II 

Calendar No. 361 

117TH CONGRESS 

2D SESSION S. 4136 

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 

MAY 4, 2022 

Mr. CARPER, from the Committee on Environment and Public Works, reported the following original bill; which was read twice and placed on the 

calendar 

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 2022’’. 


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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. Definition of Secretary. 

TITLE I—GENERAL PROVISIONS 

Sec. 101. Scope of feasibility studies. 

Sec. 102. Shoreline and riverbank protection and restoration mission. 

Sec. 103. Inland waterway projects. 

Sec. 104. Protection and restoration of other Federal land along rivers and 

coasts. 

Sec. 105. Policy and technical standards. 

Sec. 106. Planning assistance to States. 

Sec. 107. Floodplain management services. 

Sec. 108. Workforce planning. 

Sec. 109. Credit in lieu of reimbursement. 

Sec. 110. Coastal cost calculations. 

Sec. 111. Advance payment in lieu of reimbursement for certain Federal costs. 

Sec. 112. Use of emergency funds. 

Sec. 113. Research and development. 

Sec. 114. Tribal and Economically Disadvantaged Communities Advisory Committee. 

Sec. 115. Non-Federal Interest Advisory Committee. 

Sec. 116. Underserved community harbor projects. 

Sec. 117. Corps of Engineers Western Water Cooperative Committee. 

Sec. 118. Updates to certain water control manuals. 

Sec. 119. Retention of recreation fees. 

Sec. 120. Relocation assistance. 

Sec. 121. Reprogramming limits. 

Sec. 122. Lease durations. 

Sec. 123. Sense of Congress relating to post-disaster repairs. 

Sec. 124. Payment of pay and allowances of certain officers from appropriation 

for improvements. 

Sec. 125. Reforestation. 

Sec. 126. Use of other Federal funds. 

Sec. 127. National low-head dam inventory. 

Sec. 128. Transfer of excess credit. 

Sec. 129. National levee restoration. 

Sec. 130. Inland waterways regional dredge pilot program. 

Sec. 131. Funding to process permits. 

Sec. 132. Non-Federal project implementation pilot program. 

Sec. 133. Cost sharing for territories and Indian Tribes. 

Sec. 134. Water supply conservation. 

Sec. 135. Criteria for funding operation and maintenance of small, remote, and 

subsistence harbors. 

Sec. 136. Protection of lighthouses. 

Sec. 137. Expediting hydropower at Corps of Engineers facilities. 

Sec. 138. Materials, services, and funds for repair, restoration, or rehabilitation 

of certain public recreation facilities. 

Sec. 139. Dredged material management plans. 

Sec. 140. Lease deviations. 

Sec. 141. Columbia River Basin flood risk management. 


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Sec. 142. Continuation of construction. 

TITLE II—STUDIES AND REPORTS 

Sec. 201. Authorization of feasibility studies. 

Sec. 202. Special rules. 

Sec. 203. Expedited completion of studies. 

Sec. 204. Studies for periodic nourishment. 

Sec. 205. NEPA reporting. 

Sec. 206. GAO audit of projects over budget or behind schedule. 

Sec. 207. GAO study on project distribution. 

Sec. 208. GAO audit of joint costs for operations and maintenance. 

Sec. 209. GAO review of Corps of Engineers mitigation practices. 

Sec. 210. Sabine–Neches Waterway Navigation Improvement project, Texas. 

Sec. 211. Great Lakes recreational boating. 

Sec. 212. Upper St. Johns River Basin, Central and Southern Florida. 

Sec. 213. Investments for recreation areas. 

Sec. 214. Western infrastructure study. 

Sec. 215. Upper Mississippi River and Illinois Waterway System. 

Sec. 216. West Virginia hydropower. 

Sec. 217. Recreation and economic development at Corps facilities in Appalachia. 

Sec. 218. Automated fee machines. 

Sec. 219. Lake Champlain Canal, Vermont and New York. 

Sec. 220. Report on concessionaire practices. 

TITLE III—DEAUTHORIZATIONS, MODIFICATIONS, AND RELATED 

PROVISIONS 

Sec. 301. Additional assistance for critical projects. 

Sec. 302. Southern West Virginia. 

Sec. 303. Northern West Virginia. 

Sec. 304. Local cooperation agreements, northern West Virginia. 

Sec. 305. Special rule for certain beach nourishment projects. 

Sec. 306. Coastal community flood control and other purposes. 

Sec. 307. Modifications. 

Sec. 308. Port Fourchon, Louisiana, dredged material disposal plan. 

Sec. 309. Delaware shore protection and restoration. 

Sec. 310. Great Lakes advance measures assistance. 

Sec. 311. Rehabilitation of existing levees. 

Sec. 312. Pilot program for certain communities. 

Sec. 313. Rehabilitation of Corps of Engineers constructed pump stations. 

Sec. 314. Chesapeake Bay environmental restoration and protection program. 

Sec. 315. Evaluation of hydrologic changes in Souris River Basin. 

Sec. 316. Memorandum of understanding relating to Baldhill Dam, North Dakota. 

Sec. 317. Upper Mississippi River restoration program. 

Sec. 318. Harmful algal bloom demonstration program. 

Sec. 319. Colleton County, South Carolina. 

Sec. 320. Arkansas River corridor, Oklahoma. 

Sec. 321. Abandoned and inactive noncoal mine restoration. 

Sec. 322. Asian carp prevention and control pilot program. 

Sec. 323. Forms of assistance. 

Sec. 324. Debris removal, New York Harbor, New York. 

Sec. 325. Invasive species management. 

Sec. 326. Wolf River Harbor, Tennessee. 


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Sec. 327. Missouri River mitigation, Missouri, Kansas, Iowa, and Nebraska. 

Sec. 328. Invasive species management pilot program. 

Sec. 329. Nueces County, Texas, conveyances. 

Sec. 330. Mississippi Delta Headwaters, Mississippi. 

Sec. 331. Ecosystem restoration, Hudson–Raritan Estuary, New York and New 

Jersey. 

Sec. 332. Timely reimbursement. 

Sec. 333. New Savannah Bluff Lock and Dam, Georgia and South Carolina. 

Sec. 334. Lake Tahoe Basin restoration, Nevada and California. 

Sec. 335. Additional assistance for Eastern Santa Clara Basin, California. 

Sec. 336. Tribal partnership program. 

Sec. 337. Surplus water contracts and water storage agreements. 

Sec. 338. Copan Lake, Oklahoma. 

Sec. 339. Enhanced development program. 

Sec. 340. Ecosystem restoration coordination. 

Sec. 341. Acequias irrigation systems. 

Sec. 342. Rogers County, Oklahoma. 

Sec. 343. Water supply storage repair, rehabilitation, and replacement costs. 

Sec. 344. Non-Federal payment flexibility. 

Sec. 345. North Padre Island, Corpus Christi Bay, Texas. 

Sec. 346. Waiver of non-Federal share of damages related to certain contract 

claims. 

Sec. 347. Algiers Canal Levees, Louisiana. 

Sec. 348. Israel River ice control project, Lancaster, New Hampshire. 

Sec. 349. City of El Dorado, Kansas. 

Sec. 350. Upper Mississippi River protection. 

