II 

117TH CONGRESS 

2D SESSION S. 3624 

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 SENATE OF THE UNITED STATES 

FEBRUARY 10, 2022 

Mr. CARPER (for himself and Mr. CASSIDY) introduced the following bill; 

which was read twice and referred to the Committee on Environment and 

Public Works 

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 ‘‘Shoreline Health Oversight, Restoration, Resilience, and 

6 Enhancement Act’’. 

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

8 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Secretary. 

Sec. 3. Shoreline and riverbank protection and restoration mission. 

Sec. 4. Project authorizations. 

Sec. 5. Modifications. 

Sec. 6. Reauthorization of certain beach nourishment projects. 

Sec. 7. Special rule for certain beach nourishment projects. 

Sec. 8. Protection and restoration of other Federal land along rivers and coasts. 

Sec. 9. Flood and coastal storm risk management feasibility studies. 

Sec. 10. Credit in lieu of reimbursement. 

Sec. 11. Coastal cost calculations. 

Sec. 12. Advance payment in lieu of reimbursement for certain Federal costs. 

Sec. 13. Cost sharing for nonstructural projects. 

Sec. 14. Coastal community flood control and other purposes. 

Sec. 15. Port Fourchon, Louisiana, dredged material disposal plan. 

Sec. 16. Delaware shore protection and restoration. 

Sec. 17. Great Lakes advance measures assistance. 

Sec. 18. Forecasting models for the Great Lakes. 

Sec. 19. Chattahoochee River program. 

Sec. 20. Mississippi River mat sinking unit. 

Sec. 21. Rehabilitation of existing levees. 

1 SEC. 2. DEFINITION OF SECRETARY. 

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

4 SEC. 3. SHORELINE AND RIVERBANK PROTECTION AND 

5 RESTORATION MISSION. 

6 (a) DECLARATION OF POLICY.—Congress declares 

7 that— 

8 (1) it is the policy of the United States to pro9 tect and restore the shorelines of the United States, 

10 which include each beach and shore of the Atlantic 

11 and Pacific Oceans, the Gulf of Mexico, the Great 

12 Lakes, and lakes, estuaries, and bays directly con13 nected to those bodies of water, from the damaging 

14 impacts of climate change and other factors contribVerDate Sep 11 2014 00:26 Feb 12, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3624.IS S3624

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1 uting to the vulnerability of coastal communities and 

2 ecosystems; 

3 (2) the protection and restoration of shores, 

4 and of the banks of rivers and streams, from erosion 

5 and other damaging forces exacerbated by climate 

6 change shall be restored to a primary mission of the 

7 Corps of Engineers in carrying out water resources 

8 development projects; 

9 (3) projects and measures for the protection 

10 and restoration of shores, and of the banks of rivers 

11 and streams, shall be formulated to increase the re12 silience of such shores, and of such banks, from the 

13 damaging impacts of climate change and other fac14 tors contributing to the vulnerability of coastal and 

15 riverine communities and ecosystems using measures 

16 described in section 1184(a) of the Water Resources 

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

18 the maximum extent practicable; and 

19 (4) periodic nourishment shall be provided, in 

20 accordance with subsection (c) of the first section of 

21 the Act of August 13, 1946 (60 Stat. 1056, chapter 

22 960; 33 U.S.C. 426e(c)), and subject to section 156 

23 of the Water Resources Development Act of 1976 

24 (42 U.S.C. 1962d–5f), for projects and measures 

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1 ing the resilience of ecosystems to the same extent 

2 as periodic nourishment is provided for projects and 

3 measures carried out for the purpose of coastal 

4 storm risk management. 

5 (b) SHORELINE AND RIVERINE PROTECTION AND

6 RESTORATION.— 

7 (1) IN GENERAL.—Section 212 of the Water 

8 Resources Development Act of 1999 (33 U.S.C. 

9 2332) is amended— 

10 (A) in the section heading, by striking 

11 ‘‘FLOOD MITIGATION AND RIVERINE RES12 TORATION PROGRAM’’ and inserting 

13 ‘‘SHORELINE AND RIVERINE PROTECTION

14 AND RESTORATION’’; 

15 (B) in subsection (a)— 

16 (i) by striking ‘‘undertake a program 

17 for the purpose of conducting’’ and insert18 ing ‘‘carry out’’; 

19 (ii) by striking ‘‘to reduce flood haz20 ards’’ and inserting ‘‘to reduce erosion and 

21 flood and coastal storm hazards’’; and 

22 (iii) by inserting ‘‘and shorelines’’ 

23 after ‘‘rivers’’; 

24 (C) in subsection (b)— 

25 (i) in paragraph (1)— 


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1 (I) by striking ‘‘In carrying out 

2 the program, the’’ and inserting 

3 ‘‘The’’; 

4 (II) by inserting ‘‘and coastal 

5 storm’’ after ‘‘flood’’; and 

6 (III) by inserting ‘‘erosion miti7 gation,’’ after ‘‘reduction,’’; 

8 (ii) in paragraph (3), by striking 

9 ‘‘flood damages’’ and inserting ‘‘flood and 

10 coastal storm damages, including the use 

11 of measures described in section 1184(a) 

12 of the Water Resources Development Act 

13 of 2016 (33 U.S.C. 2289a(a))’’; and 

14 (iii) in paragraph (4)— 

15 (I) by inserting ‘‘and coastal 

16 storm’’ after ‘‘flood’’; 

17 (II) by inserting ‘‘, shoreline,’’ 

18 after ‘‘riverine’’; and 

19 (III) by inserting ‘‘and coastal 

20 barriers’’ after ‘‘floodplains’’; 

