project purpose at the Cou10 gar and Detroit Dams project. 

11 (b) CONTENTS.—The Secretary shall include in the 

12 report submitted under subsection (a)— 

13 (1) a description of the potential effects of 

14 deauthorizing hydropower as a project purpose at 

15 the Cougar and Detroit Dams project on— 

16 (A) the operation of the project, including 

17 with respect to the other authorized purposes of 

18 the project; 

19 (B) compliance of the project with the En20 dangered Species Act; 

21 (C) costs that would be attributed to other 

22 authorized purposes of the project, including 

23 costs relating to compliance with such Act; and 

24 (D) other ongoing studies in the Willam25 ette River Basin; and 


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1 (2) identification of any further research need2 ed. 

3 (c) PROJECT DEFINED.—In this section, the terms 

4 ‘‘Cougar and Detroit Dams project’’ and ‘‘project’’ mean 

5 the Cougar Dam and Reservoir project and Detroit Dam 

6 and Reservoir project, Willamette River Basin, Oregon, 

7 authorized by section 204 of the Flood Control Act of 

8 1950 (64 Stat. 179). 

9 SEC. 213. PORT ORFORD, OREGON. 

10 Not later than 180 days after the date of enactment 

11 of this Act, the Secretary shall, at Federal expense, submit 

12 to the Committee on Transportation and Infrastructure 

13 of the House of Representatives and the Committee on 

14 Environment and Public Works of the Senate a summary 

15 report on the research completed and data gathered by 

16 the date of enactment of this Act with regards to the con17 figuration of a breakwater for the project for navigation, 

18 Port Orford, Oregon, authorized by section 117 of the 

19 River and Harbor Act of 1970 (84 Stat. 1822; 106 Stat. 

20 4809), for the purposes of addressing shoaling issues to 

21 minimize long-term maintenance costs. 

22 SEC. 214. WILSON CREEK AND SLOAN CREEK, FAIRVIEW, 

23 TEXAS. 

24 Not later than 180 days after the date of enactment 

25 of this section, the Secretary shall submit to Congress a 


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1 written status update regarding efforts to address flooding 

2 along Wilson Creek and Sloan Creek in the City of Fair3 view, Texas. 

4 SEC. 215. GAO STUDY ON MITIGATION FOR WATER RE5 SOURCES DEVELOPMENT PROJECTS. 

6 Not later than 18 months after the date of enactment 

7 of this Act, the Comptroller General of the United States 

8 shall— 

9 (1) conduct a study on the mitigation of the im10 pact of water resources development projects, includ11 ing the impact on fish and wildlife, consistent with 

12 the requirements of section 906 of the Water Re13 sources Development Act of 1986 (33 U.S.C. 2283), 

14 section 307(a) of the Water Resources Development 

15 Act of 1990 (33 U.S.C. 2317(a)), and section 

16 2036(b) of the Water Resources Development Act of 

17 2007 (33 U.S.C. 2283a), including— 

18 (A) an evaluation of guidance or instruc19 tions issued, and other measures taken, by the 

20 Secretary to ensure successful mitigation of 

21 such impacts; 

22 (B) a review of the methods of mitigation, 

23 including the use of in-lieu fees, mitigation 

24 banking, and permittee-responsible mitigation, 

25 and their long-term effectiveness of restoring or 


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1 mitigating ecosystem services impacted by such 

2 projects; 

3 (C) a review of how the use of the different 

4 mitigation methods for such projects varies 

5 across Corps of Engineers districts; 

6 (D) an assessment of the backlog of miti7 gation projects, including the number of mitiga8 tion projects pending completion to address 

9 such impacts resulting from constructed water 

10 resources development projects; 

11 (E) an evaluation of how the Secretary 

12 tracks compliance with the mitigation require13 ments across Corps of Engineers districts; 

14 (F) a review of how the mitigation require15 ments for water resources development projects 

16 contributes to the resilience of water resources 

17 in the United States; 

18 (G) an assessment of whether mitigation is 

19 being done prior to or contemporaneously with 

20 the construction of projects, as required by sec21 tion 906 of the Water Resources Development 

22 Act of 1986 (33 U.S.C. 2283); 

23 (H) an evaluation of compliance with sec24 tion 906(d) of the Water Resources Develop25 ment Act of 1986 (33 U.S.C. 2283(d)) for the 


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1 development of specific mitigation plans for 

2 projects, whether such plans were successful in 

3 mitigating the designated impacts of the 

4 projects, and, in instances where such plans 

5 were not successful, what actions the Secretary 

6 is taking to modify the plans such that they will 

7 be successful; and 

8 (I) an assessment of how the Secretary 

9 might take advantage of natural infrastructure 

10 in mitigation planning to reduce flood risks and 

11 flood recovery costs for some communities; and 

12 (2) submit to Congress a report that— 

13 (A) describes the results of the study con14 ducted under paragraph (1); 

15 (B) includes recommendations to ensure 

16 compliance with and successful implementation 

17 of mitigation requirements for water resources 

18 development projects; and 

19 (C) includes recommendations to ensure 

20 existing programs and authorities include the 

21 use, to the maximum extent practicable, of nat22 ural infrastructure. 


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1 SEC. 216. GAO STUDY ON APPLICATION OF HARBOR MAIN2 TENANCE TRUST FUND EXPENDITURES. 

3 (a) STUDY.—Not later than 18 months after the date 

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

5 United States shall conduct a study of the operation and 

6 maintenance needs of federally authorized harbor and in7 land harbor projects, including— 

8 (1) an inventory of all federally authorized har9 bor and inland harbor projects; 

10 (2) an assessment of current uses of such 

11 projects (and, to the extent practicable, the national, 

12 regional, and local benefits of such uses), including 

13 the uses listed in section 210(d)(2)(B) of the Water 

14 Resources Development Act of 1986; 

15 (3) an assessment of the annual operation and 

16 maintenance needs associated with harbors and in17 land harbors referred to in subsection (a)(2) of sec18 tion 210 of the Water Resources Development Act 

19 of 1986 (33 U.S.C. 2238), including a breakdown of 

20 such needs for each of the following types of 

21 projects— 

22 (A) emerging harbor projects (as defined 

23 in such section); 

24 (B) moderate-use harbor projects (as de25 fined in such section on the day before the date 

26 of enactment of this Act); 


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1 (C) high-use harbor projects (as defined in 

2 such section on the day before the date of en3 actment of this Act); and 

4 (D) projects assigned to harbors and in5 land harbors within the Great Lakes Navigation 

6 System (as defined in such section); 

7 (4) an assessment of any deferred operation 

8 and maintenance needs for such projects; 

9 (5) an assessment of projected needs associated 

10 with donor ports, medium-sized donor ports, and en11 ergy transfer ports (as such terms are defined in 

12 section 2106 of the Water Resources Reform and 

13 Development Act of 2014 (33 U.S.C. 2201)); and 

14 (6) an itemization of expenditures provided to 

15 donor ports, medium-sized donor ports, and energy 

16 transfer ports under section 2106 of the Water Re17 sources Reform and Development Act of 2014 (33 

18 U.S.C. 2201). 

19 (b) REPORT TO CONGRESS.—Upon completion of the 

20 report under subsection (a), the Comptroller General shall 

21 submit such report to the Committee on Transportation 

22 and Infrastructure of the House of Representatives and 

23 the Committee on Environment and Public Works of the 

24 Senate. 


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1 SEC. 217. STUDY ON WATER SUPPLY AND WATER CON2 SERVATION AT WATER RESOURCES DEVEL3 OPMENT PROJECTS. 

4 (a) IN GENERAL.—Not later than 18 months after 

5 the date of enactment of this Act, the Secretary shall sub6 mit to the Committee on Transportation and Infrastruc7 ture of the House of the Representatives and the Com8 mittee on Environment and Public Works of the Senate 

9 a report that analyses the benefits and consequences of 

10 including municipal water supply and water conservation 

11 as a primary mission of the Corps of Engineers in carrying 

12 out water resources development projects. 

13 (b) INCLUSION.—The Secretary shall include in the 

14 report 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 non25 Federal interest has expressed an interest in 


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1 adding municipal water supply or water con2 servation as 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 

7 which include authorization for the Secretary to 

8 study the feasibility of carrying out the project with 

9 a purpose of municipal water supply or water con10 servation; 

11 (4) an analysis of how adding municipal water 

12 supply and water conservation as a primary mission 

13 of the Corps of Engineers would affect the ability of 

14 the Secretary to carry out future water resources de15 velopment projects; and 

16 (5) any recommendations of the Secretary relat17 ing to including municipal water supply and water 

18 conservation as a primary mission of the Corps of 

19 Engineers. 

20 SEC. 218. PFAS REVIEW AND INVENTORY AT CORPS FACILI21 TIES. 

22 (a) INVENTORY OF PFAS AT CORPS FACILITIES.— 

23 (1) IN GENERAL.—Not later than 18 months 

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1 ventory of Corps of Engineers civil works facilities 

2 that are or may be contaminated, or could become 

3 contaminated, by PFAS. 

4 (2) CONTENTS OF INVENTORY.—In carrying 

5 out this subsection, the Secretary shall review and 

6 identify— 

7 (A) all facilities owned or operated by the 

8 Corps of Engineers, for which there is a civil 

9 works function, that are or may be contami10 nated, or could become contaminated, by 

11 PFAS; 

12 (B) the nature and extent of any such con13 tamination or potential for contamination, in14 cluding any potential pathways for human expo15 sure to PFAS; 

16 (C) response measures taken to monitor, 

17 control, remove, or remediate PFAS, or other18 wise reduce the risk of human exposure to 

19 PFAS; 

20 (D) for facilities identified under subpara21 graph (A), the extent to which such facilities 

22 (or any such contamination or potential for con23 tamination at such facilities) are related to the 

24 civil works functions of the Corps of Engineers; 


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1 (E) the extent to which the Secretary, or 

2 other entities, may have responsibility for such 

3 contamination or potential for contamination; 

4 and 

5 (F) for facilities identified under subpara6 graph (A), the costs to remediate and reduce 

7 the risk of human exposure to PFAS. 

8 (3) COORDINATION WITH OTHER FEDERAL

9 AGENCIES.—To the maximum extent practicable, the 

10 actions taken under this subsection shall supplement 

11 and support work undertaken by other Federal 

12 agencies, including actions taken pursuant to the 

13 plan published by the Administrator of the Environ14 mental Protection Agency, titled ‘‘EPA’s Per- and 

15 Polyfluoroalkyl Substances (PFAS) Action Plan’’ 

16 and dated February 2019. 

17 (4) REPORT TO CONGRESS.—Upon completion 

18 of the inventory under paragraph (1), and annually 

19 thereafter concurrent with the President’s annual 

20 budget request to Congress, the Secretary shall sub21 mit the inventory to the Committee on Transpor22 tation and Infrastructure of the House of Represent23 atives and the Committee on Environment and Pub24 lic Works of the Senate. 

25 (b) PFAS TECHNOLOGY RESEARCH.— 


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1 (1) RESEARCH SUPPORT.—The Secretary, act2 ing through the Hazardous Waste Research Center 

3 located at the Engineer Research and Development 

4 Center, shall, to the maximum extent practicable, 

5 support the efforts of other Federal agencies in the 

6 development of innovative technologies and meth7 odologies for the detection, treatment, and cleanup 

8 of PFAS associated with Federal facilities, including 

9 groundwater associated with such facilities. 

10 (2) DUPLICATION OF EFFORTS.—Nothing in 

11 this subsection is intended to duplicate the activities 

12 undertaken by other Federal agencies as identified 

13 in subsection (a)(3). 

14 (c) DEFINITION.—In this section, the term ‘‘PFAS’’ 

15 means a perfluoroalkyl substance or polyfluoroalkyl sub16 stance with at least one fully fluorinated carbon atom. 