Sec. 351. Regional Corps of Engineers Office, Corpus Christi, Texas. 

Sec. 352. Pilot program for good neighbor authority on Corps of Engineers 

land. 

Sec. 353. Southeast Des Moines, Southwest Pleasant Hill, Iowa. 

Sec. 354. Middle Rio Grande flood protection, Bernalillo to Belen, New Mexico. 

Sec. 355. Comprehensive Everglades Restoration Plan, Florida. 

Sec. 356. Maintenance dredging permits. 

Sec. 357. Puget Sound nearshore ecosystem restoration, Washington. 

Sec. 358. Tribal assistance. 

Sec. 359. Recreational opportunities at certain projects. 

Sec. 360. Rehabilitation of Corps of Engineers constructed dams. 

Sec. 361. South Florida Ecosystem Restoration Task Force. 

Sec. 362. New Madrid County Harbor, Missouri. 

Sec. 363. Trinity River and tributaries, Texas. 

Sec. 364. Rend Lake, Carlyle Lake, and Lake Shelbyville, Illinois. 

Sec. 365. Federal assistance. 

Sec. 366. Land transfer and trust land for Choctaw Nation of Oklahoma. 

TITLE IV—WATER RESOURCES INFRASTRUCTURE 

Sec. 401. Project authorizations. 

Sec. 402. Storm damage prevention and reduction, coastal erosion, and ice and 

glacial damage, Alaska. 

Sec. 403. Expedited completion of projects. 

Sec. 404. Special rules. 

Sec. 405. Chattahoochee River program. 

Sec. 406. Lower Mississippi River Basin demonstration program. 

Sec. 407. Forecast-informed reservoir operations. 


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Sec. 408. Mississippi River mat sinking unit. 

Sec. 409. Sense of Congress relating to Okatibbee Lake. 

1 SEC. 2. DEFINITION OF SECRETARY. 

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

4 TITLE I—GENERAL PROVISIONS 

5 SEC. 101. SCOPE OF FEASIBILITY STUDIES. 

6 (a) FLOOD AND COASTAL STORM RISK MANAGE7 MENT.—In carrying out a feasibility study for a project 

8 for flood or coastal storm risk management, the Secretary, 

9 at the request of the non-Federal interest for the study, 

10 shall formulate alternatives to maximize net benefits from 

11 the reduction of the comprehensive flood risk that is iden12 tified through a holistic evaluation of the isolated and 

13 compound effects of— 

14 (1) a riverine discharge of any magnitude or 

15 frequency; 

16 (2) inundation, wave attack, and erosion coin17 ciding with a hurricane or coastal storm; 

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

19 (4) a rainfall event of any magnitude or fre20 quency; 

21 (5) seasonal variation in water levels; 

22 (6) groundwater emergence; 

23 (7) sea level rise; 

24 (8) subsidence; or 


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

2 study area. 

3 (b) WATER SUPPLY, WATER SUPPLY CONSERVA4 TION, AND DROUGHT RISK REDUCTION.—In carrying out 

5 a feasibility study for any purpose, the Secretary, at the 

6 request of the non-Federal interest for the study, shall for7 mulate alternatives— 

8 (1) to maximize combined net benefits for the 

9 primary purpose of the study and for water supply, 

10 water supply conservation, and drought risk reduc11 tion; or 

12 (2) to include 1 or more measures for the pur13 pose of water supply, water supply conservation, or 

14 drought risk reduction. 

15 (c) COST SHARING.—All costs to carry out a feasi16 bility study in accordance with this section shall be shared 

17 in accordance with the cost share requirements otherwise 

18 applicable to the study. 

19 SEC. 102. SHORELINE AND RIVERBANK PROTECTION AND 

20 RESTORATION MISSION. 

21 (a) DECLARATION OF POLICY.—Congress declares 

22 that— 

23 (1) consistent with the civil works mission of 

24 the Corps of Engineers, it is the policy of the United 

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1 banks, and streambanks of the United States from 

2 the damaging impacts of extreme weather events 

3 and other factors contributing to the vulnerability of 

4 coastal and riverine communities and ecosystems; 

5 (2) the Chief of Engineers shall give priority 

6 consideration to the protection and restoration of 

7 shorelines, riverbanks, and streambanks from ero8 sion and other damaging impacts of extreme weather 

9 events in carrying out the civil works mission of the 

10 Corps of Engineers; 

11 (3) to the maximum extent practicable, projects 

12 and measures for the protection and restoration of 

13 shorelines, riverbanks, and streambanks shall be for14 mulated to increase the resilience of such shores and 

15 banks from the damaging impacts of extreme weath16 er events and other factors contributing to the vul17 nerability of coastal and riverine communities and 

18 ecosystems using measures described in section 

19 1184(a) of the Water Resources Development Act of 

20 2016 (33 U.S.C. 2289a(a)); and 

21 (4) to the maximum extent practicable, periodic 

22 nourishment shall be provided, in accordance with 

23 subsection (c) of the first section of the Act of Au24 gust 13, 1946 (60 Stat. 1056, chapter 960; 33 

25 U.S.C. 426e(c)), and subject to section 156 of the 


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1 Water Resources Development Act of 1976 (42 

2 U.S.C. 1962d–5f), for projects and measures carried 

3 out for the purpose of restoring and increasing the 

4 resilience of ecosystems to the same extent as peri5 odic nourishment is provided for projects and meas6 ures carried out for the purpose of coastal storm 

7 risk management. 

8 (b) SHORELINE AND RIVERINE PROTECTION AND

9 RESTORATION.— 

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

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

12 2332) is amended— 

13 (A) in the section heading, by striking 

14 ‘‘FLOOD MITIGATION AND RIVERINE RES15 TORATION PROGRAM’’ and inserting 

16 ‘‘SHORELINE AND RIVERINE PROTECTION

17 AND RESTORATION’’; 

18 (B) by striking subsection (a) and insert19 ing the following: 

20 ‘‘(a) IN GENERAL.—The Secretary may carry out 

21 projects— 

22 ‘‘(1) to reduce flood and coastal storm hazards, 

23 including shoreline erosion and riverbank and 

24 streambank failures; or 


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1 ‘‘(2) to restore the natural functions and values 

2 of rivers and shorelines throughout the United 

3 States.’’; 

4 (C) in subsection (b)— 

5 (i) by striking paragraph (1) and in6 serting the following: 

7 ‘‘(1) AUTHORITY.— 

8 ‘‘(A) STUDIES.—The Secretary may carry 

9 out studies to identify appropriate measures 

10 for— 

11 ‘‘(i) the reduction of flood and coastal 

12 storm hazards, including shoreline erosion 

13 and riverbank and streambank failures; or 

14 ‘‘(ii) the restoration of the natural 

15 functions and values of rivers and shore16 lines. 