21 (D) in subsection (c)— 

22 (i) by striking paragraph (1) and in23 serting the following: 

24 ‘‘(1) STUDIES.—The non-Federal share of the 

25 cost of a study under this section shall be— 


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1 ‘‘(A) 20 percent; and 

2 ‘‘(B) 10 percent, in the case of a study 

3 benefitting an economically disadvantaged com4 munity (as defined pursuant to section 160 of 

5 the Water Resources Development Act of 2020 

6 (33 U.S.C. 2201 note; Public Law 116–260)).’’; 

7 and 

8 (ii) in paragraph (2)— 

9 (I) in the paragraph heading, by 

10 striking ‘‘FLOOD CONTROL’’; and 

11 (II) by striking subparagraph (A) 

12 and inserting the following: 

13 ‘‘(A) IN GENERAL.—Design and construc14 tion of a nonstructural measure or project, a 

15 measure or project described in section 1184(a) 

16 of the Water Resources Development Act of 

17 2016 (33 U.S.C. 2289a(a)), or for a measure or 

18 project for environmental restoration, shall be 

19 subject to cost sharing in accordance with sec20 tion 103(b) of the Water Resources Develop21 ment Act of 1986 (33 U.S.C. 2213(b)).’’; and 

22 (iii) in paragraph (3)— 

23 (I) in the paragraph heading, by 

24 inserting ‘‘OR HURRICANE AND STORM


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1 DAMAGE REDUCTION’’ after ‘‘FLOOD

2 CONTROL’’; 

3 (II) by inserting ‘‘or hurricane 

4 and storm damage reduction’’ after 

5 ‘‘flood control’’; and 

6 (III) by striking ‘‘section 103(a) 

7 of the Water Resources Development 

8 Act of 1986 (33 U.S.C. 2213(a))’’ 

9 and inserting ‘‘section 103 of the 

10 Water Resources Development Act of 

11 1986 (33 U.S.C. 2213), except that 

12 the non-Federal share of the cost to 

13 design and construct a project benefit14 ting an economically disadvantaged 

15 community (as defined pursuant to 

16 section 160 of the Water Resources 

17 Development Act of 2020 (33 U.S.C. 

18 2201 note; Public Law 116–260)) 

19 shall be 10 percent’’; 

20 (E) in subsection (d)— 

21 (i) by striking paragraph (2); 

22 (ii) by striking the subsection designa23 tion and heading and all that follows 

24 through ‘‘Notwithstanding’’ in paragraph 


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1 (1) in the matter preceding subparagraph 

2 (A) and inserting the following: 

3 ‘‘(d) PROJECT JUSTIFICATION.—Notwithstanding’’; 

4 (iii) by redesignating subparagraphs 

5 (A) through (C) as paragraphs (1) through 

6 (3), respectively, and indenting appro7 priately; and 

8 (iv) in paragraph (1) (as so redesig9 nated), by striking ‘‘flood damages’’ and 

10 inserting ‘‘flood, coastal storm, or erosion 

11 damages’’; 

12 (F) in subsection (e)— 

13 (i) by redesignating paragraphs (1) 

14 through (33) as subparagraphs (A) 

15 through (GG), respectively, and indenting 

16 appropriately; 

17 (ii) in the matter preceding subpara18 graph (A) (as so redesignated), by striking 

19 ‘‘In carrying out’’ and inserting the fol20 lowing: 

21 ‘‘(1) IN GENERAL.—In carrying out’’; and 

22 (iii) by adding at the end the fol23 lowing: 

24 ‘‘(2) PRIORITY PROJECTS.—In carrying out this 

25 section after the date of enactment of the Shoreline 


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1 Health Oversight, Restoration, Resilience, and En2 hancement Act, the Secretary shall prioritize 

3 projects for the following locations: 

4 ‘‘(A) Delaware Bay Beaches, Delaware. 

5 ‘‘(B) Louisiana Coastal Area, Louisiana. 

6 ‘‘(C) Great Lakes Shores and Watersheds. 

7 ‘‘(D) Oregon Coastal Area, Oregon. 

8 ‘‘(E) Upper Missouri River Basin. 

9 ‘‘(F) Kanawha River Basin, West Virginia. 

10 ‘‘(G) Any additional locations, as deter11 mined annually by the Secretary.’’; 

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

13 (H) by redesignating subsection (h) as 

14 subsection (f); and 

15 (I) in subsection (f) (as so redesignated), 

16 by striking paragraph (2) and inserting the fol17 lowing: 

18 ‘‘(2) PROJECTS REQUIRING SPECIFIC AUTHOR19 IZATION.—The Secretary shall not carry out a 

20 project until Congress enacts a law authorizing the 

21 Secretary to carry out the project, if the Federal 

22 share of the cost to design and construct the project 

23 exceeds— 

24 ‘‘(A) $26,000,000, in the case of a project 

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1 munity (as defined pursuant to section 160 of 

2 the Water Resources Development Act of 2020 

3 (33 U.S.C. 2201 note; Public Law 116–260)); 

4 ‘‘(B) $23,000,000, in the case of a project 

5 other than a project benefitting an economically 

6 disadvantaged community (as so defined) 

7 that— 

8 ‘‘(i) is for purposes of environmental 

9 restoration; or 

10 ‘‘(ii) derives not less than 50 percent 

11 of the erosion, flood, or coastal storm risk 

12 reduction benefits from nonstructural 

13 measures or measures described in section 

14 1184(a) of the Water Resources Develop15 ment Act of 2016 (33 U.S.C. 2289a(a)); or 

16 ‘‘(C) $18,500,000, for a project other than 

17 a project described in subparagraph (A) or 

18 (B).’’. 