17 TITLE III—DEAUTHORIZATIONS 

18 AND MODIFICATIONS 

19 SEC. 301. DEAUTHORIZATION OF INACTIVE PROJECTS. 

20 (a) PURPOSES.—The purposes of this section are— 

21 (1) to identify water resources development 

22 projects authorized by Congress that are no longer 

23 viable for construction due to— 

24 (A) a lack of local support; 


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1 (B) a lack of available Federal or non-Fed2 eral resources; or 

3 (C) an authorizing purpose that is no 

4 longer relevant or feasible; 

5 (2) to create an expedited and definitive process 

6 for Congress to deauthorize water resources develop7 ment projects that are no longer viable for construc8 tion; and 

9 (3) to allow the continued authorization of 

10 water resources development projects that are viable 

11 for construction. 

12 (b) PROPOSED DEAUTHORIZATION LIST.— 

13 (1) PRELIMINARY LIST OF PROJECTS.— 

14 (A) IN GENERAL.—The Secretary shall de15 velop a preliminary list of each water resources 

16 development project, or separable element of a 

17 project, authorized for construction before No18 vember 8, 2007, for which— 

19 (i) planning, design, or construction 

20 was not initiated before the date of enact21 ment of this Act; or 

22 (ii) planning, design, or construction 

23 was initiated before the date of enactment 

24 of this Act, but for which no funds, Fed25 eral or non-Federal, were obligated for 


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1 planning, design, or construction of the 

2 project or separable element of the project 

3 during the current fiscal year or any of the 

4 10 preceding fiscal years. 

5 (B) USE OF COMPREHENSIVE CONSTRUC6 TION BACKLOG AND OPERATION AND MAINTE7 NANCE REPORT.—The Secretary may develop 

8 the preliminary list from the comprehensive 

9 construction backlog and operation and mainte10 nance reports developed pursuant to section 

11 1001(b)(2) of the Water Resources Develop12 ment Act of 1986 (33 U.S.C. 579a). 

13 (2) PREPARATION OF PROPOSED DEAUTHORIZA14 TION LIST.— 

15 (A) DEAUTHORIZATION AMOUNT.—The 

16 Secretary shall prepare a proposed list of 

17 projects for deauthorization comprised of a sub18 set of projects and separable elements identified 

19 on the preliminary list developed under para20 graph (1) that have, in the aggregate, an esti21 mated Federal cost to complete that is at least 

22 $10,000,000,000. 

23 (B) DETERMINATION OF FEDERAL COST

24 TO COMPLETE.—For purposes of subparagraph 

25 (A), the Federal cost to complete shall take into 


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1 account any allowances authorized by section 

2 902 of the Water Resources Development Act 

3 of 1986 (33 U.S.C. 2280), as applied to the 

4 most recent project schedule and cost estimate. 

5 (C) INCLUSION OF DEAUTHORIZATION OF

6 ANTIQUATED PROJECTS.—The Secretary shall 

7 reduce the amount identified for deauthoriza8 tion under paragraph (2)(A) by an amount 

9 equivalent to the estimated current value of 

10 each project, or separable element of a project, 

11 that is deauthorized by subsection (f). 

12 (3) SEQUENCING OF PROJECTS.— 

13 (A) IN GENERAL.—The Secretary shall 

14 identify projects and separable elements for in15 clusion on the proposed list of projects for de16 authorization under paragraph (2) according to 

17 the order in which the projects and separable 

18 elements were authorized, beginning with the 

19 earliest authorized projects and separable ele20 ments and ending with the latest project or sep21 arable element necessary to meet the aggregate 

22 amount under paragraph (2)(A). 

23 (B) FACTORS TO CONSIDER.—The Sec24 retary may identify projects and separable ele25 ments in an order other than that established 


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1 by subparagraph (A) if the Secretary deter2 mines, on a case-by-case basis, that a project or 

3 separable element is critical for interests of the 

4 United States, based on the possible impact of 

5 the project or separable element on public 

6 health and safety, the national economy, or the 

7 environment. 

8 (4) PUBLIC COMMENT AND CONSULTATION.— 

9 (A) IN GENERAL.—The Secretary shall so10 licit comments from the public and the Gov11 ernors of each applicable State on the proposed 

12 deauthorization list prepared under paragraph 

13 (2)(A). 

14 (B) COMMENT PERIOD.—The public com15 ment period shall be 90 days. 

16 (5) PREPARATION OF FINAL DEAUTHORIZATION

17 LIST.— 

18 (A) IN GENERAL.—The Secretary shall 

19 prepare a final deauthorization list by— 

20 (i) considering any comments received 

21 under paragraph (4); and 

22 (ii) revising the proposed deauthoriza23 tion list prepared under paragraph (2)(A) 

24 as the Secretary determines necessary to 

25 respond to such comments. 


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1 (B) APPENDIX.—The Secretary shall in2 clude as part of the final deauthorization list an 

3 appendix that— 

4 (i) identifies each project or separable 

5 element on the proposed deauthorization 

6 list that is not included on the final de7 authorization list; and 

8 (ii) describes the reasons why the 

9 project or separable element is not in10 cluded on the final deauthorization list. 

11 (c) SUBMISSION OF FINAL DEAUTHORIZATION LIST

12 TO CONGRESS FOR CONGRESSIONAL REVIEW; PUBLICA13 TION.— 

14 (1) IN GENERAL.—Not later than 90 days after 

15 the date of the close of the comment period under 

16 subsection (b)(4), the Secretary shall— 

17 (A) submit the final deauthorization list 

18 and appendix prepared under subsection (b)(5) 

19 to the Committee on Transportation and Infra20 structure of the House of Representatives and 

21 the Committee on Environment and Public 

22 Works of the Senate; and 

23 (B) publish the final deauthorization list 

24 and appendix in the Federal Register. 


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1 (2) EXCLUSIONS.—The Secretary shall not in2 clude in the final deauthorization list submitted 

3 under paragraph (1) any project or separable ele4 ment with respect to which Federal funds for plan5 ning, design, or construction are obligated after the 

6 development of the preliminary list under subsection 

7 (b)(1)(A) but prior to the submission of the final de8 authorization list under paragraph (1)(A) of this 

9 subsection. 

10 (d) DEAUTHORIZATION; CONGRESSIONAL REVIEW.— 

11 (1) IN GENERAL.—After the expiration of the 

12 2-year period beginning on the date of publication of 

13 the final deauthorization list and appendix under 

14 subsection (c)(1)(B), a project or separable element 

15 of a project identified in the final deauthorization 

16 list is hereby deauthorized, unless Congress passes a 

17 joint resolution disapproving the final deauthoriza18 tion list prior to the end of such period. 

19 (2) NON-FEDERAL CONTRIBUTIONS.— 

20 (A) IN GENERAL.—A project or separable 

21 element of a project identified in the final de22 authorization list under subsection (c) shall not 

23 be deauthorized under this subsection if, before 

24 the expiration of the 2-year period referred to 

25 in paragraph (1), the non-Federal interest for 


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1 the project or separable element of the project 

2 provides sufficient funds to complete the project 

3 or separable element of the project. 

4 (B) TREATMENT OF PROJECTS.—Notwith5 standing subparagraph (A), each project and 

6 separable element of a project identified in the 

7 final deauthorization list shall be treated as de8 authorized for purposes of the aggregate de9 authorization amount specified in subsection 

10 (b)(2)(A). 

11 (3) PROJECTS IDENTIFIED IN APPENDIX.—A 

12 project or separable element of a project identified 

13 in the appendix to the final deauthorization list shall 

14 remain subject to future deauthorization by Con15 gress. 

16 (e) SPECIAL RULES.— 

17 (1) POST-AUTHORIZATION STUDIES.—A project 

18 or separable element of a project may not be identi19 fied on the proposed deauthorization list developed 

20 under subsection (b), or the final deauthorization list 

21 developed under subsection (c), if the project or sep22 arable element received funding for a post-authoriza23 tion study during the current fiscal year or any of 

24 the 10 preceding fiscal years. 


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1 (2) TREATMENT OF PROJECT MODIFICA2 TIONS.—For purposes of this section, if an author3 ized water resources development project or sepa4 rable element of the project has been modified by an 

5 Act of Congress, the date of the authorization of the 

6 project or separable element shall be deemed to be 

7 the date of the most recent such modification. 

8 (f) DEAUTHORIZATION OF ANTIQUATED

9 PROJECTS.— 

10 (1) IN GENERAL.—Any water resources devel11 opment project, or separable element of a project, 

12 authorized for construction prior to November 17, 

13 1986, for which construction has not been initiated 

14 prior to the date of enactment of this Act, or for 

15 which funds have not been obligated for construction 

16 in the 10-year period prior to the date of enactment 

17 of this Act, is hereby deauthorized. 

18 (2) IDENTIFICATION.—Not later than 60 days 

19 after the date of enactment of this Act, the Sec20 retary shall issue to the Committee on Transpor21 tation and Infrastructure of the House of Represent22 atives and the Committee on Environment and Pub23 lic Works of the Senate a report that identifies— 


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1 (A) the name of each project, or separable 

2 element of a project, deauthorized by paragraph 

3 (1); and 

4 (B) the estimated current value of each 

5 such project or separable element of a project. 

6 (g) ECONOMIC AND ENVIRONMENTAL REVIEW OF IN7 ACTIVE WATER RESOURCES DEVELOPMENT PROJECTS.— 

8 The Secretary or the non-Federal interest may not carry 

9 out any authorized water resources development project, 

10 or separable element of such project, for which construc11 tion has not been initiated in the 20-year period following 

12 the date of the authorization of such project or separable 

13 element, until— 

14 (1) the Secretary provides to the Committee on 

15 Transportation and Infrastructure of the House of 

16 Representatives and the Committee on Environment 

17 and Public Works of the Senate a post-authorization 

18 change report that updates the economic and envi19 ronmental analysis of the project or separable ele20 ment; and 

21 (2) the Committee on Transportation and In22 frastructure of the House of Representatives and the 

23 Committee on Environment and Public Works of the 

24 Senate take appropriate action to address any modi25 fications to the economic and environmental analysis 


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1 for the project or separable element of the project 

2 contained in the post-authorization change report. 

3 (h) DEFINITIONS.—In this section: 

4 (1) POST-AUTHORIZATION CHANGE REPORT.— 

5 The term ‘‘post-authorization change report’’ has 

6 the meaning given such term in section 1132(d) of 

7 the Water Resources Development Act of 2016 (33 

8 U.S.C. 2282e). 

9 (2) POST-AUTHORIZATION STUDY.—The term 

10 ‘‘post-authorization study’’ means— 

11 (A) a feasibility report developed under 

12 section 905 of the Water Resources Develop13 ment Act of 1986 (33 U.S.C. 2282); 

14 (B) a feasibility study, as defined in sec15 tion 105(d) of the Water Resources Develop16 ment Act of 1986 (33 U.S.C. 2215(d)); or 

17 (C) a review conducted under section 216 

18 of the Flood Control Act of 1970 (33 U.S.C. 

19 549a), including an initial appraisal that— 

20 (i) demonstrates a Federal interest; 

21 and 

22 (ii) requires additional analysis for the 

23 project or separable element. 

24 (3) WATER RESOURCES DEVELOPMENT

25 PROJECT.—The term ‘‘water resources development 


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1 project’’ includes an environmental infrastructure 

2 assistance project or program of the Corps of Engi3 neers. 

4 SEC. 302. ABANDONED AND INACTIVE NONCOAL MINE RES5 TORATION. 

6 Section 560(f) of the Water Resources Development 

7 Act of 1999 (33 U.S.C. 2336(f)) is amended by striking 

8 ‘‘$20,000,000’’ and inserting ‘‘$30,000,000’’. 

9 SEC. 303. TRIBAL PARTNERSHIP PROGRAM. 

10 Section 203(b)(4) of the Water Resources Develop11 ment Act of 2000 (33 U.S.C. 2269) is amended by strik12 ing ‘‘$12,500,000’’ each place it appears and inserting 

13 ‘‘$15,000,000’’. 