17 ‘‘(B) PROJECTS.—Subject to subsection 

18 (f)(2), the Secretary may design and implement 

19 projects described in subsection (a).’’; 

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

21 ‘‘flood damages’’ and inserting ‘‘flood and 

22 coastal storm damages, including the use 

23 of measures described in section 1184(a) 

24 of the Water Resources Development Act 

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


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1 (iii) in paragraph (4)— 

2 (I) by inserting ‘‘and coastal 

3 storm’’ after ‘‘flood’’; 

4 (II) by inserting ‘‘, shoreline,’’ 

5 after ‘‘riverine’’; and 

6 (III) by inserting ‘‘and coastal 

7 barriers’’ after ‘‘floodplains’’; 

8 (D) in subsection (c)— 

9 (i) by striking paragraph (1) and in10 serting the following: 

11 ‘‘(1) STUDIES.— 

12 ‘‘(A) IN GENERAL.—Subject to subpara13 graph (B), the non-Federal share of the cost of 

14 a study under this section shall be— 

15 ‘‘(i) 50 percent; and 

16 ‘‘(ii) 10 percent, in the case of a study 

17 benefitting an economically disadvantaged 

18 community (as defined pursuant to section 

19 160 of the Water Resources Development 

20 Act of 2020 (33 U.S.C. 2201 note; Public 

21 Law 116–260)). 

22 ‘‘(B) FEDERAL INTEREST DETERMINA23 TION.—The first $100,000 of the costs of a 

24 study under this section shall be at full Federal 

25 expense.’’; and 


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1 (ii) in paragraph (2)— 

2 (I) in the paragraph heading, by 

3 striking ‘‘FLOOD CONTROL’’; and 

4 (II) by striking subparagraph (A) 

5 and inserting the following: 

6 ‘‘(A) IN GENERAL.—Design and construc7 tion of a nonstructural measure or project, a 

8 measure or project described in section 1184(a) 

9 of the Water Resources Development Act of 

10 2016 (33 U.S.C. 2289a(a)), or for a measure or 

11 project for environmental restoration, shall be 

12 subject to cost sharing in accordance with sec13 tion 103 of the Water Resources Development 

14 Act of 1986 (33 U.S.C. 2213), except that the 

15 non-Federal share of the cost to design and 

16 construct a project benefitting an economically 

17 disadvantaged community (as defined pursuant 

18 to section 160 of the Water Resources Develop19 ment Act of 2020 (33 U.S.C. 2201 note; Public 

20 Law 116–260)) shall be 10 percent.’’; and 

21 (iii) in paragraph (3)— 

22 (I) in the paragraph heading, by 

23 striking ‘‘CONTROL’’ and inserting 

24 ‘‘AND COASTAL STORM RISK MANAGE25 MENT’’; 


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1 (II) by striking ‘‘control’’ and in2 serting ‘‘and coastal storm risk man3 agement’’; and 

4 (III) by striking ‘‘section 103(a) 

5 of the Water Resources Development 

6 Act of 1986 (33 U.S.C. 2213(a))’’ 

7 and inserting ‘‘section 103 of the 

8 Water Resources Development Act of 

9 1986 (33 U.S.C. 2213), except that 

10 the non-Federal share of the cost to 

11 design and construct a project benefit12 ting an economically disadvantaged 

13 community (as defined pursuant to 

14 section 160 of the Water Resources 

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

16 2201 note; Public Law 116–260)) 

17 shall be 10 percent’’; 

18 (E) in subsection (d)— 

19 (i) by striking paragraph (2); 

20 (ii) by striking the subsection designa21 tion and heading and all that follows 

22 through ‘‘Notwithstanding’’ in paragraph 

23 (1) in the matter preceding subparagraph 

24 (A) and inserting the following: 

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


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1 (iii) by redesignating subparagraphs 

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

3 (3), respectively, and indenting appro4 priately; and 

5 (iv) in paragraph (1) (as so redesig6 nated)— 

7 (I) by inserting ‘‘or coastal 

8 storm’’ after ‘‘flood’’; and 

9 (II) by inserting ‘‘, including ero10 sion or riverbank or streambank fail11 ures’’ after ‘‘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 

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1 sources Development Act of 2022, the Secretary 

2 shall prioritize projects for the following locations: 

3 ‘‘(A) Delaware beaches and watersheds, 

4 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) Ohio River Tributaries and their wa10 tersheds, West Virginia. 

11 ‘‘(G) Chesapeake Bay watershed and 

12 Maryland beaches, Maryland.’’; 

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

14 (H) by redesignating subsection (h) as 

15 subsection (f); and 

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

17 by striking paragraph (2) and inserting the fol18 lowing: 

19 ‘‘(2) PROJECTS REQUIRING SPECIFIC AUTHOR20 IZATION.—The Secretary shall not carry out a 

21 project until Congress enacts a law authorizing the 

22 Secretary to carry out the project, if the Federal 

23 share of the cost to design and construct the project 

24 exceeds— 


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

2 benefitting an economically disadvantaged com3 munity (as defined pursuant to section 160 of 

4 the Water Resources Development Act of 2020 

5 (33 U.S.C. 2201 note; Public Law 116–260)); 

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

7 other than a project benefitting an economically 

8 disadvantaged community (as so defined) 

9 that— 

10 ‘‘(i) is for purposes of environmental 

11 restoration; or 

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

13 of the erosion, flood, or coastal storm risk 

14 reduction benefits from nonstructural 

15 measures or measures described in section 

16 1184(a) of the Water Resources Develop17 ment Act of 2016 (33 U.S.C. 2289a(a)); or 

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

19 a project described in subparagraph (A) or 

20 (B).’’. 

21 (2) CLERICAL AMENDMENT.—The table of con22 tents in section 1(b) of the Water Resources Devel23 opment Act of 1999 (113 Stat. 269) is amended by 

24 striking the item relating to section 212 and insert25 ing the following: 

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


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1 (c) EMERGENCY STREAMBANK AND SHORELINE

2 PROTECTION.—Section 14 of the Flood Control Act of 

3 1946 (33 U.S.C. 701r) is amended by striking 

4 ‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’. 

5 SEC. 103. INLAND WATERWAY PROJECTS. 

6 (a) IN GENERAL.—Section 102(a) of the Water Re7 sources Development Act of 1986 (33 U.S.C. 2212(a)) is 

8 amended— 

9 (1) in the matter preceding paragraph (1), by 

10 striking ‘‘One-half of the costs’’ and inserting ‘‘75 

11 percent of the costs’’; and 

12 (2) in the undesignated matter following para13 graph (3), in the second sentence, by striking ‘‘One14 half of such costs’’ and inserting ‘‘25 percent of 

15 such costs’’. 

16 (b) APPLICATION.—The amendments made by sub17 section (a) shall apply to new and ongoing projects begin18 ning on October 1, 2022. 

19 (c) CONFORMING AMENDMENT.—Section 109 of the 

20 Water Resources Development Act of 2020 (33 U.S.C. 

21 2212 note; Public Law 116–260) is amended by striking 

22 ‘‘fiscal years 2021 through 2031’’ and inserting ‘‘fiscal 

23 years 2021 through 2022’’. 


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1 SEC. 104. PROTECTION AND RESTORATION OF OTHER FED2 ERAL LAND ALONG RIVERS AND COASTS. 