19 (2) CLERICAL AMENDMENT.—The table of con20 tents in section 1(b) of the Water Resources Devel21 opment Act of 1999 (113 Stat. 269) is amended by 

22 striking the item relating to section 212 and insert23 ing the following: 

‘‘Sec. 212. Shoreline and riverine protection and restoration.’’. 


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1 SEC. 4. PROJECT AUTHORIZATIONS. 

2 (a) IN GENERAL.—The following projects for water 

3 resources development and conservation and other pur4 poses, as identified in the reports titled ‘‘Report to Con5 gress on Future Water Resources Development’’ sub6 mitted to Congress pursuant to section 7001 of the Water 

7 Resources Reform and Development Act of 2014 (33 

8 U.S.C. 2282d) or otherwise reviewed by Congress, are au9 thorized to be carried out by the Secretary substantially 

10 in accordance with the plans, and subject to the condi11 tions, described in the respective reports or decision docu12 ments designated in this section: 

13 (1) COASTAL STORM RISK MANAGEMENT.— 

A. 

State B. Name 

C. Date of 

Report or 

Decision 

Document 

D. Estimated Costs 

1. CT Fairfield and New 

Haven Counties 

January 19, 

2021 

Federal: $86,542,000 

Non-Federal: $46,599,000 

Total: $133,141,000 

2. PR San Juan Metro September 

16, 2021 

Federal: $237,885,000 

Non-Federal: $127,306,000 

Total: $365,190,000 

3. FL Florida Keys, 

Monroe County 

September 

24, 2021 

Federal: $1,367,250,000 

Non-Federal: $736,212,000 

Total: $2,103,462,000 

4. FL Okaloosa County October 7, 

2021 

Federal: $19,822,000 

Non-Federal: $11,535,000 

Total: $31,357,000 

5. SC Folly Beach October 26, 

2021 

Federal: $45,490,000 

Non-Federal: $5,054,000 

Total: $50,544,000 


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A. 

State B. Name 

C. Date of 

Report or 

Decision 

Document 

D. Estimated Costs 

6. FL Pinellas County October 29, 

2021 

Federal: $8,627,000 

Non-Federal: $5,332,000 

Total: $13,959,000 

7. NY South Shore of 

Staten Island, 

Fort Wadsworth to Oakwood Beach 

October 27, 

2016 

Federal: $371,310,000 

Non-Federal: $199,940,000 

Total: $571,250,000 

8. LA Upper Barataria 

Basin 

January 28, 

2022 

Federal: $1,005,000,750 

Non-Federal: $541,154,250 

Total: $1,546,155,000 

1 (2) ECOSYSTEM RESTORATION.— 

A. 

State B. Name 

C. Date of 

Report or 

Decision 

Document 

D. Estimated Costs 

1. CA Prado Basin Ecosystem Restoration, San 

Bernardino, 

Riverside and 

Orange Counties 

April 22, 

2021 

Federal: $29,838,000 

Non-Federal: $16,066,000 

Total: $45,904,000 

2 (3) COASTAL STORM RISK MANAGEMENT AND

3 ECOSYSTEM RESTORATION.— 

A. 

State B. Name 

C. Date of 

Report or 

Decision 

Document 

D. Estimated Costs 

1. TX Coastal Texas 

Protection and 

Restoration 

Feasibility 

Study 

September 

16, 2021 

Federal: $17,978,202,000 

Non-Federal: 

$10,894,929,000 

Total: $28,873,131,000 


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1 (4) MODIFICATIONS AND OTHER PROJECTS.— 

A. 

State B. Name 

C. Date of 

Report or 

Decision 

Document 

D. Estimated Costs 

1. LA Lake Pontchartrain and 

Vicinity 

December 

16, 2021 

Federal: $807,000,000 

Non-Federal: $434,000,000 

Total: $1,240,000,000 

2. LA West Bank and 

Vicinity 

December 

17, 2021 

Federal: $431,000,000 

Non-Federal: $232,000,000 

Total: $663,000,000 

2 SEC. 5. MODIFICATIONS. 

3 (a) MISSISSIPPI RIVER GULF OUTLET, LOUISIANA.— 

4 The Secretary shall carry out the project for ecosystem 

5 restoration, Mississippi River Gulf Outlet, Louisiana, au6 thorized by section 7013(a)(4) of the Water Resources De7 velopment Act of 2007 (121 Stat. 1281), at full Federal 

8 expense. 

9 (b) GREAT LAKES AND MISSISSIPPI RIVER

10 INTERBASIN PROJECT, BRANDON ROAD, WILL COUNTY, 

11 ILLINOIS.—Section 402(a)(1) of the Water Resources De12 velopment Act of 2020 (134 Stat. 2742) is amended by 

13 striking ‘‘80 percent’’ and inserting ‘‘100 percent’’. 

14 (c) LOWER MISSISSIPPI RIVER COMPREHENSIVE

15 MANAGEMENT STUDY.—Section 213 of the Water Re16 sources Development Act of 2020 (134 Stat. 2687) is 

17 amended by adding at the end the following: 


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1 ‘‘(j) COST SHARE.—The Secretary shall carry out the 

2 comprehensive study described in subsection (a), and any 

3 feasibility study described in subsection (e), at full Federal 

4 expense.’’. 