14 SEC. 304. LAKES PROGRAM. 

15 Section 602(a) of the Water Resources Development 

16 Act of 1986 (Public Law 99–662, 100 Stat. 4148; 110 

17 Stat. 3758; 113 Stat. 295; 121 Stat. 1076) is amended— 

18 (1) in paragraph (27), by striking ‘‘and’’ at the 

19 end; 

20 (2) in paragraph (28), by striking the period at 

21 the end and inserting a semicolon; and 

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

23 ‘‘(29) Ellis Pond and Guild Pond, Norwood, 

24 Massachusetts; and 


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1 ‘‘(30) Memorial Pond, Walpole, Massachu2 setts.’’. 

3 SEC. 305. WATERCRAFT INSPECTION STATIONS. 

4 Section 104(d)(1)(A) of the River and Harbor Act 

5 of 1958 (33 U.S.C. 610(d)(1)(A)) is amended— 

6 (1) in clause (ii), by striking ‘‘; and’’ and in7 serting a semicolon; 

8 (2) in clause (iii), by striking ‘‘Arizona River 

9 Basins.’’ and inserting ‘‘Arkansas River Basins; 

10 and’’; and 

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

12 ‘‘(iv) to protect the Russian River 

13 Basin, California.’’. 

14 SEC. 306. CHESAPEAKE BAY ENVIRONMENTAL RESTORA15 TION AND PROTECTION PROGRAM. 

16 (a) IN GENERAL.—Section 510 of the Water Re17 sources Development Act of 1996 (Public Law 104–303, 

18 110 Stat. 3759; 121 Stat. 1202; 128 Stat. 1317) is 

19 amended— 

20 (1) by redesignating subsection (h) as sub21 section (i) and inserting after subsection (g) the fol22 lowing: 

23 ‘‘(h) PROJECT CAP.—The total cost of a project car24 ried out under this section may not exceed $15,000,000.’’; 

25 and 


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1 (2) in subsection (i) (as so redesignated), by 

2 striking ‘‘$40,000,000’’ and inserting 

3 ‘‘$60,000,000’’. 

4 (b) OUTREACH AND TRAINING.—The Secretary shall 

5 conduct public outreach and workshops for non-Federal 

6 interests to provide information on the Chesapeake Bay 

7 environmental restoration and protection program estab8 lished under section 510 of the Water Resources Develop9 ment Act of 1996, including how to participate in the pro10 gram. 

11 SEC. 307. UPPER MISSISSIPPI RIVER SYSTEM ENVIRON12 MENTAL MANAGEMENT PROGRAM. 

13 Section 1103(e)(3) of the Water Resources Develop14 ment Act of 1986 (33 U.S.C. 652(e)(3)) is amended by 

15 striking ‘‘$22,750,000’’ and inserting ‘‘$40,000,000’’. 

16 SEC. 308. MCCLELLAN-KERR ARKANSAS RIVER NAVIGA17 TION SYSTEM. 

18 Any Federal funds, regardless of the account from 

19 which the funds were provided, used to carry out construc20 tion of the modification to the McClellan-Kerr Arkansas 

21 River Navigation System, authorized in section 136 of the 

22 Energy and Water Development Appropriations Act, 2004 

23 (117 Stat. 1842), shall be considered by the Secretary as 

24 initiating construction of the project such that future 

25 funds will not require a new investment decision. 


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1 SEC. 309. OUACHITA-BLACK RIVER NAVIGATION PROJECT, 

2 ARKANSAS. 

3 The project for navigation, Ouachita-Black River, Ar4 kansas, authorized by section 101 of the River and Harbor 

5 Act of 1960 (Public Law 86–645), is modified to include 

6 water supply as a project purpose, subject to completion 

7 by the Secretary of a feasibility study and any other review 

8 necessary for such modification. 

9 SEC. 310. SACRAMENTO RIVER, GLENN-COLUSA, CALI10 FORNIA. 

11 The portion of project for flood control, Sacramento 

12 River, California, authorized by section 2 of the Act of 

13 March 1, 1917 (chapter 144, 39 Stat. 949; 103 Stat. 649; 

14 110 Stat. 3709; 112 Stat. 1841; 113 Stat. 299), con15 sisting of a riverbed gradient restoration facility at the 

16 Glenn-Colusa Irrigation District Intake, is no longer au17 thorized beginning on the date of enactment of this Act. 

18 SEC. 311. LAKE ISABELLA, CALIFORNIA. 

19 (a) SENSE OF CONGRESS.—It is the sense of Con20 gress that the Secretary, when evaluating alternative loca21 tions for construction of a permanent Isabella Lake Vis22 itor Center by the Corps of Engineers to replace the facil23 ity impacted by the Isabella Dam safety modification 

24 project, should afford substantial weight to the site pref25 erence of the local community. 


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1 (b) AUTHORITY.—The Secretary may acquire such 

2 interests in real property as the Secretary determines nec3 essary or advisable to support construction of the Isabella 

4 Dam safety modification project. 

5 (c) TRANSFER.—The Secretary may transfer any real 

6 property interests acquired under subsection (b) to any 

7 other Federal agency or department without reimburse8 ment. 

9 (d) ISABELLA DAM SAFETY MODIFICATION PROJECT

10 DEFINED.—In this section, the term ‘‘Isabella Dam safety 

11 modification project’’ means the dam safety modification 

12 project at the Isabella Reservoir in the San Joaquin Val13 ley, California (authorized by Act of December 22, 1944 

14 (chapter 665, 58 Stat. 901)), including the component of 

15 the project relating to construction a visitor center facility. 

16 SEC. 312. LOWER SAN JOAQUIN RIVER FLOOD CONTROL 

17 PROJECT. 

18 The Secretary shall align the schedules of, and maxi19 mize complimentary efforts, minimize duplicative prac20 tices, and ensure coordination and information sharing 

21 with respect to— 

22 (1) the project for flood risk management, 

23 Lower San Joaquin River, authorized by section 

24 1401(2) of the Water Resources Development Act of 

25 2018 (132 Stat. 3836); and 


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1 (2) the second phase of the feasibility study for 

2 the Lower San Joaquin River project for flood risk 

3 management, authorized for expedited completion by 

4 section 1203(a)(7) of the Water Resources Develop5 ment Act 2018 (132 Stat. 3803). 

6 SEC. 313. SAN DIEGO RIVER AND MISSION BAY, SAN DIEGO 

7 COUNTY, CALIFORNIA. 

8 The portion of the project for flood control and navi9 gation, San Diego River and Mission Bay, San Diego 

10 County, California, authorized by the Act of July 24, 1946 

11 (chapter 595, 60 Stat. 636), identified in the National 

12 Levee Database established under section 9004 of the 

13 Water Resources Development Act of 2007 (33 U.S.C. 

14 3303) as the San Diego River 3 segment and consisting 

15 of a 785-foot-long segment of the right bank levee from 

16 Station 209+41.75 to its end at Station 217+26.75, as 

17 described in construction plans dated August 30, 1951, 

18 is no longer authorized beginning on the date of enactment 

19 of this Act. 

20 SEC. 314. SAN FRANCISCO, CALIFORNIA, WATERFRONT 

21 AREA. 

22 (a) IN GENERAL.—Section 114 of the River and Har23 bor Act of 1968 (33 U.S.C. 59h) is amended to read as 

24 follows: 


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1 ‘‘SEC. 114. SAN FRANCISCO, CALIFORNIA, WATERFRONT 

2 AREA. 

3 ‘‘(a) AREA TO BE DECLARED NONNAVIGABLE.—The 

4 following area is declared to be nonnavigable waters of the 

5 United States: All of that portion of the City and County 

6 of San Francisco, California, lying shoreward of a line be7 ginning at the intersection of the southerly right of way 

8 line of Earl Street prolongation with the Pierhead United 

9 States Government Pierhead line, the Pierhead line as de10 fined in the State of California Harbor and Navigation 

11 Code Section 1770, as amended in 1961; thence northerly 

12 along said Pierhead line to its intersection with a line par13 allel with and distant 10 feet easterly from, the existing 

14 easterly boundary line of Pier 30–32; thence northerly 

15 along said parallel line and its northerly prolongation, to 

16 a point of intersection with a line parallel with, and distant 

17 10 feet northerly from, the existing northerly boundary of 

18 Pier 30–32; thence westerly along last said parallel line 

19 to its intersection with said Pierhead line; thence northerly 

20 along said Pierhead line, to the intersection of the easterly 

21 right of way line of Van Ness Avenue, formerly Marlette 

22 Street, prolongation to the Pierhead line. 

23 ‘‘(b) REQUIREMENT THAT AREA BE IMPROVED.— 

24 The declaration of nonnavigability under subsection (a) 

25 applies only to those parts of the area described in sub26 section (a) that are or will be bulkheaded, filled, or otherVerDate Sep 11 2014 00:45 Jul 14, 2020 Jkt 099200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 E:\BILLS\H7575.IH H7575

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1 wise occupied or covered by permanent structures and 

2 does not affect the applicability of any Federal statute or 

3 regulation that relates to filling of navigable waters or to 

4 other regulated activities within the area described in sub5 section (a), including sections 9 and 10 of the Act of 

6 March 3, 1899 (33 U.S.C. 401, 403), section 404 of the 

7 Federal Water Pollution Control Act, and the National 

8 Environmental Policy Act of 1969. 

9 ‘‘(c) INCLUSION OF EMBARCADERO HISTORIC DIS10 TRICT.—Congress finds and declares that the area de11 scribed in subsection (a) contains the seawall, piers, and 

12 wharves that comprise the Embarcadero Historic District 

13 listed on the National Register of Historic Places on May 

14 12, 2006.’’. 

15 (b) CONFORMING AMENDMENT.—Section 5052 of the 

16 Water Resources Development Act of 2007 (33 U.S.C. 

17 59h–1) is repealed. 

18 SEC. 315. WESTERN PACIFIC INTERCEPTOR CANAL, SAC19 RAMENTO RIVER, CALIFORNIA. 

20 The portion of the project for flood protection on the 

21 Sacramento River, authorized by section 2 of the of March 

22 1, 1917 (chapter 144, 39 Stat. 949; 45 Stat. 539; 50 Stat. 

23 877; 55 Stat. 647; 80 Stat. 1422), consisting of the por24 tion of the levee from GPS coordinate N2147673.584 

25 E6690904.187 to N2147908.413 E6689057.060 associVerDate Sep 11 2014 00:45 Jul 14, 2020 Jkt 099200 PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 E:\BILLS\H7575.IH H7575

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1 ated with the Western Pacific Interceptor Canal, is no 

2 longer authorized beginning on the date of the enactment 

3 of this Act. 

4 SEC. 316. RIO GRANDE ENVIRONMENTAL MANAGEMENT 

5 PROGRAM, COLORADO, NEW MEXICO, AND 

6 TEXAS. 

7 Section 5056(f) of the Water Resources Development 

8 Act of 2007 (Public Law 110–114, 121 Stat. 1213; 128 

9 Stat. 1314) is amended by striking ‘‘2019’’ and inserting 

10 ‘‘2029’’. 

11 SEC. 317. NEW LONDON HARBOR WATERFRONT CHANNEL, 

12 CONNECTICUT. 

13 (a) IN GENERAL.—The portion of the project for 

14 navigation, New London Harbor, Connecticut, authorized 

15 by the first section of the Act of June 13, 1902 (chapter 

16 1079, 32 Stat. 333), described in subsection (b) is no 

17 longer authorized beginning on the date of enactment of 

18 this Act. 