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

4 funds made available to the Secretary for water resources 

5 development purposes to construct, at full Federal ex6 pense, a measure benefitting Federal land under the ad7 ministrative jurisdiction of another Federal agency, if the 

8 measure— 

9 (1) is included in a report of the Chief of Engi10 neers or other decision document for a water re11 sources development project that is specifically au12 thorized by Congress; 

13 (2) is included in a detailed project report (as 

14 defined in section 105(d) of the Water Resources 

15 Development Act of 1986 (33 U.S.C. 2215(d)); or 

16 (3) utilizes dredged material from a water re17 sources development project beneficially. 

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) EXCLUSION.—In this section, the term ‘‘Federal 

22 land’’ does not include a military installation. 

23 (d) SAVINGS PROVISIONS.—Nothing in this section 

24 precludes— 

25 (1) a Federal agency with administrative juris26 diction over Federal land from contributing funds 


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1 for any portion of the cost of a measure described 

2 in subsection (a) that benefits that land; or 

3 (2) the Secretary, at the request of the non4 Federal interest for a study for a project for flood 

5 or coastal storm risk management, from using funds 

6 made available to the Secretary for water resources 

7 development investigations to formulate measures to 

8 reduce risk to a military installation, if the non-Fed9 eral interest shares in the cost to formulate those 

10 measures to the same extent that the non-Federal 

11 interest is required to share in the cost of the study. 

12 (e) REPEAL.— 

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

14 Resources Reform and Development Act of 2014 (33 

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

16 (2) CONFORMING AMENDMENT.—The table of 

17 contents in section 1(b) of the Water Resources Re18 form and Development Act of 2014 (128 Stat. 

19 1193) is amended by striking the item relating to 

20 section 1025. 

21 SEC. 105. POLICY AND TECHNICAL STANDARDS. 

22 Consistent with the 5-year administrative publication 

23 life cycle of the Department of the Army, the Secretary 

24 shall revise, rescind, or certify as current, as applicable, 


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1 each publication for the civil works programs of the Corps 

2 of Engineers. 

3 SEC. 106. PLANNING ASSISTANCE TO STATES. 

4 (a) IN GENERAL.—Section 22 of the Water Re5 sources Development Act of 1974 (42 U.S.C. 1962d–16) 

6 is amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (3), by striking ‘‘section 

9 236 of title 10’’ and inserting ‘‘section 4141 of 

10 title 10’’; and 

11 (B) by adding at the end the following: 

12 ‘‘(4) PRIORITIZATION.—To the maximum ex13 tent practicable, the Secretary shall prioritize the 

14 provision of assistance under this subsection to ad15 dress both inland and coastal life safety risks.’’; 

16 (2) by redesignating subsections (b) through (f) 

17 as subsections (c) through (g), respectively; 

18 (3) by inserting after subsection (a) the fol19 lowing: 

20 ‘‘(b) OUTREACH.— 

21 ‘‘(1) IN GENERAL.—The Secretary is authorized 

22 to carry out activities, at full Federal expense— 

23 ‘‘(A) to inform and educate States and 

24 other non-Federal interests about the missions, 


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1 programs, policies, and procedures of the Corps 

2 of Engineers; and 

3 ‘‘(B) to engage with States and other non4 Federal interests to identify specific opportuni5 ties to partner with the Corps of Engineers to 

6 address water resources development needs. 

7 ‘‘(2) STAFF.—The Secretary shall designate 

8 staff in each district office of the Corps of Engineers 

9 to provide assistance under this subsection.’’; and 

10 (4) in subsection (d) (as so redesignated), by 

11 adding at the end the following: 

12 ‘‘(3) OUTREACH.—There is authorized to be ap13 propriated $30,000,000 for each fiscal year to carry 

14 out subsection (b). 

15 ‘‘(4) PRIORITIZATION.—To the maximum ex16 tent practicable, the Secretary shall prioritize the 

17 provision of assistance under this section to eco18 nomically disadvantaged communities (as defined 

19 pursuant to section 160 of the Water Resources De20 velopment Act of 2020 (33 U.S.C. 2201 note; Public 

21 Law 116–260)).’’. 

22 (b) CONFORMING AMENDMENT.—Section 

23 3014(b)(3)(B) of the Water Resources Reform and Devel24 opment Act of 2014 (42 U.S.C. 4131(b)(3)(B)) is amend25 ed by striking section ‘‘22(b) of the Water Resources DeVerDate Sep 11 2014 02:00 May 05, 2022 Jkt 029200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S4136.RS S4136

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1 velopment Act of 1974 (42 U.S.C. 1962d–16(b))’’ and in2 serting ‘‘section 22(c) of the Water Resources Develop3 ment Act of 1974 (42 U.S.C. 1962d–16(c))’’. 

4 SEC. 107. FLOODPLAIN MANAGEMENT SERVICES. 

5 Section 206 of the Flood Control Act of 1960 (33 

6 U.S.C. 709a) is amended— 

7 (1) in subsection (a)— 

8 (A) in the second sentence, by striking 

9 ‘‘Surveys and guides’’ and inserting the fol10 lowing: 

11 ‘‘(2) SURVEYS AND GUIDES.—Surveys and 

12 guides’’; 

13 (B) in the first sentence— 

14 (i) by inserting ‘‘identification of 

15 areas subject to floods due to accumulated 

16 snags and other debris,’’ after ‘‘inundation 

17 by floods of various magnitudes and fre18 quencies,’’; and 

19 (ii) by striking ‘‘In recognition’’ and 

20 inserting the following: 

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

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

23 ‘‘(3) IDENTIFICATION OF ASSISTANCE.— 

24 ‘‘(A) IN GENERAL.—To the maximum ex25 tent practicable, in providing assistance under 


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1 this subsection, the Secretary shall identify and 

2 communicate to States and non-Federal inter3 ests specific opportunities to partner with the 

4 Corps of Engineers to address flood hazards. 

5 ‘‘(B) COORDINATION.—The Secretary shall 

6 coordinate activities under this paragraph with 

7 activities described in subsection (b) of section 

8 22 of the Water Resources Development Act of 

9 1974 (42 U.S.C. 1962d–16).’’; 

10 (2) by redesignating subsection (d) as sub11 section (e); and 

12 (3) by inserting after subsection (c) the fol13 lowing: 

14 ‘‘(d) INSTITUTIONS OF HIGHER EDUCATION.—Not15 withstanding section 4141 of title 10, United States Code, 

16 in carrying out this section, the Secretary may work with 

17 an institution of higher education, as determined appro18 priate by the Secretary.’’. 

19 SEC. 108. WORKFORCE PLANNING. 

20 (a) DEFINITION OF HISTORICALLY BLACK COLLEGE

21 OR UNIVERSITY.—In this section, the term ‘‘historically 

22 Black college or university’’ has the meaning given the 

23 term ‘‘part B institution’’ in section 322 of the Higher 

24 Education Act of 1965 (20 U.S.C. 1061). 


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1 (b) AUTHORIZATION.—The Secretary is authorized to 

2 carry out activities, at full Federal expense— 

3 (1) to foster, enhance, and support science, 

4 technology, engineering, and math education and 

5 awareness; and 

6 (2) to recruit individuals for careers at the 

7 Corps of Engineers. 

8 (c) PARTNERING ENTITIES.—In carrying out activi9 ties under this section, the Secretary may enter into part10 nerships with— 

11 (1) public and nonprofit elementary and sec12 ondary schools; 

13 (2) community colleges; 

14 (3) technical schools; 

15 (4) colleges and universities, including histori16 cally Black colleges and universities; and 

17 (5) other institutions of learning. 