5 SEC. 6. REAUTHORIZATION OF CERTAIN BEACH NOURISH6 MENT PROJECTS. 

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

8 continue periodic nourishment for the following projects 

9 for coastal storm risk management for an additional pe10 riod of 50 years: 

11 (1) Delaware Coast Protection, Delaware (com12 monly known as the ‘‘Indian River Inlet Sand By13 pass Plant’’), authorized by section 869 of the 

14 Water Resources Development Act of 1986 (100 

15 Stat. 4182). 

16 (2) Segment II, Broward County, Florida, au17 thorized by section 301 of the River and Harbor Act 

18 of 1965 (79 Stat. 1090). 

19 (3) Segment III, Broward County, Florida, au20 thorized by section 301 of the River and Harbor Act 

21 of 1965 (79 Stat. 1090). 

22 (4) Dade County, Florida, authorized by section 

23 203 of the Flood Control Act of 1968 (82 Stat. 

24 740). 


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1 (5) Duval County, Florida, authorized by sec2 tion 203 of the Flood Control Act of 1968 (82 Stat. 

3 740). 

4 (6) Tybee Island, Georgia, authorized by section 

5 201 of the Flood Control Act of 1965 (42 U.S.C. 

6 1962d–5). 

7 (7) Delray Beach segment, Palm Beach Coun8 ty, Florida, authorized by section 101 of the River 

9 and Harbor Act of 1962 (76 Stat. 1177). 

10 (b) TIMING.—The additional 50 years provided for 

11 a project under subsection (a) shall begin on the date of 

12 expiration of the final period of periodic nourishment for 

13 the project authorized prior to the date of enactment of 

14 this Act. 

15 (c) SPECIAL RULE.—For purposes of the project de16 scribed in subsection (a)(1), periodic nourishment shall in17 clude reimbursement of the Federal share of the cost to 

18 the non-Federal interest for the project to operate and 

19 maintain a sand bypass plant. 

20 SEC. 7. SPECIAL RULE FOR CERTAIN BEACH NOURISH21 MENT PROJECTS. 

22 (a) IN GENERAL.—In the case of a water resources 

23 development project described in subsection (b), the Sec24 retary shall— 


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1 (1) fund, at full Federal expense, any incre2 mental increase in cost to the project that results 

3 from a legal requirement to use a borrow source de4 termined by the Secretary to be other than the least5 cost option; and 

6 (2) exclude the cost described in paragraph (1) 

7 from the cost-benefit analysis for the project. 

8 (b) AUTHORIZED WATER RESOURCES DEVELOP9 MENT PROJECTS DESCRIBED.—An authorized water re10 sources development project referred to in subsection (a) 

11 is any of the following: 

12 (1) The Townsends Inlet to Cape May Inlet, 

13 New Jersey, coastal storm risk management project, 

14 authorized by section 101(a)(26) of the Water Re15 sources Development Act of 1999 (113 Stat. 278). 

16 (2) The Folly Beach, South Carolina, coastal 

17 storm risk management project, authorized by sec18 tion 501(a) of the Water Resources Development 

19 Act of 1986 (100 Stat. 4136) and modified by sec20 tion 108 of the Energy and Water Development Ap21 propriations Act, 1992 (105 Stat. 520). 

22 (3) The Carolina Beach and Vicinity, North 

23 Carolina, coastal storm risk management project, 

24 authorized by section 203 of the Flood Control Act 

25 of 1962 (76 Stat. 1182) and modified by section 


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1 401(7) of the Water Resources Development Act of 

2 2020 (134 Stat. 2741). 

3 (4) The Wrightsville Beach, North Carolina, 

4 coastal storm risk management project, authorized 

5 by section 203 of the Flood Control Act of 1962 (76 

6 Stat. 1182) and modified by section 401(7) of the 

7 Water Resources Development Act of 2020 (134 

8 Stat. 2741). 

9 (5) A project for coastal storm risk manage10 ment for any shore included in a project described 

11 in this subsection that is specifically authorized by 

12 Congress on or after the date of enactment of this 

13 Act. 

14 (6) Emergency repair and restoration of any 

15 project described in this subsection under section 5 

16 of the Act of August 18, 1941 (commonly known as 

17 the ‘‘Flood Control Act of 1941’’) (55 Stat. 650, 

18 chapter 377; 33 U.S.C. 701n). 

19 SEC. 8. PROTECTION AND RESTORATION OF OTHER FED20 ERAL LAND ALONG RIVERS AND COASTS. 

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

22 funds made available to the Secretary for water resources 

23 development purposes to carry out, at full Federal ex24 pense, a measure located on, or benefitting, Federal land 


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1 under the administrative jurisdiction of another Federal 

2 agency, if the measure— 

3 (1)(A) is for purposes of ecosystem restoration 

4 or the protection and restoration of shores; and 

5 (B)(i) utilizes dredged material from a water 

6 resources development project beneficially; or 

7 (ii) is included in a report of the Chief of Engi8 neers or other decision document for a water re9 sources development project that is specifically au10 thorized by Congress; 

11 (2) is for purposes of mitigation of damages to 

12 Federal land caused by a water resources develop13 ment project operated and maintained by the Sec14 retary; or 

15 (3) is for purposes of mitigating damages to 

16 fish and wildlife resources resulting from a water re17 sources development project. 

18 (b) APPLICABILITY.—This section shall apply to a 

19 measure for which construction is initiated after the date 

20 of enactment of this Act. 

21 (c) SAVINGS PROVISION.—Nothing in this section 

22 precludes a Federal agency with administrative jurisdic23 tion over Federal land from contributing funds for any 

24 portion of the cost of a measure described in subsection 

25 (a) that is located on, or benefitting, that land. 