19 (b) AREA DESCRIBED.—The area referred to in sub20 section (a) is generally the portion between and around 

21 the 2 piers at the State Pier in New London, specifically 

22 the area— 

23 (1) beginning at a point N691263.78, 

24 E1181259.26; 


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1 (2) running N 35°01’50.75’’ W about 955.59 

2 feet to a point N692046.26, E1180710.74; 

3 (3) running N 54°58’06.78’’ E about 100.00 

4 feet to a point N692103.66, E1180792.62; 

5 (4) running S 35°01’50.75’’ E about 989.8 feet 

6 to a point N691293.17, E1181360.78; and 

7 (5) running S 73°51’15.45’’ W about 105.69 

8 feet to the point described in paragraph (1). 

9 SEC. 318. WASHINGTON HARBOR, DISTRICT OF COLUMBIA. 

10 Beginning on the date of enactment of this Act, the 

11 project for navigation, Washington Harbor, District of Co12 lumbia, authorized by the Act of August 30, 1935 (chapter 

13 831, 49 Stat. 1031), is modified to reduce, in part, the 

14 authorized dimensions of the project, such that the re15 maining authorized dimensions are as follows: 

16 (1) A 200 foot wide, 15 foot deep channel with 

17 a center line beginning at a point East 1,317,064.30 

18 and North 440,373.32, thence to a point East 

19 1,316,474.30 and North 440,028.31, thence to a 

20 point East 1,315,584.30 and North 439,388.30, 

21 thence to a point East 1,315,259.31 and North 

22 438,908.30. 

23 (2) A transition area 200 foot wide to 300 foot 

24 wide, 15 foot deep, with a center line beginning at 


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1 a point East 1,315,259.31 and North 438,908.30 to 

2 a point East 1,315,044.31 and North 438,748.30. 

3 (3) A 300 foot wide, 15 foot deep channel with 

4 a centerline beginning a point East 1,315,044.31 

5 and North 438,748.30, thence to a point East 

6 1,314,105.31 and North 438,124.79, thence to a 

7 point East 1,311,973.30 and North 438,807.78, 

8 thence to a point East 1,311,369.73 and North 

9 438,577.42, thence to a point East 1,311,015.73 

10 and North 438,197.57, thence to a point East 

11 1,309,713.47 and North 435,678.91. 

12 (4) A transition area 300 foot wide to 400 foot 

13 wide, 15 foot deep to 24 foot deep, with a center line 

14 beginning at a point East 1,309,713.47 and North 

15 435,678.91 to a point East 1,307,709.33 and North 

16 434,488.25. 

17 (5) A 400 foot wide, 24 foot deep channel with 

18 a centerline beginning at a point East 1,307,709.33 

19 and North 434,488.25, thence to a point East 

20 1,307,459.33 and North 434,173.25, thence to a 

21 point East 1,306,476.82 and North 1,306,476.82, 

22 thence to a point East 1,306,209.79 and North 

23 431,460.21, thence to a point at the end of the 

24 channel near Hains Point East 1,305,997.63 and 

25 North 429,978.31. 


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1 SEC. 319. CENTRAL EVERGLADES, FLORIDA. 

2 The project for ecosystem restoration, Central Ever3 glades, authorized by section 1401(4) of the Water Re4 sources Development Act of 2016 (130 Stat. 1713), is 

5 modified to include the project for ecosystem restoration, 

6 Central and Southern Florida, Everglades Agricultural 

7 Area, authorized by section 1308 of the Water Resources 

8 Development Act of 2018 (132 Stat. 3819) and to author9 ize the Secretary to carry out the project as so combined. 

10 SEC. 320. MIAMI RIVER, FLORIDA. 

11 The portion of the project for navigation, Miami 

12 River, Florida, authorized by the Act of July 3, 1930 (46 

13 Stat. 925; 59 Stat. 16; 74 Stat. 481; 100 Stat. 4257), 

14 beginning at the existing railroad bascule bridge and ex15 tending approximately 1,000 linear feet upstream to an 

16 existing salinity barrier and flood control structure, is no 

17 longer authorized beginning on the date of enactment of 

18 this Act. 

19 SEC. 321. TAYLOR CREEK RESERVOIR AND LEVEE L–73 

20 (SECTION 1), UPPER ST. JOHNS RIVER BASIN, 

21 FLORIDA. 

22 The portions of the project for flood control and other 

23 purposes, Central and Southern Florida, authorized by 

24 section 203 of the Flood Control Act of 1948 (62 Stat. 

25 1176), consisting of the Taylor Creek Reservoir and Levee 

26 L–73, Section 1, within the Upper St. Johns River Basin, 


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1 Florida, are no longer authorized beginning on the date 

2 of enactment of this Act. 

3 SEC. 322. SAN JUAN-CHAMA PROJECT; ABIQUIU DAM, NEW 

4 MEXICO. 

5 (a) ABIQUIU RESERVOIR.—Section 5(b) of Public 

6 Law 97–140 (43 U.S.C. 620a note) is amended by strik7 ing ‘‘a total of two hundred thousand acre-feet of’’. 

8 (b) WATER STORAGE AT ABIQUIU DAM, NEW MEX9 ICO.—Section 1 of Public Law 100–522 (43 U.S.C. 620a 

10 note) is amended— 

11 (1) by striking ‘‘200,000 acre-feet of’’; 

12 (2) by inserting ‘‘and San Juan-Chama 

13 project’’ after ‘‘Rio Grande system’’; and 

14 (3) by striking ‘‘, in lieu of the water storage 

15 authorized by section 5 of Public Law 97–140, to 

16 the extent that contracting entities under section 5 

17 of Public Law 97–140 no longer require such stor18 age’’. 

19 (c) WATER STORAGE.—The Secretary shall— 

20 (1) store up to elevation 6230.00 NGVD29 at 

21 Abiquiu Dam, New Mexico, to the extent that the 

22 necessary real property interests have been acquired 

23 by any entity requesting such storage; and 

24 (2) amend the March 20, 1986, contract be25 tween the United States of America and the AlbuVerDate Sep 11 2014 00:45 Jul 14, 2020 Jkt 099200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 E:\BILLS\H7575.IH H7575

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1 querque Bernalillo County Water Utility Authority 

2 (assigned by the City of Albuquerque, New Mexico 

3 to the Albuquerque Bernalillo County Water Utility 

4 Authority) for water storage space in Abiquiu Res5 ervoir to allow for storage by the Albuquerque 

6 Bernalillo County Water Utility Authority of San 

7 Juan-Chama project water or native Rio Grande sys8 tem water up to elevation 6230.00 NGVD29. 

9 (d) STORAGE AGREEMENTS WITH USERS OTHER

10 THAN THE ALBUQUERQUE BERNALILLO COUNTY WATER

11 UTILITY AUTHORITY.—The Secretary shall— 

12 (1) retain or enter into new agreements with 

13 entities for a proportionate allocation of 29,100 

14 acre-feet of storage space pursuant to section 5 of 

15 Public Law 97–140; and 

16 (2) amend or enter into new storage agree17 ments for storage of San Juan-Chama project water 

18 or native Rio Grande system water up to the space 

19 allocated for each entity’s proportionate share of 

20 San Juan-Chama water. 

21 (e) OPERATIONS DOCUMENTS.—The Secretary shall 

22 amend or revise any existing operations documents, in23 cluding the Water Control Manual or operations plan for 

24 Abiquiu Reservoir, as necessary to meet the requirements 

25 of this section. 


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1 (f) LIMITATIONS.—In carrying out this section, the 

2 following limitations shall apply: 

3 (1) The storage of native Rio Grande system 

4 water shall be subject to the provisions of the Rio 

5 Grande Compact and the resolutions of the Rio 

6 Grande Compact Commission. 

7 (2) The storage of native Rio Grande system 

8 water shall only be authorized to the extent that the 

9 necessary water ownership and storage rights have 

10 been acquired by the entity requesting such storage. 

11 (3) The storage of native Rio Grande system 

12 water or San-Juan Chama project water shall not 

13 interfere with the authorized purposes of the 

14 Abiquiu Dam and Reservoir project. 

15 (4) Each user of storage space, regardless of 

16 source of water, shall pay for any increase in costs 

17 attributable to storage of that user’s water. 

18 SEC. 323. PAWCATUCK RIVER, LITTLE NARRAGANSETT BAY 

19 AND WATCH HILL COVE, RHODE ISLAND AND 

20 CONNECTICUT. 

21 Beginning on the date of enactment of this Act, that 

22 portion of the project for navigation, Pawcatuck River, 

23 Little Narragansett Bay and Watch Hill Cove, Rhode Is24 land and Connecticut, authorized by section 2 of the Act 

25 of March 2, 1945 (chapter 19, 59 Stat. 13), consisting 


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1 of a 10-foot deep, 16-acre anchorage area in Watch Hill 

2 Cove is no longer authorized. 

3 SEC. 324. HARRIS COUNTY, TEXAS. 

4 Section 575 of the Water Resources Development Act 

5 of 1996 (110 Stat. 3789) is repealed. 

6 SEC. 325. CAP SANTE WATERWAY, WASHINGTON. 

7 Beginning on the date of enactment of this Act, the 

8 project for navigation, Cap Sante Waterway and Naviga9 tion Channel, Skagit County, Washington, authorized by 

10 the Act of March 2, 1919 (chapter 95, 40 Stat. 1285), 

11 is modified to deauthorize the portion of the project con12 sisting of an approximately 334,434 foot area of the Fed13 eral channel within Anacortes Harbor inside and directly 

14 adjacent to the Federal breakwater and training wall 

15 structure, starting at a point with coordinates 

16 N557015.552, E1210819.619, thence running S88 

17 13’2.06’’E approximately 200 feet to a point with coordi18 nates N557009.330, E1211019.522, thence running S01 

19 46’58.08’’W approximately 578 feet to a point with co20 ordinates N556431.405, E1211001.534, thence running 

21 S49 49’50.23’’W approximately 69 feet to a point with 

22 coordinates N556387.076, E1210949.002, thence running 

23 S51 53’0.25’’E approximately 35 feet to a point with co24 ordinates N556365.662, E1210976.316, thence running 

25 S49 38’58.48’’W approximately 112 feet to a point with 


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1 coordinates N556292.989, E1210890.775, thence running 

2 N88 13’1.87’’W approximately 109 feet to a point with 

3 coordinates N556296.367, E1210782.226, thence running 

4 S46 46’58.97’’W approximately 141 feet to a point with 

5 coordinates N556199.527, E1210679.164, thence running 

6 N88 13’1.77’’W approximately 700 feet to a point with 

7 coordinates N556221.305, E1209979.502, thence running 

8 N01 46’58.08’’E approximately 250 feet to a point with 

9 coordinates N556471.184, E1209987.280, thence running 

10 S88 13’1.77’’E approximately 815 feet to a point with co11 ordinates N556445.828, E1210801.886, thence running 

12 N01 46’58.08’’E approximately 570 feet to the point of 

13 origin. 

14 SEC. 326. ADDITIONAL ASSISTANCE FOR CRITICAL 

15 PROJECTS. 

16 (a) CONSISTENCY WITH REPORTS.—Congress finds 

17 that the project modifications described in this section are 

18 in accordance with the reports submitted to Congress by 

19 the Secretary under section 7001 of the Water Resources 

20 Reform and Development Act of 2014 (33 U.S.C. 2282d), 

21 titled ‘‘Report to Congress on Future Water Resources 

22 Development’’, or have otherwise been reviewed by Con23 gress. 

24 (b) MODIFICATIONS.— 


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1 (1) SACRAMENTO AREA, CALIFORNIA.—Section 

2 219(f)(23) of the Water Resources Development Act 

3 of 1992 (106 Stat. 4835; 113 Stat. 336; 117 Stat. 

4 1840) is amended to read as follows: 

5 ‘‘(23) SACRAMENTO AREA, CALIFORNIA.— 

6 $45,000,000 for regional water conservation, recy7 cling, reliability, and resiliency projects in Placer, El 

8 Dorado, and Sacramento Counties and the San 

9 Juan Suburban Water District, California.’’. 

10 (2) SOUTH PERRIS, CALIFORNIA.—Section 

11 219(f)(52) of the Water Resources Development Act 

12 of 1992 (106 Stat. 4835; 113 Stat. 336; 114 Stat. 