18 (d) PRIORITIZATION.—The Secretary shall, to the 

19 maximum extent practicable, prioritize the recruitment of 

20 individuals under this section that are located in economi21 cally disadvantaged communities (as defined pursuant to 

22 section 160 of the Water Resources Development Act of 

23 2020 (33 U.S.C. 2201 note; Public Law 116–260)). 


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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $20,000,000 for each of fiscal years 2023 through 2027. 

4 SEC. 109. CREDIT IN LIEU OF REIMBURSEMENT. 

5 (a) IN GENERAL.—Section 1022 of the Water Re6 sources Reform and Development Act of 2014 (33 U.S.C. 

7 2225) is amended— 

8 (1) in subsection (a)— 

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

10 coastal navigation project’’; 

11 (B) by inserting ‘‘or any other water re12 sources development project for which the Sec13 retary is authorized to reimburse the non-Fed14 eral interest for the Federal share of construc15 tion or operation and maintenance,’’ before 

16 ‘‘the Secretary’’; and 

17 (C) by striking ‘‘of the project’’ and insert18 ing ‘‘to construct, periodically nourish, or oper19 ate and maintain the project’’; 

20 (2) in each of subsections (b) and (c), by strik21 ing ‘‘flood damage reduction and coastal navigation’’ 

22 each place it appears and inserting ‘‘water resources 

23 development’’; and 

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


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1 ‘‘(d) APPLICABILITY.—With respect to a project con2 structed under section 204 of the Water Resources Devel3 opment Act of 1986 (33 U.S.C. 2232), the Secretary shall 

4 exercise the authority under this section to apply credits 

5 and reimbursements related to the project in a manner 

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

7 section.’’. 

8 (b) TREATMENT OF CREDIT BETWEEN PROJECTS.— 

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

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

11 inserting ‘‘, or may be applied to reduce the amounts re12 quired to be paid by the non-Federal interest under the 

13 terms of the deferred payment agreements entered into 

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

15 projects authorized by section 7012(a)(1)’’ before the pe16 riod at the end. 

17 SEC. 110. COASTAL COST CALCULATIONS. 

18 Section 152(a) of the Water Resources Development 

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

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

21 management’’. 

22 SEC. 111. ADVANCE PAYMENT IN LIEU OF REIMBURSEMENT 

23 FOR CERTAIN FEDERAL COSTS. 

24 The Secretary is authorized to provide in advance to 

25 the non-Federal interest the Federal share of funds reVerDate Sep 11 2014 02:00 May 05, 2022 Jkt 029200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S4136.RS S4136

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1 quired for the acquisition of land, easements, and rights2 of-way and the performance of relocations for a project 

3 or separable element— 

4 (1) authorized to be constructed at full Federal 

5 expense; or 

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

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

8 2213(b)(2)). 

9 SEC. 112. USE OF EMERGENCY FUNDS. 

10 Section 5(a) of the Act of August 18, 1941 (com11 monly known as the ‘‘Flood Control Act of 1941’’) (55 

12 Stat. 650, chapter 377; 33 U.S.C. 701n(a)), is amended— 

13 (1) in paragraph (1), in the first sentence, by 

14 inserting ‘‘, increase resilience, increase effectiveness 

15 in preventing damages from inundation, wave at16 tack, or erosion,’’ after ‘‘address major deficiencies’’; 

17 and 

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

19 ‘‘(6) WORK CARRIED OUT BY A NON-FEDERAL

20 SPONSOR.— 

21 ‘‘(A) GENERAL RULE.—The Secretary may 

22 authorize a non-Federal sponsor to plan, de23 sign, or construct repair or restoration work de24 scribed in paragraph (1). 

25 ‘‘(B) REQUIREMENTS.— 


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1 ‘‘(i) IN GENERAL.—To be eligible for 

2 a payment under subparagraph (C) for the 

3 Federal share of a planning, design, or 

4 construction activity for repair or restora5 tion work described in paragraph (1), the 

6 non-Federal sponsor shall enter into a 

7 written agreement with the Secretary be8 fore carrying out the activity. 

9 ‘‘(ii) COMPLIANCE WITH OTHER

10 LAWS.—The non-Federal sponsor shall 

11 carry out all activities under this para12 graph in compliance with all laws and reg13 ulations that would apply if the activities 

14 were carried out by the Secretary. 

15 ‘‘(C) PAYMENT.— 

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

17 authorized to provide payment, in the form 

18 of an advance or a reimbursement, to the 

19 non-Federal sponsor for the Federal share 

20 of the cost of a planning design, or con21 struction activity for the repair or restora22 tion work described in paragraph (1). 

23 ‘‘(ii) ADDITIONAL AMOUNTS.—If the 

24 Federal share of the cost of the activity 

25 under this paragraph exceeds the amount 


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1 obligated by the Secretary under an agree2 ment under subparagraph (B), the advance 

3 or reimbursement of such additional 

4 amounts shall be at the discretion of the 

5 Secretary. 

6 ‘‘(D) ANNUAL LIMIT ON REIMBURSEMENTS

7 NOT APPLICABLE.—Section 102 of the Energy 

8 and Water Development Appropriations Act, 

9 2006 (33 U.S.C. 2221), shall not apply to an 

10 agreement under subparagraph (B).’’. 

11 SEC. 113. RESEARCH AND DEVELOPMENT. 

12 (a) IN GENERAL.—Section 7 of the Water Resources 

13 Development Act of 1988 (33 U.S.C. 2313) is amended— 

14 (1) in the section heading, by striking ‘‘COL15 LABORATIVE’’; 

16 (2) in subsection (b), by redesignating para17 graphs (1) and (2) as subparagraphs (A) and (B), 

18 respectively, and indenting appropriately; 

19 (3) by striking subsection (e); 

20 (4) by redesignating subsections (b), (c), (d), 

21 and (f) as paragraphs (2), (3), (4), and (5), respec22 tively, and indenting appropriately; 

23 (5) in subsection (a), by striking ‘‘of the Army 

24 Corps of Engineers, the Secretary is authorized to 

25 utilize Army’’ and inserting the following: ‘‘of the 


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1 Corps of Engineers, the Secretary is authorized to 

2 engage in basic research, applied research, advanced 

3 research, and development projects, including such 

4 projects that are— 

5 ‘‘(1) authorized by Congress; or 

6 ‘‘(2) included in an Act making appropriations 

7 for the Corps of Engineers. 