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1 (d) REPEAL.— 

2 (1) IN GENERAL.—Section 1025 of the Water 

3 Resources Reform and Development Act of 2014 (33 

4 U.S.C. 2226) is repealed. 

5 (2) CONFORMING AMENDMENT.—The table of 

6 contents in section 1(b) of the Water Resources Re7 form and Development Act of 2014 (128 Stat. 

8 1193) is amended by striking the item relating to 

9 section 1025. 

10 SEC. 9. FLOOD AND COASTAL STORM RISK MANAGEMENT 

11 FEASIBILITY STUDIES. 

12 In carrying out a feasibility study for flood or coastal 

13 storm risk management, the Secretary, at the request of 

14 the non-Federal interest for the study, shall formulate al15 ternatives to maximize net benefits from the reduction of 

16 the comprehensive flood risk that results from the isolated 

17 and compound effects of— 

18 (1) a riverine discharge of any magnitude or 

19 frequency; 

20 (2) inundation, wave attack, and erosion coin21 ciding with a hurricane or coastal storm; 

22 (3) a tide of any magnitude or frequency; 

23 (4) a rainfall event of any magnitude or fre24 quency; 

25 (5) seasonal variation in water levels; 


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1 (6) groundwater emergence; 

2 (7) sea level rise; 

3 (8) subsidence; and 

4 (9) any other driver of flood risk affecting the 

5 study area. 

6 SEC. 10. CREDIT IN LIEU OF REIMBURSEMENT. 

7 (a) IN GENERAL.—Section 1022 of the Water Re8 sources Reform and Development Act of 2014 (33 U.S.C. 

9 2225) is amended— 

10 (1) in subsection (a)— 

11 (A) by striking ‘‘or’’ before ‘‘an authorized 

12 coastal navigation project’’; 

13 (B) by inserting ‘‘or any other water re14 sources development project for which the Sec15 retary is authorized to reimburse the non-Fed16 eral interest for the Federal share of construc17 tion or operation and maintenance,’’ before 

18 ‘‘the Secretary’’; and 

19 (C) by striking ‘‘of the project’’ and insert20 ing ‘‘to construct, periodically nourish, or oper21 ate and maintain the project’’; 

22 (2) in each of subsections (b) and (c), by strik23 ing ‘‘flood damage reduction and coastal navigation’’ 

24 each place it appears and inserting ‘‘water resources 

25 development’’; and 


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

2 ‘‘(d) APPLICABILITY.—With respect to a project con3 structed under section 204 of the Water Resources Devel4 opment Act of 1986 (33 U.S.C. 2232), the Secretary shall 

5 exercise the authority under this section to apply credits 

6 and reimbursements related to the project in a manner 

7 consistent with the requirements of subsection (d) of that 

8 section.’’. 

9 (b) TREATMENT OF CREDIT BETWEEN PROJECTS.— 

10 Section 7007(d) of the Water Resources Development Act 

11 of 2007 (121 Stat. 1277; 128 Stat. 1226) is amended by 

12 inserting ‘‘, or may be applied to reduce the amounts re13 quired to be paid by the non-Federal interest under the 

14 terms of the deferred payment agreements entered into 

15 between the Secretary and the non-Federal interest for the 

16 projects authorized by section 7012(a)(1)’’ before the pe17 riod at the end. 

18 SEC. 11. COASTAL COST CALCULATIONS. 

19 Section 152(a) of the Water Resources Development 

20 Act of 2020 (33 U.S.C. 2213a(a)) is amended by inserting 

21 ‘‘or coastal storm risk management’’ after ‘‘flood risk 

22 management’’. 


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1 SEC. 12. ADVANCE PAYMENT IN LIEU OF REIMBURSEMENT 

2 FOR CERTAIN FEDERAL COSTS. 

3 The Secretary is authorized to provide in advance to 

4 the non-Federal interest the Federal share of funds re5 quired for the acquisition of land, easements, and rights6 of-way and the performance of relocations for a project 

7 or separable element— 

8 (1) authorized to be constructed at full Federal 

9 expense; or 

10 (2) described in section 103(b)(2) of the Water 

11 Resources Development Act of 1986 (33 U.S.C. 

12 2213(b)(2)). 

13 SEC. 13. COST SHARING FOR NONSTRUCTURAL PROJECTS. 

14 (a) IN GENERAL.—Section 103(b) of the Water Re15 sources Development Act of 1986 (33 U.S.C. 2213(b)) is 

16 amended— 

17 (1) in paragraph (1)— 

18 (A) in the first sentence, by striking ‘‘The’’ 

19 and inserting ‘‘Except as provided in paragraph 

20 (3), the’’; and 

21 (B) by striking ‘‘35 percent’’ each place it 

22 appears and inserting ‘‘20 percent’’; 

23 (2) in paragraph (2)— 

24 (A) in the paragraph heading, by striking 

25 ‘‘35 PERCENT’’ and inserting ‘‘REQUIRED NON26 FEDERAL SHARE’’; 


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1 (B) by striking ‘‘At any time’’ and insert2 ing ‘‘Except as provided in paragraph (3), at 

3 any time’’; 

4 (C) by striking ‘‘35 percent’’ and inserting 

5 ‘‘20 percent (or 10 percent, in the case of a 

6 measure described in paragraph (3))’’; and 

7 (D) by striking ‘‘65 percent’’ and inserting 

8 ‘‘80 percent (or 90 percent, in the case of a 

9 measure described in paragraph (3))’’; and 

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

11 ‘‘(3) CERTAIN PROJECTS.—The non-Federal 

12 share of the cost of a measure described in para13 graph (1) that benefits an economically disadvan14 taged community (as defined pursuant to section 

15 160 of the Water Resources Development Act of 

16 2020 (33 U.S.C. 2201 note; Public Law 116–260)) 

17 shall be 10 percent.’’. 