13 2763A–220) is amended by striking ‘‘$25,000,000’’ 

14 and inserting ‘‘$50,000,000’’. 

15 (3) SOUTHERN AND EASTERN KENTUCKY.— 

16 Section 531 of the Water Resources Development 

17 Act of 1996 (110 Stat. 3773; 113 Stat. 348; 117 

18 Stat. 142; 121 Stat. 1226) is amended— 

19 (A) in subsection (g), by inserting ‘‘Boyd, 

20 Carter, Elliott, Lincoln,’’ after ‘‘Lee,’’; and 

21 (B) in subsection (h), by striking 

22 ‘‘$40,000,000’’ and inserting ‘‘$80,000,000’’. 

23 (4) DESOTO COUNTY, MISSISSIPPI.—Section 

24 219(f)(30) of the Water Resources Development Act 

25 of 1992 (106 Stat. 4835; 113 Stat. 336; 114 Stat. 


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1 2763A–220; 119 Stat. 282; 119 Stat. 2257; 122 

2 Stat. 1623) is amended by striking ‘‘$75,000,000’’ 

3 and inserting ‘‘$130,000,000’’. 

4 (5) JACKSON COUNTY, MISSISSIPPI.—Section 

5 219(e)(1) of the Water Resources Development Act 

6 of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 

7 1494; 121 Stat. 1258) is amended by striking 

8 ‘‘$32,500,000’’ and inserting ‘‘$57,500,000’’. 

9 (6) ST. LOUIS, MISSOURI.—Section 219(f)(32) 

10 of the Water Resources Development Act of 1992 

11 (106 Stat. 4835; 113 Stat. 337; 121 Stat. 1233) is 

12 amended by striking ‘‘$35,000,000’’ and inserting 

13 ‘‘$70,000,000’’. 

14 (7) MIDWEST CITY, OKLAHOMA.—Section 

15 219(f)(231) of the Water Resources Development 

16 Act of 1992 (106 Stat. 4835; 113 Stat. 336; 121 

17 Stat. 1266) is amended by striking ‘‘$2,000,000’’ 

18 and inserting ‘‘$5,000,000’’. 

19 (8) SOUTH CENTRAL PENNSYLVANIA.—Section 

20 313 of the Water Resources Development Act of 

21 1992 (106 Stat. 4845; 109 Stat. 407; 110 Stat. 

22 3723; 113 Stat. 310; 117 Stat. 142; 121 Stat. 

23 1146) is amended— 


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1 (A) in subsection (g)(1), by striking 

2 ‘‘$200,000,000’’ and inserting ‘‘$400,000,000’’; 

3 and 

4 (B) in subsection (h)(2), by inserting 

5 ‘‘Beaver, Jefferson,’’ after ‘‘Washington,’’. 

6 (9) LAKES MARION AND MOULTRIE, SOUTH

7 CAROLINA.—Section 219(f)(25) of the Water Re8 sources Development Act of 1992 (106 Stat. 4835; 

9 113 Stat. 336; 114 Stat. 2763A–220; 117 Stat. 

10 1838; 130 Stat. 1677; 132 Stat. 3818) is amended 

11 by striking ‘‘$89,550,000’’ and inserting 

12 ‘‘$110,000,000’’. 

13 (10) EL PASO COUNTY, TEXAS.—Section 

14 219(f)(269) of the Water Resources Development 

15 Act of 1992 (106 Stat. 4835; 113 Stat. 336; 121 

16 Stat. 1268) is amended by striking ‘‘$25,000,000’’ 

17 and inserting ‘‘$75,000,000’’. 

18 (11) WESTERN RURAL WATER.—Section 595 of 

19 the Water Resources Development Act of 1999 (113 

20 Stat. 383; 117 Stat. 139; 117 Stat. 142; 117 Stat. 

21 1836; 118 Stat. 440; 121 Stat. 1219; 123 Stat. 

22 2851; 128 Stat. 1316; 130 Stat. 1681) is amend23 ed— 

24 (A) by striking the section heading and in25 serting ‘‘WESTERN RURAL WATER.’’; 


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1 (B) in subsections (b) and (c), by inserting 

2 ‘‘Arizona,’’ before ‘‘Idaho’’ each place it ap3 pears; and 

4 (C) in subsection (i), by striking ‘‘for the 

5 period beginning with fiscal year 2001, 

6 $435,000,000, to remain available until ex7 pended.’’ and inserting the following: ‘‘, to re8 main available until expended— 

9 ‘‘(1) for the period beginning with fiscal year 

10 2001, $435,000,000 for Idaho, Montana, rural Ne11 vada, New Mexico, rural Utah, and Wyoming; and 

12 ‘‘(2) $150,000,000 for Arizona.’’. 

13 (12) CENTRAL WEST VIRGINIA.—Section 571(h) 

14 of the Water Resources Development Act of 1999 

15 (113 Stat. 371; 121 Stat. 1257) is amended by 

16 striking ‘‘$20,000,000’’ and inserting 

17 ‘‘$40,000,000’’. 

18 (13) SOUTHERN WEST VIRGINIA.—Section 

19 340(g) of the Water Resources Development Act of 

20 1992 (106 Stat. 4856; 110 Stat. 3727; 113 Stat. 

21 320) is amended by striking ‘‘$40,000,000’’ and in22 serting ‘‘$120,000,000’’. 

23 (c) LOWELL CREEK TUNNEL, SEWARD, ALASKA.— 

24 Section 5032(a)(2) of the Water Resources Development 


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1 Act of 2007 (Public Law 110–114, 121 Stat. 1205) is 

2 amended by striking ‘‘15’’ and inserting ‘‘20’’. 

3 SEC. 327. PROJECT MODIFICATION AUTHORIZATIONS. 

4 (a) WATER SUPPLY.—The following project modifica5 tions for water supply, as identified in the report entitled 

6 ‘‘Report to Congress on Future Water Resources Develop7 ment’’ dated February 2019, and submitted to Congress 

8 on June 3, 2019, pursuant to section 7001 of the Water 

9 Resources Reform and Development Act of 2014 (33 

10 U.S.C. 2282d) or otherwise reviewed by Congress, are au11 thorized to be carried out by the Secretary substantially 

12 in accordance with the recommendations, included in such 

13 report pursuant to section 301(c) of the Water Supply Act 

14 of 1958 (43 U.S.C. 390b(c)): 

15 (1) The project modification for the State of 

16 Missouri, Clarence Cannon Dam and Mark Twain 

17 Lake Project Salt River, Missouri. 

18 (2) The project modification for the City of 

19 Plattsburg, Smithville Lake, Missouri. 

20 (3) The project modification for the City of 

21 Smithville, Smithville Lake, Missouri. 

22 (b) FLOOD RISK MANAGEMENT.—The following 

23 project modifications for flood risk management, as identi24 fied in a report entitled ‘‘Report to Congress on Future 

25 Water Resources Development’’, and submitted to ConVerDate Sep 11 2014 00:45 Jul 14, 2020 Jkt 099200 PO 00000 Frm 00148 Fmt 6652 Sfmt 6201 E:\BILLS\H7575.IH H7575

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1 gress pursuant to section 7001 of the Water Resources 

2 Reform and Development Act of 2014 (33 U.S.C. 2282d) 

3 or otherwise reviewed by Congress, are authorized to be 

4 carried out by the Secretary: 

5 (1) Modification of the project for flood risk 

6 management, lower Mississippi River, authorized by 

7 the Act of May 15, 1928 (chapter 569, 45 Stat. 

8 534), to incorporate the Wolf River Backwater and 

9 Nonconnah Creek levee systems into the project, au10 thorized by section 5 of the Act of June 22, 1936 

11 (chapter 688, 49 Stat. 1575; 50 Stat. 881), subject 

12 to the determination of the Secretary that such sys13 tems meet all requirements applicable to such 

14 project. 

15 (2) Modification of the project for flood risk 

16 management, Red River below Denison Dam, Arkan17 sas, Louisiana, and Texas, authorized by the Act of 

18 June 28, 1938 (chapter 795, 52 Stat. 1219) to in19 corporate the Cherokee Park Levee into the project, 

20 subject to the determination of the Secretary that 

21 such levee meets all requirements applicable to such 

22 project. 

23 SEC. 328. APPLICATION OF CREDIT. 

24 Section 7007(d) of the Water Resources Development 

25 Act of 2007 (121 Stat.1277; 128 Stat. 1226) is amended 


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1 by inserting ‘‘, or may be applied to reduce the amounts 

2 required to be paid by the non-Federal interest under the 

3 terms of the deferred payment agreements entered into 

4 between the Secretary and the non-Federal interest for the 

5 projects authorized by section 7012(a)(1)’’ before the pe6 riod at the end. 

7 SEC. 329. PROJECT REAUTHORIZATIONS. 

8 (a) IN GENERAL.— 

9 (1) MUDDY RIVER, MASSACHUSETTS.—The sep10 arable elements for ecosystem restoration of the 

11 project for flood damage reduction and environ12 mental restoration, Muddy River, Brookline and 

13 Boston, Massachusetts, authorized by section 522 of 

14 the Water Resources Development Act of 2000 (114 

15 Stat. 2656), and deauthorized pursuant to section 

16 6001 of the Water Resources Reform and Develop17 ment Act of 2014 (128 Stat. 1345), are authorized 

18 to be carried out by the Secretary, subject to sub19 section (b). 

20 (2) EAST CHESTER CREEK, NEW YORK.—Not21 withstanding section 1001 of the Water Resources 

22 Development Act of 1986 (33 U.S.C. 579a), the 

23 project for navigation, East Chester Creek, New 

24 York, authorized by section 101 of the River and 

25 Harbor Act of 1950 (64 Stat. 164; 100 Stat. 4181), 


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1 and deauthorized pursuant to section 1001 of the 

2 Water Resources Development Act of 1986 (33 

3 U.S.C. 579(a)), is authorized to be carried out by 

4 the Secretary, subject to subsection (b). 

5 (3) CHRISTIANSTED HARBOR, UNITED STATES

6 VIRGIN ISLANDS.—Notwithstanding section 1002 of 

7 the Water Resources Development Act of 1986 (100 

8 Stat. 4221), the portion of the project for naviga9 tion, Christiansted Harbor, St. Croix, United States 

10 Virgin Islands, authorized by section 101 of the 

11 River and Harbor Act of 1950 (64 Stat. 167), and 

12 deauthorized under section 1002 of the Water Re13 sources Development Act of 1986 (100 Stat. 4221) 

14 is authorized to be carried out by the Secretary, sub15 ject to subsection (b). 

16 (4) CHARLOTTE HARBOR, UNITED STATES VIR17 GIN ISLANDS.—Notwithstanding section 1002 of the 

18 Water Resources Development Act of 1986 (100 

19 Stat. 4221), the portion of the project for naviga20 tion, Charlotte Amalie (St. Thomas) Harbor, St. 

21 Thomas, United States Virgin Islands, authorized by 

22 the Act of August 26, 1937 (chapter 832, 50 Stat. 

23 850), and deauthorized under section 1002 of the 

24 Water Resources Development Act of 1986 (100 


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1 Stat. 4221) is authorized to be carried out by the 

2 Secretary, subject to subsection (b). 

3 (b) REPORT TO CONGRESS.—The Secretary shall 

4 complete and submit to the Committee on Transportation 

5 and Infrastructure of the House of Representatives and 

6 the Committee on Environment and Public Works of the 

7 Senate a post-authorization change report (as such term 

8 is defined in section 1132(d) of the Water Resources De9 velopment Act of 2016 (33 U.S.C. 2282e(d)) prior to car10 rying out a project identified in subsection (a). 