8 ‘‘(b) COLLABORATIVE RESEARCH AND DEVELOP9 MENT.— 

10 ‘‘(1) IN GENERAL.—In carrying out subsection 

11 (a), the Secretary is authorized to utilize’’; 

12 (6) in subsection (b) (as so redesignated)— 

13 (A) in paragraph (2)(B) (as so redesig14 nated), by striking ‘‘this section’’ and inserting 

15 ‘‘this subsection’’; 

16 (B) in paragraph (3) (as so redesignated), 

17 in the first sentence, by striking ‘‘this section’’ 

18 each place it appears and inserting ‘‘this sub19 section’’; 

20 (C) in paragraph (4) (as so redesignated), 

21 by striking ‘‘subsection (c)’’ and inserting 

22 ‘‘paragraph (3)’’; and 

23 (D) in paragraph (5) (as so redesignated), 

24 by striking ‘‘this section’’ and inserting ‘‘this 

25 subsection;’’; and 


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

2 ‘‘(c) OTHER TRANSACTIONS.— 

3 ‘‘(1) AUTHORITY.—The Secretary may enter 

4 into transactions (other than contracts, cooperative 

5 agreements, and grants) in order to carry out this 

6 section. 

7 ‘‘(2) EDUCATION AND TRAINING.—The Sec8 retary shall— 

9 ‘‘(A) ensure that management, technical, 

10 and contracting personnel of the Corps of Engi11 neers involved in the award or administration of 

12 transactions under this section or other innova13 tive forms of contracting are afforded opportu14 nities for adequate education and training; and 

15 ‘‘(B) establish minimum levels and require16 ments for continuous and experiential learning 

17 for such personnel, including levels and require18 ments for acquisition certification programs. 

19 ‘‘(3) NOTIFICATION.—The Secretary shall pro20 vide to the Committee on Environment and Public 

21 Works of the Senate and the Committee on Trans22 portation and Infrastructure of the House of Rep23 resentatives notice of a transaction under this sub24 section not less than 30 days before entering into 

25 the transaction. 


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1 ‘‘(4) REPORT.—Not later than 3 years and not 

2 later than 7 years after the date of enactment of the 

3 Water Resources Development Act of 2022, the Sec4 retary shall submit to the Committee on Environ5 ment and Public Works of the Senate and the Com6 mittee on Transportation and Infrastructure of the 

7 House of Representatives a report on the use of the 

8 authority under paragraph (1). 

9 ‘‘(d) REPORT.— 

10 ‘‘(1) IN GENERAL.—For fiscal year 2025, and 

11 annually thereafter, in conjunction with the annual 

12 budget submission of the President to Congress 

13 under section 1105(a) of title 31, United States 

14 Code, the Secretary shall submit to the Committee 

15 on Environment and Public Works of the Senate 

16 and the Committee on Transportation and Infra17 structure of the House of Representatives a report 

18 on projects carried out under subsection (a). 

19 ‘‘(2) CONTENTS.—A report under paragraph 

20 (1) shall include— 

21 ‘‘(A) a description of each ongoing and 

22 new project, including— 

23 ‘‘(i) the estimated total cost; 

24 ‘‘(ii) the amount of Federal expendi25 tures; 


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1 ‘‘(iii) the amount of expenditures by a 

2 non-Federal entity as described in sub3 section (b)(1), if applicable; 

4 ‘‘(iv) the estimated timeline for com5 pletion; 

6 ‘‘(v) the requesting district of the 

7 Corps of Engineers, if applicable; and 

8 ‘‘(vi) how the project is consistent 

9 with subsection (a); and 

10 ‘‘(B) any additional information that the 

11 Secretary determines to be appropriate. 

12 ‘‘(e) COST SHARING.— 

13 ‘‘(1) IN GENERAL.—Except as provided in sub14 section (b)(3) and paragraph (2), a project carried 

15 out under this section shall be at full Federal ex16 pense. 

17 ‘‘(2) TREATMENT.—Nothing in this subsection 

18 waives applicable cost-share requirements for a 

19 water resources development project or feasibility 

20 study (as defined in section 105(d) of the Water Re21 sources Development Act of 1986 (33 U.S.C. 

22 2215(d))). 

23 ‘‘(f) SAVINGS CLAUSE.—Nothing in this section lim24 its the ability of the Secretary to carry out a project re25 quested by a district of the Corps of Engineers in support 


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1 of a water resources development project or feasibility 

2 study (as defined in section 105(d) of the Water Resources 

3 Development Act of 1986 (33 U.S.C. 2215(d))). 

4 ‘‘(g) RESEARCH AND DEVELOPMENT ACCOUNT.— 

5 ‘‘(1) IN GENERAL.—There is established a Re6 search and Development account of the Corps of En7 gineers for the purposes of carrying out this section. 

8 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

9 There is authorized to be appropriated to the Re10 search and Development account established by 

11 paragraph (1) $85,000,000 for each of fiscal years 

12 2023 through 2027.’’. 

13 (b) FORECASTING MODELS FOR THE GREAT

14 LAKES.— 

15 (1) AUTHORIZATION.—There is authorized to 

16 be appropriated to the Secretary $10,000,000 to 

17 complete and maintain a model suite to forecast 

18 water levels, account for water level variability, and 

19 account for the impacts of extreme weather events 

20 and other natural disasters in the Great Lakes. 

21 (2) SAVINGS PROVISION.—Nothing in this sub22 section precludes the Secretary from using funds 

23 made available under the Great Lakes Restoration 

24 Initiative established by section 118(c)(7) of the 

25 Federal Water Pollution Control Act (33 U.S.C. 


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1 1268(c)(7)) for activities described in paragraph (1) 

2 for the Great Lakes, if funds are not appropriated 

3 for such activities. 

4 (c) CLERICAL AMENDMENT.—The table of contents 

5 contained in section 1(b) of the Water Resources Develop6 ment Act of 1988 (102 Stat. 4012) is amended by striking 

7 the item relating to section 7 and inserting the following: 

‘‘Sec. 7. Research and development.’’. 

8 SEC. 114. TRIBAL AND ECONOMICALLY DISADVANTAGED 

9 COMMUNITIES ADVISORY COMMITTEE. 

10 (a) DEFINITIONS.—In this section: 

11 (1) COMMITTEE.—The term ‘‘Committee’’ 

12 means the Tribal and Economically Disadvantaged 

13 Communities Advisory Committee established under 

14 subsection (b). 

15 (2) ECONOMICALLY DISADVANTAGED COMMU16 NITY.—The term ‘‘economically disadvantaged com17 munity’’ has the meaning given the term pursuant 

18 to section 160 of the Water Resources Development 

19 Act of 2020 (33 U.S.C. 2201 note; Public Law 116– 

20 260). 

21 (3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

22 has the meaning given the term in section 4 of the 

23 Indian Self-Determination and Education Assistance 

24 Act (25 U.S.C. 5304). 


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1 (b) ESTABLISHMENT.—Not later than 90 days after 

2 the date of enactment of this Act, the Secretary shall es3 tablish a committee, to be known as the ‘‘Tribal and Eco4 nomically Disadvantaged Communities Advisory Com5 mittee’’, to develop and make recommendations to the Sec6 retary and the Chief of Engineers on activities and actions 

7 that should be undertaken by the Corps of Engineers to 

8 ensure more effective delivery of water resources develop9 ment projects, programs, and other assistance to economi10 cally disadvantaged communities and Indian Tribes. 

11 (c) MEMBERSHIP.—The Committee shall be com12 posed of members, appointed by the Secretary, who have 

13 the requisite experiential or technical knowledge needed to 

14 address issues related to the water resources needs and 

15 challenges of economically disadvantaged communities and 

16 Indian Tribes, including— 

17 (1) 5 individuals representing organizations 

18 with expertise in environmental policy, rural water 

19 resources, economically disadvantaged communities, 

20 Tribal rights, or civil rights; and 

21 (2) 5 individuals, each representing a non-Fed22 eral interest for a Corps of Engineers project. 