18 (b) APPLICATION.—The amendments made by sub19 section (a) shall apply to— 

20 (1) any project that is authorized on or after 

21 the date of enactment of this Act; and 

22 (2) any project that is not specifically author23 ized by Congress, for which— 

24 (A) a Detailed Project Report is approved 

25 after the date of enactment of this Act; or 


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1 (B) in the case of a project for which no 

2 Detailed Project Report is prepared, construc3 tion is initiated after the date of enactment of 

4 this Act. 

5 SEC. 14. COASTAL COMMUNITY FLOOD CONTROL AND 

6 OTHER PURPOSES. 

7 Section 103(k)(4) of the Water Resources Develop8 ment Act of 1986 (33 U.S.C. 2213(k)(4)) is amended— 

9 (1) by redesignating subparagraphs (A) and 

10 (B) as clauses (i) and (ii), respectively, and indent11 ing appropriately; 

12 (2) in the matter preceding clause (i) (as so re13 designated), by striking ‘‘Notwithstanding’’ and in14 serting the following: 

15 ‘‘(A) IN GENERAL.—Notwithstanding’’; 

16 (3) in subparagraph (A) (as so redesignated)— 

17 (A) in clause (i) (as so redesignated)— 

18 (i) by striking ‘‘$200 million’’ and in19 serting ‘‘$200,000,000’’; and 

20 (ii) by striking ‘‘and’’ at the end; 

21 (B) in clause (ii) (as so redesignated)— 

22 (i) by inserting ‘‘an amount equal to 

2 23 ⁄3 of’’ after ‘‘repays’’; and 

24 (ii) by striking the period at the end 

25 and inserting ‘‘; and’’; and 


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

2 ‘‘(iii) the non-Federal interest repays 

3 the balance of remaining principal by June 

4 1, 2032.’’; and 

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

6 ‘‘(B) REPAYMENT OPTIONS.—Repayment 

7 of a non-Federal contribution under subpara8 graph (A)(iii) may be satisfied through the pro9 vision by the non-Federal interest of fish and 

10 wildlife mitigation for one or more projects or 

11 separable elements, if the Secretary determines 

12 that— 

13 ‘‘(i) the non-Federal interest has in14 curred costs for the provision of mitigation 

15 that— 

16 ‘‘(I) equal or exceed the amount 

17 of the required repayment; and 

18 ‘‘(II) are in excess of any re19 quired non-Federal contribution for 

20 the project or separable element for 

21 which the mitigation is provided; and 

22 ‘‘(ii) the mitigation is integral to the 

23 project for which it is provided.’’. 


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1 SEC. 15. PORT FOURCHON, LOUISIANA, DREDGED MATE2 RIAL DISPOSAL PLAN. 

3 The Secretary shall determine that the dredged mate4 rial disposal plan recommended in the document entitled 

5 ‘‘Port Fourchon Belle Pass Channel Deepening Project 

6 Section 203 Feasibility Study (January 2019, revised 

7 January 2020)’’ is the least cost, environmentally accept8 able dredged material disposal plan for the project for 

9 navigation, Port Fourchon Belle Passe Channel, Lou10 isiana, authorized by section 403(a)(4) of the Water Re11 sources Development Act of 2020 (134 Stat. 2743). 

12 SEC. 16. DELAWARE SHORE PROTECTION AND RESTORA13 TION. 

14 (a) DELAWARE BENEFICIAL USE OF DREDGED MA15 TERIAL FOR THE DELAWARE RIVER, DELAWARE.— 

16 (1) IN GENERAL.—The project for coastal 

17 storm risk management, Delaware Beneficial Use of 

18 Dredged Material for the Delaware River, Delaware, 

19 authorized by section 401(3) of the Water Resources 

20 Development Act of 2020 (134 Stat. 2736) (referred 

21 to in this subsection as the ‘‘project’’), is modified— 

22 (A) to direct the Secretary to implement 

23 the project using alternative borrow sources to 

24 the Delaware River, Philadelphia to the Sea, 

25 project, Delaware, New Jersey, Pennsylvania, 

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1 ter 382, 36 Stat. 637; 46 Stat. 921; 52 Stat. 

2 803; 59 Stat. 14; 68 Stat. 1249; 72 Stat. 297); 

3 and 

4 (B) until the Secretary implements the 

5 modification under subparagraph (A), to au6 thorize the Secretary, at the request of a non7 Federal interest, to carry out initial construc8 tion or periodic nourishments at any site in9 cluded in the project under— 

10 (i) section 1122 of the Water Re11 sources Development Act of 2016 (33 

12 U.S.C. 2326 note; Public Law 114–322); 

13 or 

14 (ii) section 204(d) of the Water Re15 sources Development Act of 1992 (33 

16 U.S.C. 2326(d)). 

17 (2) TREATMENT.—If the Secretary determines 

18 that a study is required to carry out paragraph 

19 (1)(A), the study shall be considered to be a con20 tinuation of the study that formulated the project. 

21 (b) INDIAN RIVER INLET SAND BYPASS PLANT, 

22 DELAWARE.— 

23 (1) IN GENERAL.—The Indian River Inlet Sand 

24 Bypass Plant, Delaware, coastal storm risk manage25 ment project (referred to in this subsection as the 


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1 ‘‘project’’), authorized by section 869 of the Water 

2 Resources Development Act of 1986 (100 Stat. 

3 4182), is modified to authorize the Secretary, at the 

4 request of a non-Federal interest, to provide periodic 

5 nourishment through dedicated dredging or other 

6 means to maintain or restore the functioning of the 

7 project when— 

8 (A) the sand bypass plant is inoperative; or 

9 (B) operation of the sand bypass plant is 

10 insufficient to maintain the functioning of the 

11 project. 