11 SEC. 330. CONVEYANCES. 

12 (a) GENERALLY APPLICABLE PROVISIONS.— 

13 (1) SURVEY TO OBTAIN LEGAL DESCRIPTION.— 

14 The exact acreage and the legal description of any 

15 real property to be conveyed under this section shall 

16 be determined by a survey that is satisfactory to the 

17 Secretary. 

18 (2) APPLICABILITY OF PROPERTY SCREENING

19 PROVISIONS.—Section 2696 of title 10, United 

20 States Code, shall not apply to any conveyance 

21 under this section. 

22 (3) COSTS OF CONVEYANCE.—An entity to 

23 which a conveyance is made under this section shall 

24 be responsible for all reasonable and necessary costs, 


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1 including real estate transaction and environmental 

2 documentation costs, associated with the conveyance. 

3 (4) LIABILITY.—An entity to which a convey4 ance is made under this section shall hold the 

5 United States harmless from any liability with re6 spect to activities carried out, on or after the date 

7 of the conveyance, on the real property conveyed. 

8 The United States shall remain responsible for any 

9 liability with respect to activities carried out, before 

10 such date, on the real property conveyed. 

11 (5) ADDITIONAL TERMS AND CONDITIONS.— 

12 The Secretary may require that any conveyance 

13 under this section be subject to such additional 

14 terms and conditions as the Secretary considers nec15 essary and appropriate to protect the interests of the 

16 United States. 

17 (b) EUFAULA, ALABAMA.— 

18 (1) CONVEYANCE AUTHORIZED.—The Secretary 

19 shall convey to the City of Eufaula, Alabama, all 

20 right, title, and interest of the United States in and 

21 to the real property described in the Department of 

22 the Army Lease No. DACW01–2–17–0747, con23 taining 56.76 acres, more or less, and being a part 

24 of Tracts L–1268 (26.12 acres), L–1273 (13.71 

25 acres), L–1278 (6.75 acres), and L1279 (10.36 


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1 acres) of the Walter F. George Lock and Dam and 

2 Lake project. 

3 (2) DEED.—The Secretary shall convey the 

4 property under this subsection by quitclaim deed 

5 under such terms and conditions as the Secretary 

6 determines appropriate to protect the interests of 

7 the United States. 

8 (3) CONSIDERATION.—The City of Eufaula, 

9 Alabama, shall pay to the Secretary an amount that 

10 is not less than the fair market value of the property 

11 conveyed under this subsection, as determined by the 

12 Secretary. 

13 (c) MONTGOMERY, ALABAMA.— 

14 (1) CONVEYANCE AUTHORIZED.—The Secretary 

15 shall convey to the City of Montgomery, Alabama, 

16 all right, title, and interest of the United States in 

17 and to the real property described in paragraph (2). 

18 (2) PROPERTY.—The property to be conveyed is 

19 the 62.38 acres of land and water under the primary 

20 jurisdiction of the Secretary in the R.E. ‘‘Bob’’ 

21 Woodruff Project Area that is covered by lease num22 ber DACW01–1–05–0037, including the parcels and 

23 structure known as ‘‘Powder Magazine’’. 

24 (3) DEED.—The Secretary shall convey the 

25 property under this subsection by quitclaim deed 


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1 under such terms and conditions as the Secretary 

2 determines appropriate to protect the interests of 

3 the United States, to include retaining the right to 

4 inundate with water any land transferred under this 

5 subsection. 

6 (4) CONSIDERATION.—The City of Mont7 gomery, Alabama, shall pay to the Secretary an 

8 amount that is not less than the fair market value 

9 of the property conveyed under this subsection, as 

10 determined by the Secretary. 

11 (d) OHIO RIVER LOCK AND DAM NUMBER 52, 

12 MASSAC COUNTY, ILLINOIS.— 

13 (1) CONVEYANCE AUTHORIZED.—The Secretary 

14 shall convey to the Massac-Metropolis Port District, 

15 Illinois, all right, title, and interest of the United 

16 States in and to any real property located north of 

17 the south bank of the Ohio River in Massac County, 

18 Illinois, that is associated with the Ohio River Lock 

19 and Dam 52. 

20 (2) DEED.—The Secretary shall convey the 

21 property under this subsection by quitclaim deed 

22 under such terms and conditions as the Secretary 

23 determines appropriate to protect the interests of 

24 the United States. 


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1 (3) CONSIDERATION.—The Massac-Metropolis 

2 Port District, Illinois, shall pay to the Secretary an 

3 amount that is not less than fair market value of the 

4 property conveyed under this subsection, as deter5 mined by the Secretary. 

6 (e) CLINTON, MISSOURI.— 

7 (1) CONVEYANCE AUTHORIZED.—The Secretary 

8 shall convey to the City of Clinton, Missouri, without 

9 consideration, all right, title, and interest of the 

10 United States in and to the real property described 

11 in paragraph (2). 

12 (2) PROPERTY.—The property to be conveyed is 

a tract of land situated in the S 1 13 ⁄2 of Section 12 

and the N 1 14 ⁄2 of Section 13, Township 41 North, 

15 Range 26 West of the Fifth Principal Meridian, 

16 Henry County, Missouri, more particularly described 

17 as follows: Beginning at the point of intersection of 

the north line of said S 1 18 ⁄2 of Section 12 and the 

19 easterly right-of-way of State Highway No. 13; 

thence easterly along the north line of said S 1 20 ⁄2 to 

the northeast corner of the W 1⁄2 NW 1⁄4 NE 1 21 ⁄4 SW 

1 22 ⁄4 of said Section 12; thence southerly along the 

east line of said W 1⁄2 NW 1⁄4 NE 1⁄4 SW 1 23 ⁄4 to the 

24 southeast corner thereof; thence easterly along the 

north line of the S 1⁄2 NE 1⁄4 SW 1 25 ⁄4 of said Section 


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12 to the southwest corner of the W 1⁄2 NW 1 1 ⁄4 NW 

1⁄4 SE 1 2 ⁄4 of said Section 12; thence in a northeasterly direction to the northeast corner of said W 1 3 ⁄2

NW 1⁄4 NW 1⁄4 SE 1 4 ⁄4 ; thence easterly along the 

north line of said S 1 5 ⁄2 to the westerly right-of-way 

6 of the County Road; thence in a southeasterly and 

7 southerly direction along the westerly right-of-way of 

8 said County Road approximately 2500 feet to the 

9 center of Deer Creek; thence in a southwesterly di10 rection along the center of said Deer Creek, approximately 3900 feet to the south line of said N 1 11 ⁄2 of 

12 Section 13; thence westerly along the south line of 

said N 1 13 ⁄2 to the easterly right-of-way line of the St. 

14 Louis-San Francisco Railroad; thence in a north15 westerly direction along the easterly right-of-way of 

16 said railroad to the easterly right-of-way of said 

17 State Highway No. 13; thence in a northeasterly di18 rection along the easterly right-of-way of said State 

19 Highway No. 13 to the point of the beginning; and 

20 including a roadway easement for ingress and 

21 egress, described as a strip of land 80 feet in width, 

22 lying 40 feet on each side of the following described 

23 line, the initial extremities of the following described 

24 strip being extended or reduced as required to ex25 actly adjoin the boundary lines which they meet, sitVerDate Sep 11 2014 00:45 Jul 14, 2020 Jkt 099200 PO 00000 Frm 00157 Fmt 6652 Sfmt 6201 E:\BILLS\H7575.IH H7575

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uated in the S 1 1 ⁄2 of Section 12, Township 41 North 

2 Range 26 West of the Fifth Principal Meridian, 

3 Henry County, Missouri, more particularly described 

4 as follows: Commencing at the center of said Section 

5 12, thence Sl°24’56’’W, 1265.52 feet to a point, 

6 thence N88°29’02’’W, 483.97 feet to the point of 

7 beginning of the strip of land herein described; 

8 thence in a northeasterly direction along a curve to 

9 the right, said curve having an initial tangent bear10 ing of N3°44’4l’’E, a radius of 238.73 feet and an 

11 interior angle of 61°29’26’’, an arc distance of 

12 256.21 feet to a point; thence N65°14’07’’E 218.58 

13 feet to a point; thence in a northeasterly direction 

14 along a curve to the left, having a radius of 674.07 

15 feet and an interior angle of 36°00’01’’, an arc dis16 tance of 423.53 feet to a point; thence 

17 N29°14’07’’E, 417.87 feet to a point; thence north18 easterly along a curve to the right, having a radius 

19 of 818.51 feet and an interior angle of 14°30’01’’, 

20 an arc distance of 207.15 feet to a point; thence 

21 N43°44’07’’E, 57.00 feet to the southerly right-of22 way line of a county road, containing 2,948 acres, 

23 more or less; Excluding therefrom a tract of land 

situated in the S 1 24 ⁄2 of said Section 12, said Town25 ship and Range, described as commencing at the 


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1 center of said Section 12; thence S1°24’56’’W, 

2 1265.52 feet to the point of beginning of the tract 

3 of land herein described; thence N88°29’02′′W, 

4 1122.50 feet; thence S1°43’26′′W, 872.62 feet; 

5 thence S88°29’02’’E, 1337.36 feet; thence 

6 Nl°43’26’’E, 872.62 feet; thence N88°29’02’’W, 

7 214.86 feet to the point of beginning, containing 

8 26.79 acres, more or less. The above described tract 

9 contains, in the aggregate, 177.69 acres, more or 

10 less. 

11 (3) DEED.—The Secretary shall convey the 

12 property under this subsection by quitclaim deed 

13 under such terms and conditions as the Secretary 

14 determines appropriate to protect the interests of 

15 the United States. 

16 (4) REVERSION.—If the Secretary determines 

17 that the property conveyed under this subsection is 

18 not being used for a public purpose, all right, title, 

19 and interest in and to the property shall revert, at 

20 the discretion of the Secretary, to the United States. 

21 (f) CITY OF CLINTON, OLD ORCHARD ADDITION, 

22 MISSOURI.— 

23 (1) CONVEYANCE AUTHORIZED.—The Secretary 

24 shall convey to the City of Clinton, Missouri, all 


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1 right, title, and interest of the United States in and 

2 to the real property described in paragraph (2). 

3 (2) PROPERTY.—The property to be conveyed is 

4 Lot 28 in Old Orchard Addition, a subdivision of the 

5 City of Clinton, Henry County, Missouri, containing 

6 0.36 acres, more or less, including any improve7 ments thereon. 

8 (3) DEED.—The Secretary shall convey the 

9 property under this subsection by quitclaim deed 

10 under such terms and conditions as the Secretary 

11 determines appropriate to protect the interests of 

12 the United States, including such reservations, 

13 terms, and conditions as the Secretary determines 

14 necessary to allow the United States to operate and 

15 maintain the Harry S. Truman Reservoir Project. 

16 (4) CONSIDERATION.—The City of Clinton, 

17 Missouri, shall pay to the Secretary an amount that 

18 is not less than the fair market value of the property 

19 conveyed under this subsection, as determined by the 

20 Secretary. 

21 (g) TRI-COUNTY LEVEE DISTRICT, MISSOURI.— 

22 (1) CONVEYANCE AUTHORIZED.—The Secretary 

23 shall convey to the Tri-County Levee District, Mis24 souri, all right, title, and interest of the United 


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1 States in and to the real property described in para2 graph (2). 