23 (d) DUTIES.— 

24 (1) RECOMMENDATIONS.—The Committee shall 

25 provide advice and make recommendations to the 


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1 Secretary and the Chief of Engineers to assist the 

2 Corps of Engineers in— 

3 (A) efficiently and effectively delivering so4 lutions to water resources development projects 

5 needs and challenges for economically disadvan6 taged communities and Indian Tribes; 

7 (B) integrating consideration of economi8 cally disadvantaged communities and Indian 

9 Tribes, where applicable, in the development of 

10 water resources development projects and pro11 grams of the Corps of Engineers; and 

12 (C) improving the capability and capacity 

13 of the workforce of the Corps of Engineers to 

14 assist economically disadvantaged communities 

15 and Indian Tribes. 

16 (2) MEETINGS.—The Committee shall meet as 

17 appropriate to develop and make recommendations 

18 under paragraph (1). 

19 (3) REPORT.—Recommendations provided 

20 under paragraph (1) shall be— 

21 (A) included in a report submitted to the 

22 Committee on Environment and Public Works 

23 of the Senate and the Committee on Transpor24 tation and Infrastructure of the House of Rep25 resentatives; and 


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1 (B) be made publicly available, including 

2 on a publicly available website. 

3 (e) INDEPENDENT JUDGMENT.—Any recommenda4 tion made by the Committee to the Secretary and the 

5 Chief of Engineers under subsection (d)(1) shall reflect 

6 the independent judgment of the Committee. 

7 (f) ADMINISTRATION.— 

8 (1) COMPENSATION.—Except as provided in 

9 paragraph (2), the members of the Committee shall 

10 serve without compensation. 

11 (2) TRAVEL EXPENSES.—The members of the 

12 Committee shall be allowed travel expenses, includ13 ing per diem in lieu of subsistence, at rates author14 ized for employees of agencies under subchapter I of 

15 chapter 57 of title 5, United States Code, while 

16 away from their homes or regular places of business 

17 in the performance of services for the Committee. 

18 (3) TREATMENT.—The members of the Com19 mittee shall not be considered to be Federal employ20 ees, and the meetings and reports of the Committee 

21 shall not be considered a major Federal action under 

22 the National Environmental Policy Act of 1969 (42 

23 U.S.C. 4321 et seq.). 


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1 (4) APPLICABILITY OF FACA.—The Federal Ad2 visory Committee Act (5 U.S.C. App.) shall apply to 

3 the Committee. 

4 SEC. 115. NON-FEDERAL INTEREST ADVISORY COMMITTEE. 

5 (a) IN GENERAL.—Not later than 90 days after the 

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

7 a committee, to be known as the ‘‘Non-Federal Interest 

8 Advisory Committee’’ (referred to in this section as the 

9 ‘‘Committee’’), to develop and make recommendations to 

10 the Secretary and the Chief of Engineers on activities and 

11 actions that should be undertaken by the Corps of Engi12 neers to ensure more effective and efficient delivery of 

13 water resources development projects, programs, and 

14 other assistance. 

15 (b) MEMBERSHIP.— 

16 (1) IN GENERAL.—The Committee shall be 

17 composed of the members described in paragraph 

18 (2), who shall— 

19 (A) be appointed by the Secretary; and 

20 (B) have the requisite experiential or tech21 nical knowledge needed to address issues re22 lated to water resources needs and challenges. 

23 (2) REPRESENTATIVES.—The members of the 

24 Committee shall include the following: 


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1 (A) A representative of each of the fol2 lowing: 

3 (i) A non-Federal interest for a 

4 project for navigation for an inland harbor. 

5 (ii) A non-Federal interest for a 

6 project for navigation for a harbor. 

7 (iii) A non-Federal interest for a 

8 project for flood risk management. 

9 (iv) A non-Federal interest for a 

10 project for coastal storm risk management. 

11 (v) A non-Federal interest for a 

12 project for aquatic ecosystem restoration. 

13 (B) A representative of each of the fol14 lowing: 

15 (i) A non-Federal stakeholder with re16 spect to inland waterborne transportation. 

17 (ii) A non-Federal stakeholder with 

18 respect to water supply. 

19 (iii) A non-Federal stakeholder with 

20 respect to recreation. 

21 (iv) A non-Federal stakeholder with 

22 respect to hydropower. 

23 (v) A non-Federal stakeholder with re24 spect to emergency preparedness, including 

25 coastal protection. 


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1 (C) A representative of each of the fol2 lowing: 

3 (i) An organization with expertise in 

4 conservation. 

5 (ii) An organization with expertise in 

6 environmental policy. 

7 (iii) An organization with expertise in 

8 rural water resources. 

9 (c) DUTIES.— 

10 (1) RECOMMENDATIONS.—The Committee shall 

11 provide advice and make recommendations to the 

12 Secretary and the Chief of Engineers to assist the 

13 Corps of Engineers in— 

14 (A) efficiently and effectively delivering 

15 water resources development projects; 

16 (B) improving the capability and capacity 

17 of the workforce of the Corps of Engineers to 

18 deliver projects and other assistance; 

19 (C) improving the capacity and effective20 ness of Corps of Engineers consultation and li21 aison roles in communicating water resources 

22 needs and solutions, including regionally-spe23 cific recommendations; and 


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1 (D) strengthening partnerships with non2 Federal interests to advance water resources so3 lutions. 

4 (2) MEETINGS.—The Committee shall meet as 

5 appropriate to develop and make recommendations 

6 under paragraph (1). 

7 (3) REPORT.—Recommendations provided 

8 under paragraph (1) shall be— 

9 (A) included in a report submitted to the 

10 Committee on Environment and Public Works 

11 of the Senate and the Committee on Transpor12 tation and Infrastructure of the House of Rep13 resentatives; and 

14 (B) made publicly available, including on a 

15 publicly available website. 

16 (d) INDEPENDENT JUDGMENT.—Any recommenda17 tion made by the Committee to the Secretary and the 

18 Chief of Engineers under subsection (c)(1) shall reflect the 

19 independent judgment of the Committee. 

20 (e) ADMINISTRATION.— 

21 (1) IN GENERAL.—The Committee shall be sub22 ject to the Federal Advisory Committee Act (5 

23 U.S.C. App.). 


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1 (2) COMPENSATION.—Except as provided in 

2 paragraph (3), the members of the Committee shall 

3 serve without compensation. 

4 (3) TRAVEL EXPENSES.—The members of the 

5 Committee shall be allowed travel expenses, includ6 ing per diem in lieu of subsistence, at rates author7 ized for employees of agencies under subchapter I of 

8 chapter 57 of title 5, United States Code, while 

9 away from their homes or regular places of business 

10 in the performance of services for the Committee. 