12 (2) REQUIREMENTS.—A cycle of periodic nour13 ishment provided pursuant to paragraph (1) shall be 

14 subject to the following requirements: 

15 (A) COST SHARE.—The non-Federal share 

16 of the cost of a cycle shall be the same percent17 age as the non-Federal share of the cost to op18 erate the sand bypass plant. 

19 (B) DECISION DOCUMENT.—If the Sec20 retary determines that a decision document is 

21 required to support a request for funding for 

22 the Federal share of a cycle, the decision docu23 ment may be prepared using funds made avail24 able to the Secretary for construction or for in25 vestigations. 


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1 (C) TREATMENT.— 

2 (i) DECISION DOCUMENT.—A decision 

3 document prepared under subparagraph 

4 (B) shall not be subject to a new invest5 ment determination. 

6 (ii) CYCLES.—A cycle shall be consid7 ered continuing construction. 

8 (c) DELAWARE EMERGENCY SHORE RESTORA9 TION.— 

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

11 to construct, repair, or restore a federally authorized 

12 hurricane or shore protective structure or project lo13 cated in the State of Delaware pursuant to section 

14 5(a) of the Act of August 18, 1941 (commonly 

15 known as the ‘‘Flood Control Act of 1941’’) (55 

16 Stat. 650, chapter 377; 33 U.S.C. 701n(a)), if— 

17 (A) the structure, project, or shore is dam18 aged by wind, wave, or water action associated 

19 with a storm of any magnitude; and 

20 (B) the damage prevents the adequate 

21 functioning of the structure, project, or shore. 

22 (2) BENEFIT-COST ANALYSIS.—The Secretary 

23 shall determine that the benefits attributable to the 

24 objectives set forth in section 209 of the Flood Con25 trol Act of 1970 (42 U.S.C. 1962–2) and section 


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1 904(a) of the Water Resources Development Act of 

2 1986 (33 U.S.C. 2281(a)) exceed the cost for work 

3 carried out under this subsection. 

4 (3) SAVINGS PROVISION.—The authority pro5 vided by this subsection shall be in addition to any 

6 authority provided by section 5(a) of the Act of Au7 gust 18, 1941 (commonly known as the ‘‘Flood Con8 trol Act of 1941’’) (55 Stat. 650, chapter 377; 33 

9 U.S.C. 701n(a)) to repair or restore a federally au10 thorized hurricane or shore protection structure or 

11 project located in the State of Delaware damaged or 

12 destroyed by wind, wave, or water action of other 

13 than an ordinary nature. 

14 (d) INDIAN RIVER INLET AND BAY, DELAWARE.— 

15 In carrying out major maintenance of the project for navi16 gation, Indian River Inlet and Bay, Delaware, authorized 

17 by the Act of August 26, 1937 (50 Stat. 846, chapter 

18 832), and section 2 of the Act of March 2, 1945 (59 Stat. 

19 14, chapter 19), the Secretary shall repair, restore, or re20 locate any non-Federal facility or other infrastructure, 

21 that has been damaged, in whole or in part, by the deterio22 ration or failure of the project. 

23 (e) REPROGRAMMING FOR COASTAL STORM RISK

24 MANAGEMENT PROJECT AT INDIAN RIVER INLET.— 


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1 (1) IN GENERAL.—Notwithstanding any other 

2 provision of law, for each fiscal year, the Secretary 

3 may reprogram amounts made available for a coastal 

4 storm risk management project to use such amounts 

5 for the project for coastal storm risk management, 

6 Indian River Inlet Sand Bypass Plant, Delaware, 

7 authorized by section 869 of the Water Resources 

8 Development Act of 1986 (100 Stat. 4182). 

9 (2) LIMITATIONS.— 

10 (A) IN GENERAL.—The Secretary may 

11 carry out not more than 2 reprogramming ac12 tions under paragraph (1) for each fiscal year. 

13 (B) AMOUNT.—For each fiscal year, the 

14 Secretary may reprogram— 

15 (i) not more than $100,000 per re16 programming action; and 

17 (ii) not more than $200,000 for each 

18 fiscal year. 

19 SEC. 17. GREAT LAKES ADVANCE MEASURES ASSISTANCE. 

20 The following requirements shall apply to the provi21 sion of advance measures assistance under section 5(a) of 

22 the Act of August 18, 1941 (commonly known as the 

23 ‘‘Flood Control Act of 1941’’) (55 Stat. 650, chapter 377; 

24 33 U.S.C. 701n(a)), in the Great Lakes Region: 


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1 (1) The Secretary shall not deny a request from 

2 the Governor of a State to provide advance measures 

3 assistance to reduce the risk of damage from rising 

4 water levels in the Great Lakes solely on the basis 

5 that the damage is caused by erosion. 

6 (2) Advance measures assistance provided by 

7 the Secretary to reduce the risk of damage from ris8 ing water levels in the Great Lakes shall be provided 

9 at full Federal expense. 

10 SEC. 18. FORECASTING MODELS FOR THE GREAT LAKES. 

11 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to the Secretary for the 

13 Engineer Research and Development Center to complete 

14 and maintain a model suite to forecast water levels, ac15 count for lake level variability, and account for the impacts 

16 of climate change in the Great Lakes— 

17 (1) $10,000,000 to complete the model suite; 

18 and 

19 (2) $250,000 for each fiscal year following the 

20 fiscal year during which the model suite is com21 pleted, for maintenance of the model suite. 