3 (2) PROPERTY.—The property to be conveyed is 

4 the part of Sections 1 and 12 Township 45 North 

5 Range 6 West of the 5th P.M. in Montgomery Coun6 ty, Missouri, described as follows: A tract of land 

7 being 60’ wide and lying South and East of and ad8 joining the centerline of the existing levee and being 

9 described as follows: Commencing at the NW corner 

10 of Section 12, thence S 87° 52’ 35’’ E 587.4’, 

11 thence S 01° 29’ 25’’ W 453.68’ to the point of the 

12 beginning; said point being in the center of the levee, 

13 thence with the centerline of the levee N 77° 01’ 30’’ 

14 E 164.92’, thence N 74° 26’ 55’’ E 250.0’, thence 

15 N 72° 27’ 55’’ E 270.0’, thence N 69° 06’ 10’’ E 

16 300.0’, thence N 66° 42’ 15’’ E 500.0’, thence N 

17 64° 14’ 30’’ E 270.0’, thence N 61° 09’ 10’’ E 

18 800.0’, thence N 60° 58’ 15’’ E 1724.45’, thence 

19 leaving the centerline S 01° 10’ 35’’ W 69.43’, 

20 thence parallel with the above described centerline S 

21 60° 58’ 15’’ W 1689.62’, thence S 61° 09’ 10’’ W 

22 801.71’, thence S 64° 14’ 30’’ W 272.91’, thence S 

23 66° 42’ 15’’ W 502.55’, thence S 69° 06’ 10’’ W 

24 303.02’, thence S 72° 27’ 55’’ W 272.8’, thence S 

25 74° 26’ 55’’ W 252.39’, thence S 77° 01’ 30’’ W 


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1 181.75’, thence leaving the South side of the levee 

2 N 01° 26’ 25’’ E 61.96’ to the point of beginning 

3 and containing 5.89 acres more or less. 

4 (3) DEED.—The Secretary shall convey the 

5 property under this subsection by quitclaim deed 

6 under such terms and conditions as the Secretary 

7 determines appropriate to protect the interests of 

8 the United States. 

9 (4) CONSIDERATION.—The Tri-County Levee 

10 District, Missouri, shall pay to the Secretary an 

11 amount that is not less than the fair market value 

12 of the property conveyed under this subsection, as 

13 determined by the Secretary. 

14 (h) JUDGE JOSEPH BARKER, JR., HOUSE, OHIO.— 

15 (1) NON-FEDERAL ENTITY.—In this subsection, 

16 the term ‘‘non-Federal entity’’ means the Friends of 

17 Joseph Barker, Jr., House, a nonprofit organization 

18 in the State of Ohio. 

19 (2) CONVEYANCE AUTHORIZED.— 

20 (A) IN GENERAL.—Subject to paragraph 

21 (6), the Secretary shall convey to the non-Fed22 eral entity, without consideration, all right, 

23 title, and interest of the United States in and 

24 to the property described in paragraph (3)(A). 


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1 (B) EASEMENT.—Upon conveyance of the 

2 property under subparagraph (A), the Secretary 

3 shall provide to the non-Federal entity, without 

4 consideration, an easement over the property 

5 described in paragraph (3)(B) for access to the 

6 conveyed property for as long as the non-Fed7 eral entity is in legal possession of the conveyed 

8 property. 

9 (3) DESCRIPTIONS OF PROPERTY.— 

10 (A) IN GENERAL.—The property referred 

11 to in paragraph (2)(A) is the following (as in 

12 existence on the date of enactment of this Act): 

13 (i) JUDGE JOSEPH BARKER, JR., 

14 HOUSE.—The tract of land situated in the 

15 State of Ohio, Washington County, on the 

16 Ohio River, and being particularly bounded 

17 and described as follows: Beginning at a 

18 point located on the southern right-of-way 

19 line of Ohio Route 7, a new corner to the 

20 land now or formerly owned by the United 

21 States of America; thence, leaving the 

22 right-of-way of said Route 7 and severing 

23 the land of said United States of America 

24 parallel to and approximately 10 feet eas25 terly of the toe of the existing dredge disVerDate Sep 11 2014 00:45 Jul 14, 2020 Jkt 099200 PO 00000 Frm 00163 Fmt 6652 Sfmt 6201 E:\BILLS\H7575.IH H7575

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1 posal berm, southeasterly approximately 

2 326 feet to a point prior to the current 

3 Corps of Engineers access to the dredging 

4 spoil area; thence, northeasterly approxi5 mately 480 feet paralleling the top of the 

6 slope to the riverbank side of the house 

7 and approximately 25 feet northerly there8 from; thence, northwest approximately 302 

9 feet to a point in the southern right-of-way 

10 of Ohio Route 7; thence with the right-of11 way of said Route 7, southwesterly ap12 proximately 485 feet to the point of begin13 ning, containing approximately 3.51 acres. 

14 (ii) ROAD TRACT.—The tract of land 

15 situated in the State of Ohio, Washington 

16 County, on the Ohio River, and being par17 ticularly bounded and described as follows: 

18 Beginning at a point located on the south19 ern right-of-way line of Ohio Route 7, a 

20 new corner to the land now or formerly 

21 owned by the United States of America; 

22 thence, leaving the right-of-way of said 

23 Route 7 and severing the land of said 

24 United States of America and with the 

25 House Parcel southeasterly 25 feet; thence, 


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1 northeast, running parallel to said Route 7 

2 right-of-way, approximately 994 feet to a 

3 point of deflection; thence northeasterly 

4 368 feet to a point beyond the existing 

5 fence corner; thence, east 140 feet to the 

6 edge of the existing Willow Island access 

7 road; thence with said access road, north8 westerly approximately 62 feet to a point 

9 in the southern right-of-way of Ohio Route 

10 7; thence with the right-of-way of said 

11 Route 7, southwesterly approximately 

12 1,491 feet to the point of beginning, con13 taining approximately 1 acre. 

14 (B) EASEMENT.—The property referred to 

15 in paragraph (2)(B) is the following: The tract 

16 of land situated in the State of Ohio, Wash17 ington County, on the Ohio River, and being 

18 particularly bounded and described as follows: 

19 Beginning at a point at the intersection of the 

20 southern right-of-way of Ohio Route 7 and the 

21 northeast side of the existing Willow Island ac22 cess road, a new corner to the land now or for23 merly owned by the United States of America; 

24 thence, southwest, running with said Route 7 

25 right-of-way, approximately 30 feet to a point 


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1 on the southwest side of the existing access 

2 road, and corner to the road tract; thence with 

3 said access road and the line of the road parcel, 

4 southeasterly approximately 62 feet to a point; 

5 thence leaving the road parcel and crossing the 

6 existing access road northeasterly approxi7 mately 30 feet to a point located on the north8 east side of the existing access road; thence, 

9 northwesterly approximately 62 feet, to the 

10 point of beginning, containing approximately 

11 0.04 acre. 

12 (4) DEED.—The Secretary shall convey the 

13 property under this subsection by quitclaim deed 

14 under such terms and conditions as the Secretary 

15 determines appropriate to protect the interests of 

16 the United States. 

17 (5) REVERSION.—If the Secretary determines 

18 that the property conveyed under this subsection is 

19 not being used by the non-Federal entity for a public 

20 purpose, all right, title, and interest in and to the 

21 property shall revert, at the discretion of the Sec22 retary, to the United States. 

23 (6) REQUIREMENTS.— 

24 (A) IMPROVEMENTS.—The Secretary shall 

25 make such improvements and alterations to the 


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1 property described in paragraph (3)(A)(i) as 

2 the Secretary, in consultation with the non-Fed3 eral entity and relevant stakeholders, deter4 mines to be appropriate to facilitate conveyance 

5 of the property and provision of the easement 

6 under this subsection, subject to the condition 

7 that the total cost of those improvements and 

8 alterations undertaken by the Secretary shall be 

9 not more than $120,000. 

10 (B) ENVIRONMENTAL ASSESSMENT.—Be11 fore making a conveyance under paragraph (2), 

12 the Secretary shall— 

13 (i) conduct, with respect to the prop14 erty to be conveyed, an assessment of the 

15 environmental condition of the property, 

16 including an investigation of any potential 

17 hazardous, toxic, or radioactive waste 

18 present on such property; and 

19 (ii) submit to the non-Federal entity a 

20 report describing the results of such as21 sessment. 

22 (C) REFUSAL BY NON-FEDERAL ENTITY.— 

23 (i) IN GENERAL.—Upon review by the 

24 non-Federal entity of the report under sub25 paragraph (B), the non-Federal entity may 


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1 elect to refuse the conveyance under this 

2 subsection. 

3 (ii) ELECTION.—An election under 

4 clause (i)— 

5 (I) shall be at the sole discretion 

6 of the non-Federal entity; and 

7 (II) shall be made by the non8 Federal entity by not later than the 

9 date that is 30 days after the date of 

10 submission of the report under sub11 paragraph (B)(ii). 

12 (D) DREDGED MATERIAL PLACEMENT AC13 TIVITIES.—The Secretary shall— 

14 (i) notify and coordinate with the non15 Federal entity and relevant stakeholders 

16 before carrying out any dredged material 

17 placement activities associated with the 

18 property described in paragraph (3)(A) 

19 after the date on which such property is 

20 conveyed under this subsection; and 

21 (ii) in carrying out a dredged material 

22 placement activity under clause (i), act in 

23 accordance with Engineer Manual EM 

24 1110–2–5025 (or a subsequent version of 

25 that manual). 


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1 (7) RESERVATION OF RIGHTS.—The Secretary 

2 may reserve and retain from any conveyance under 

3 this subsection a right-of-way or any other right that 

4 the Secretary determines to be necessary for the op5 eration and maintenance of the authorized Federal 

6 channel along the Ohio River. 

7 (8) TREATMENT.—Conveyance to the non-Fed8 eral entity under this subsection of property de9 scribed in paragraph (3)(A)(i) shall satisfy all obli10 gations of the Secretary with respect to such prop11 erty under— 

12 (A) section 306101 of title 54, United 

13 States Code; and 

14 (B) section 306108 of title 54, United 

15 States Code, with respect to the effects on the 

16 property of dredged material placement activi17 ties carried out by the Secretary after the date 

18 of the conveyances. 

19 (9) INAPPLICABILITY.—Subtitle I of title 40, 

20 and chapter 4 of title 41, United States Code shall 

21 not apply to any conveyance or easement provided 

22 under this subsection. 

23 (i) LEABURG FISH HATCHERY, LANE COUNTY, OR24 EGON.— 


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1 (1) CONVEYANCE AUTHORIZED.—Subject to the 

2 provisions of this subsection, the Secretary shall con3 vey, without consideration, to the State of Oregon, 

4 acting through the Oregon Department of Fish and 

5 Wildlife, all right, title, and interest of the United 

6 States in and to the real property comprising the 

7 Leaburg Fish Hatchery, consisting of approximately 

8 21.55 acres, identified as tracts Q–1500, Q–1501E, 

9 and 300E–1 and described in Department of the 

10 Army Lease No. DACW57–1–18–0009, together 

11 with any improvements on the property. 

12 (2) WATER RIGHTS.—The Secretary may trans13 fer to the State of Oregon, acting through the Or14 egon Department of Fish and Wildlife, any water 

15 rights held by the United States that are appur16 tenant to the property conveyed under this sub17 section. 

18 (3) DEED.—The Secretary shall convey the 

19 property under this subsection by quitclaim deed 

20 under such terms and conditions as the Secretary 

21 determines appropriate to protect the interests of 

22 the United States, including a condition that all of 

23 the property conveyed under this subsection be used 

24 and maintained by the State of Oregon for the pur25 pose of operating a fish hatchery in perpetuity. 


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1 (4) REVERSION.—If the Secretary determines 

2 that the property conveyed under this subsection is 

3 not being used or maintained by the State of Oregon 

4 for the purpose of operating a fish hatchery in per5 petuity, all or any portion of the property, including 

6 any water rights transferred under this subsection, 

7 shall, at the option of the Secretary, revert to the 

8 United States. 

9 (5) SAVINGS CLAUSE.—If the State of Oregon 

10 does not accept the conveyance under this sub11 section, the Secretary may dispose of the property, 

12 including appurtenant water rights, under sub13 chapter III of chapter 5 of title 40, United States 

14 Code. 

15 (j) WILLAMETTE FALLS LOCKS, WILLAMETTE

16 RIVER, OREGON.— 

17 (1) DEFINITIONS.—In this section: 

18 (A) REAL ESTATE APPENDIX.—The term 

19 ‘‘real estate appendix’’ means Appendix A of 

20 the document published by the District Com21 mander of the Portland District of the Corps of 

22 Engineers, titled ‘‘Willamette Falls Locks Wil23 lamette River Oregon Section 216 Disposition 

24 Study with Integrated Environmental Assess25 ment’’. 


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1 (B) RECEIVING ENTITY.—The term ‘‘re2 ceiving entity’’ means an entity identified by the 

3 State of Oregon, in consultation with the Wil4 lamette Falls Locks Commission, to receive the 

5 conveyance under paragraph (2). 

6 (C) WILLAMETTE FALLS LOCKS

7 PROJECT.—The term ‘‘Willamette Falls Locks 

8 project’’ means the project for navigation, Wil9 lamette Falls Locks, Willamette River, Oregon, 

10 authorized by the Act of June 25, 1910 (36 

11 Stat. 664, chapter 382). 

12 (D) WILLAMETTE FALLS LOCKS RE13 PORT.—The term ‘‘Willamette Falls Locks re14 port’’ means the memorandum of the Director 

15 of Civil Works with the subject ‘‘Willamette 

16 Falls Locks (WFL), Willamette River Oregon 

17 Section 216 Disposition Study with Integrated 

18 Environmental Assessment (Study)’’, dated 

19 July 11, 2019. 

20 (2) CONVEYANCE AUTHORIZED.—The Secretary 

21 is authorized to convey to the receiving entity, with22 out consideration, all right, title, and interest of the 

23 United States in and to any land in which the Fed24 eral Government has a property interest for the Wil25 lamette Falls Locks project, together with any imVerDate Sep 11 2014 00:45 Jul 14, 2020 Jkt 099200 PO 00000 Frm 00172 Fmt 6652 Sfmt 6201 E:\BILLS\H7575.IH H7575

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1 provements on the land, subject to the requirements 

2 of this subsection and in accordance with the Wil3 lamette Falls Locks report. 

4 (3) DEED.—The Secretary shall convey the 

5 property under this subsection by quitclaim deed 

6 under such terms and conditions as the Secretary 

7 determines appropriate to protect the interests of 

8 the United States. 

9 (4) SUBJECT TO EXISTING EASEMENTS AND

10 OTHER INTERESTS.—The conveyance of property 

11 under paragraph (2) shall be subject to all existing 

12 deed reservations, easements, rights-of-way, and 

13 leases that are in effect as of the date of the convey14 ance. 

15 (5) REVERSION.—If the Secretary determines 

16 that the property conveyed under this subsection 

17 cease to be held in public ownership, all right, title, 

18 and interest in and to the property shall revert, at 

19 the discretion of the Secretary, to the United States. 

20 (6) REQUIREMENTS BEFORE CONVEYANCE.— 

21 (A) PERPETUAL ROAD EASEMENT.—Be22 fore a making the conveyance under paragraph 

23 (2), the Secretary shall acquire a perpetual 

24 road easement from an adjacent property owner 

25 for use of an access road, which easement shall 


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1 convey with the property conveyed under such 

2 paragraph. 

3 (B) ENVIRONMENTAL COMPLIANCE.—Be4 fore making the conveyance under paragraph 

5 (2), in accordance with the real estate appendix, 

6 the Secretary shall complete a Phase 1 Envi7 ronmental Site Assessment pursuant to the 

8 Comprehensive Environmental Response, Com9 pensation, and Liability Act of 1980 (42 U.S.C. 

10 9601 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 His15 toric Preservation that identifies actions the 

16 Secretary shall take before making the convey17 ance under 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 

25 date on which the Secretary makes the conveyance 


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1 under paragraph (2), the Willamette Falls Locks 

2 project is no longer authorized. 

3 SEC. 331. REPEALS. 

4 (a) Section 1001 of the Water Resources Develop5 ment 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) is repealed. 

12 (c) Section 1301 of the Water Resources Develop13 ment Act of 2016 (33 U.S.C. 579d) is repealed. 

14 (d) Section 1302 of the Water Resources Develop15 ment Act of 2016 (33 U.S.C. 579c–1) is repealed. 

16 (e) Section 1301 of the Water Resources Develop17 ment Act of 2018 (33 U.S.C. 579d–1) is repealed. 

18 (f) Section 1302 of the Water Resources Develop19 ment Act of 2018 (33 U.S.C. 579c–2) is repealed. 

20 TITLE IV—WATER RESOURCES 

21 INFRASTRUCTURE 

22 SEC. 401. PROJECT AUTHORIZATIONS. 

23 The following projects for water resources develop24 ment and conservation and other purposes, as identified 

25 in the reports titled ‘‘Report to Congress on Future Water 


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1 Resources Development’’ submitted to Congress pursuant 

2 to section 7001 of the Water Resources Reform and Devel3 opment Act of 2014 (33 U.S.C. 2282d) or otherwise re4 viewed by Congress, are authorized to be carried out by 

5 the Secretary substantially in accordance with the plans, 

6 and subject to the conditions, described in the respective 

7 reports or decision documents designated in this section: 

8 (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 

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. 


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A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Costs 

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 

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 


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A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Costs 

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.— 

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 


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A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Costs 

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 

6. RI Pawcatuck River 

Coastal Storm 

Risk Management Project 

December 

19, 2018 

Federal: $37,848,000 

Non-Federal: $20,379,000 

Total: $58,227,000 

7. VA Norfolk Coastal 

Storm Risk 

Management 

February 5, 

2019 

Federal: $909,040,000 

Non-Federal: $489,480,000 

Total: $1,398,520,000 

1 (4) FLOOD RISK MANAGEMENT AND ECO2 SYSTEM RESTORATION.— 


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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 

1 (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 

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 


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A. 

State 

B. 

Name 

C. 

Date of 

Report of 

Chief of 

Engineers 

D. 

Estimated 

Costs 

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 

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.— 


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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 

1 (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) 

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 

2 SEC. 402. SPECIAL RULES. 

3 (a) GREAT LAKES AND MISSISSIPPI RIVER

4 INTERBASIN PROJECT, BRANDON ROAD, WILL COUNTY, 

5 ILLINOIS.—The Secretary shall carry out the project for 

6 ecosystem restoration, Great Lakes and Mississippi River 


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1 Interbasin project, Brandon Road, Will County, Illinois, 

2 authorized by section 401 of this Act, substantially in ac3 cordance with the terms and conditions described in the 

4 Report of the Chief of Engineers, dated May 23, 2019, 

5 with the following modifications: 

6 (1) The Federal share of the cost of construc7 tion shall be 80 percent. 

8 (2) The Secretary may include the addition or 

9 substitution of technologies or measures not de10 scribed in the report, as the Secretary determines to 

11 be advisable. 

12 (b) WILLAMETTE RIVER BASIN REVIEW REALLOCA13 TION STUDY.—The Secretary shall carry out the project 

14 for water supply, Willamette River Basin Review Realloca15 tion, Oregon, authorized by section 401 of this Act, sub16 stantially in accordance with the terms and conditions de17 scribed in the Report of the Chief of Engineers, dated De18 cember 18, 2019, with the following modifications: 

19 (1) The Secretary shall meet the obligations of 

20 the Corps of Engineers under the Endangered Spe21 cies Act of 1973 by complying with the June 2019 

22 NMFS Willamette Basin Review Study Biological 

23 Opinion Reasonable and Prudent Alternative until 

24 such time, if any, as it is modified or replaced, in 

25 whole or in part, through the consultation process 


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1 under section 7(a) of the Endangered Species Act of 

2 1973. 

3 (2) The Secretary may reallocate not more than 

4 10 percent of overall storage in the joint conserva5 tion pool, as authorized by this Act and without fur6 ther Congressional action, if such reallocation is con7 sistent with the ongoing consultation under section 

8 7(a) of the Endangered Species Act of 1973 related 

9 to Willamette Valley System operations. 

10 (3) The Secretary shall ensure that the revised 

11 reallocation is not reallocated from a single storage 

12 use, does not seriously affect authorized project pur13 poses, and does not otherwise involve major oper14 ational changes to the project. 

15 (c) CANO MARTIN PENA, SAN JUAN, PUERTO

16 RICO.—Section 5127 of the Water Resources Develop17 ment Act of 2007 (121 Stat. 1242) is amended by striking 

18 ‘‘$150,000,000’’ and inserting ‘‘$232,430,000’’. 

19 SEC. 403. AUTHORIZATION OF PROJECTS BASED ON FEASI20 BILITY STUDIES PREPARED BY NON-FED21 ERAL INTERESTS. 

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

23 carry out the following projects for water resources devel24 opment and conservation and other purposes, subject to 

25 subsection (b): 


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1 (1) FORT PIERCE, ST. LUCIE COUNTY, FLOR2 IDA.—The project for hurricane and storm damage 

3 reduction, Fort Pierce, St. Lucie County, Florida, as 

4 described in the review assessment of the Secretary, 

5 titled ‘‘Review Assessment of St. Lucie County, 

6 Florida Fort Pierce Shore Protection Project Section 

7 203 Integrated Feasibility Study and Environmental 

8 Assessment (June 2018)’’ and dated July 2018, at 

9 a total cost of $33,107,639, and at an estimated 

10 total cost of $97,958,972 for periodic nourishment 

11 over the 50-year life of the project. 

12 (2) BAPTISTE COLLETTE BAYOU, LOUISIANA.— 

13 The project for navigation, Baptiste Collette Bayou, 

14 Louisiana, as described in the review assessment of 

15 the Secretary, titled ‘‘Review Assessment of 

16 Plaquemines Parish Government’s Section 203 

17 Study Baptiste Collette Bayou Navigation Channel 

18 Deepening Project Integrated Feasibility Study and 

19 Environmental Assessment (January 2017, Amend20 ed April 2018)’’ and dated June 2018, at a total 

21 cost of $44,920,000. 

22 (3) HOUMA NAVIGATION CANAL, LOUISIANA.— 

23 The project for navigation, Houma Navigation 

24 Canal, Louisiana, as described in the review assess25 ment of the Secretary, titled ‘‘Review Assessment of 


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1 Houma Navigation Canal Deepening Project Section 

2 203 Integrated Feasibility Report and DRAFT En3 vironmental Impact Statement (June 2018)’’ and 

4 dated July 2018, at a total cost of $253,458,000. 

5 (4) CHACON CREEK, TEXAS.—The project for 

6 flood risk management, ecosystem restoration, and 

7 other purposes, Chacon Creek, Texas, as described 

8 in the review assessment of the Secretary, titled 

9 ‘‘Review Assessment of Chacon Creek, Texas Section 

10 203 Integrated Feasibility Report and DRAFT En11 vironmental Assessment (August 2018)’’ and dated 

12 September 2018, at a total cost of $51,973,000. 

13 (b) REQUIREMENTS.—The Secretary may only carry 

14 out a project authorized under subsection (a)— 

15 (1) substantially in accordance with the applica16 ble review assessment for the project submitted by 

17 the Secretary under section 203(c) of the Water Re18 sources Development Act of 1986, as identified in 

19 subsection (a) of this section, and subject to such 

20 modifications or conditions as the Secretary con21 siders appropriate and identifies in a final assess22 ment that addresses the concerns, recommendations, 

23 and conditions identified by the Secretary in the ap24 plicable review assessment; and 


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1 (2) after the Secretary transmits to the Com2 mittee on Transportation and Infrastructure of the 

3 House of Representatives and the Committee on En4 vironment and Public Works of the Senate such 

5 final assessment. 

6 (c) TECHNICAL CORRECTION.—Section 203(c)(1) of 

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

8 2231(c)(1)) is amended, in the matter preceding subpara9 graph (A), by striking ‘‘a report’’ and inserting ‘‘an as10 sessment’’. 

Æ 


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