22 (b) SAVINGS PROVISION.—Nothing in this section 

23 precludes the Secretary from using funds made available 

24 under the Great Lakes Restoration Initiative established 

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1 trol Act (33 U.S.C. 1268(c)(7)) for activities described in 

2 subsection (a), if funds are not appropriated for those ac3 tivities pursuant to subsection (a). 

4 SEC. 19. CHATTAHOOCHEE RIVER PROGRAM. 

5 (a) ESTABLISHMENT.— 

6 (1) IN GENERAL.—The Secretary shall establish 

7 a program to provide environmental assistance to 

8 non-Federal interests in the Chattahoochee River 

9 Basin. 

10 (2) FORM.—The assistance under paragraph 

11 (1) shall be in the form of design and construction 

12 assistance for water-related resource protection and 

13 restoration projects affecting the Chattahoochee 

14 River Basin, based on the comprehensive plan under 

15 subsection (b), including projects for— 

16 (A) sediment and erosion control; 

17 (B) protection of eroding shorelines; 

18 (C) ecosystem restoration, including res19 toration of submerged aquatic vegetation; 

20 (D) protection of essential public works; 

21 (E) beneficial uses of dredged material; 

22 and 

23 (F) other related projects that may en24 hance the living resources of the Chattahoochee 

25 River Basin. 


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1 (b) COMPREHENSIVE PLAN.— 

2 (1) IN GENERAL.—Not later than 2 years after 

3 the date of enactment of this Act, the Secretary, in 

4 cooperation with State and local governmental offi5 cials and affected stakeholders, shall develop a com6 prehensive Chattahoochee River Basin restoration 

7 plan to guide the implementation of projects under 

8 subsection (a)(2). 

9 (2) COORDINATION.—The restoration plan de10 scribed in paragraph (1) shall, to the maximum ex11 tent practicable, consider and avoid duplication of 

12 any ongoing or planned actions of other Federal, 

13 State, and local agencies and nongovernmental orga14 nizations. 

15 (3) PRIORITIZATION.—The restoration plan de16 scribed in paragraph (1) shall give priority to 

17 projects eligible under subsection (a)(2) that will 

18 also improve water quality or quantity or use nat19 ural hydrological features and systems. 

20 (c) AGREEMENT.— 

21 (1) IN GENERAL.—Before providing assistance 

22 under this section, the Secretary shall enter into an 

23 agreement with a non-Federal interest for the design 

24 and construction of a project carried out pursuant to 


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1 the comprehensive Chattahoochee River Basin res2 toration plan described in subsection (b). 

3 (2) REQUIREMENTS.—Each agreement entered 

4 into under this subsection shall provide for— 

5 (A) the development by the Secretary, in 

6 consultation with appropriate Federal, State, 

7 and local officials, of a resource protection and 

8 restoration plan, including appropriate engi9 neering plans and specifications and an esti10 mate of expected resource benefits; and 

11 (B) the establishment of such legal and in12 stitutional structures as are necessary to ensure 

13 the effective long-term operation and mainte14 nance of the project by the non-Federal inter15 est. 

16 (d) COST SHARING.— 

17 (1) FEDERAL SHARE.—Except as provided in 

18 paragraph (2)(B), the Federal share of the total 

19 project costs of each agreement entered into under 

20 this section shall be 80 percent. 

21 (2) NON-FEDERAL SHARE.— 

22 (A) VALUE OF LAND, EASEMENTS, 

23 RIGHTS-OF-WAY, AND RELOCATIONS.—In deter24 mining the non-Federal contribution toward 

25 carrying out an agreement entered into under 


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1 this section, the Secretary shall provide credit 

2 to a non-Federal interest for the value of land, 

3 easements, rights-of-way, and relocations pro4 vided by the non-Federal interest, except that 

5 the amount of credit provided for a project 

6 under this paragraph may not exceed 20 per7 cent of the total project costs. 

8 (B) OPERATION AND MAINTENANCE

9 COSTS.—The non-Federal share of the costs of 

10 operation and maintenance of activities carried 

11 out under an agreement under this section shall 

12 be 100 percent. 

13 (e) COOPERATION.—In carrying out this section, the 

14 Secretary shall cooperate with— 

15 (1) the heads of appropriate Federal agencies, 

16 including— 

17 (A) the Administrator of the Environ18 mental Protection Agency; 

19 (B) the Secretary of Commerce, acting 

20 through the Administrator of the National Oce21 anic and Atmospheric Administration; 

22 (C) the Secretary of the Interior, acting 

23 through the Director of the United States Fish 

24 and Wildlife Service; and 


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1 (D) the heads of such other Federal agen2 cies as the Secretary determines to be appro3 priate; and 

4 (2) agencies of a State or political subdivision 

5 of a State. 

6 (f) PROTECTION OF RESOURCES.—A project estab7 lished under this section shall be carried out using such 

8 measures as are necessary to protect environmental, his9 toric, and cultural resources. 

10 (g) PROJECT CAP.—The total cost of a project car11 ried out under this section may not exceed $15,000,000. 

12 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to carry out this section 

14 $90,000,000. 

15 SEC. 20. MISSISSIPPI RIVER MAT SINKING UNIT. 

16 The Secretary shall expedite the replacement of the 

17 Mississippi River mat sinking unit. 

18 SEC. 21. REHABILITATION OF EXISTING LEVEES. 

19 Section 3017 of the Water Resources Reform and De20 velopment Act of 2014 (33 U.S.C. 3303a note; Public Law 

21 113–121) is amended by striking subsection (e). 

Æ 


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