11 (4) TREATMENT.—The members of the Com12 mittee shall not be considered to be Federal employ13 ees and the meetings and reports of the Committee 

14 shall not be considered a major Federal action under 

15 the National Environmental Policy Act of 1969 (42 

16 U.S.C. 4321 et seq.). 

17 SEC. 116. UNDERSERVED COMMUNITY HARBOR PROJECTS. 

18 (a) DEFINITIONS.—In this section: 

19 (1) PROJECT.—The term ‘‘project’’ means a 

20 single cycle of dredging of an underserved commu21 nity harbor and the associated placement of dredged 

22 material at a beneficial use placement site or dis23 posal site. 

24 (2) UNDERSERVED COMMUNITY HARBOR.—The 

25 term ‘‘underserved community harbor’’ means an 


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1 emerging harbor (as defined in section 210(f) of the 

2 Water Resources Development Act of 1986 (33 

3 U.S.C. 2238(f))) for which— 

4 (A) no Federal funds have been obligated 

5 for maintenance dredging in the current fiscal 

6 year or in any of the 4 preceding fiscal years; 

7 and 

8 (B) State and local investments in infra9 structure have been made during the preceding 

10 4 fiscal years. 

11 (b) IN GENERAL.—The Secretary may carry out 

12 projects to dredge underserved community harbors for 

13 purposes of sustaining water-dependent commercial and 

14 recreational activities at such harbors. 

15 (c) JUSTIFICATION.—The Secretary may carry out a 

16 project under this section if the Secretary determines that 

17 the cost of the project is reasonable in relation to the sum 

18 of— 

19 (1) the local or regional economic benefits; and 

20 (2)(A) the environmental benefits, including the 

21 benefits to the aquatic environment to be derived 

22 from the creation of wetland and control of shoreline 

23 erosion; or 


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1 (B) other social effects, including protection 

2 against loss of life and contributions to local or re3 gional cultural heritage. 

4 (d) COST SHARE.—The non-Federal share of the cost 

5 of a project carried out under this section shall be deter6 mined in accordance with— 

7 (1) subsection (a), (b), (c), or (d), as applicable, 

8 of section 103 of the Water Resources Development 

9 Act of 1986 (33 U.S.C. 2213), for any portion of 

10 the cost of the project allocated to flood or coastal 

11 storm risk management, ecosystem restoration, or 

12 recreation; and 

13 (2) section 101(b)(1) of the Water Resources 

14 Development Act of 1986 (33 U.S.C. 2211(b)(1)), 

15 for the portion of the cost of the project other than 

16 a portion described in paragraph (1). 

17 (e) CLARIFICATION.—The Secretary shall not require 

18 the non-Federal interest for a project carried out under 

19 this section to perform additional operation and mainte20 nance activities at the beneficial use placement site or the 

21 disposal site for such project. 

22 (f) FEDERAL PARTICIPATION LIMIT.—The Federal 

23 share of the cost of a project under this section shall not 

24 exceed $10,000,000. 

25 (g) AUTHORIZATION OF APPROPRIATIONS.— 


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1 (1) IN GENERAL.—There is authorized to be 

2 appropriated to carry out this section $50,000,000 

3 for each of fiscal years 2023 through 2026. 

4 (2) SPECIAL RULE.—Not less than 35 percent 

5 of the amounts made available to carry out this sec6 tion for each fiscal year shall be used for projects 

7 that include the beneficial use of dredged material. 

8 (h) SAVINGS PROVISION.—Carrying out a project 

9 under this section shall not affect the eligibility of an un10 derserved community harbor for Federal operation and 

11 maintenance funding otherwise authorized for the under12 served community harbor. 

13 SEC. 117. CORPS OF ENGINEERS WESTERN WATER COOPER14 ATIVE COMMITTEE. 

15 (a) FINDINGS.—Congress finds that— 

16 (1) a bipartisan coalition of 19 Western Sen17 ators wrote to the Office of Management and Budg18 et on September 17, 2019, in opposition to the pro19 posed rulemaking entitled ‘‘Use of U.S. Army Corps 

20 of Engineers Reservoir Projects for Domestic, Mu21 nicipal & Industrial Water Supply’’ (81 Fed. Reg. 

22 91556 (December 16, 2016)), describing the rule as 

23 counter to existing law and court precedent; 


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1 (2) on January 21, 2020, the proposed rule2 making described in paragraph (1) was withdrawn; 

3 and 

4 (3) the Corps of Engineers should consult with 

5 Western States to ensure, to the maximum extent 

6 practicable, that operation of flood control projects 

7 in prior appropriation States is consistent with the 

8 principles of the first section of the Act of December 

9 22, 1944 (commonly known as the ‘‘Flood Control 

10 Act of 1944’’) (58 Stat. 887, chapter 665; 33 U.S.C. 

11 701–1) and section 301 of the Water Supply Act of 

12 1958 (43 U.S.C. 390b). 

13 (b) ESTABLISHMENT.— 

14 (1) IN GENERAL.—Not later than 90 days after 

15 the date of enactment of this Act, the Secretary 

16 shall establish a Western Water Cooperative Com17 mittee (referred to in this section as the ‘‘Coopera18 tive Committee’’). 

19 (2) PURPOSE.—The purpose of the Cooperative 

20 Committee is to ensure that Corps of Engineers 

21 flood control projects in Western States are operated 

22 consistent with congressional directives by identi23 fying opportunities to avoid or minimize conflicts be24 tween operation of Corps of Engineers projects and 

25 State water rights and water laws. 


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1 (3) MEMBERSHIP.— 

2 (A) IN GENERAL.—The Cooperative Com3 mittee shall be composed of— 

4 (i) the Assistant Secretary of the 

5 Army for Civil Works (or a designee); 

6 (ii) the Chief of Engineers (or a des7 ignee); 

8 (iii) 1 representative from each of the 

9 States of Alaska, Arizona, California, Colo10 rado, Idaho, Kansas, Montana, Nebraska, 

11 Nevada, New Mexico, North Dakota, Okla12 homa, Oregon, South Dakota, Texas, 

13 Utah, Washington, and Wyoming, who 

14 may serve on the Western States Water 

15 Council, to be appointed by the Governor 

16 of each State; 

17 (iv) 1 representative with legal experi18 ence from each of the States of Alaska, Ar19 izona, California, Colorado, Idaho, Kansas, 

20 Montana, Nebraska, Nevada, New Mexico, 

21 North Dakota, Oklahoma, Oregon, South 

22 Dakota, Texas, Utah, Washington, and 

23 Wyoming, to be appointed by the Attorney 

24 General of each State; and 


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1 (v) 1 employee from each of the im2 pacted regional offices of the Bureau of In3 dian Affairs. 

4 (4) MEETINGS.— 

5 (A) IN GENERAL.—The Cooperative Com6 mittee shall meet not less than once each year 

7 in a State represented on the Cooperative Com8 mittee. 

9 (B) AVAILABLE TO PUBLIC.—Each meet10 ing of the Cooperative Committee shall be open 

11 and accessible to the public. 

12 (C) NOTIFICATION.—The Cooperative 

13 Committee shall publish in the Federal Register 

14 adequate advance notice of a meeting of the Co15 operative Committee. 

16 (5) DUTIES.—The Cooperative Committee shall 

17 develop and make recommendations to avoid or min18 imize conflicts between the operation of Corps of 

19 Engineers projects and State water rights and water 

20 laws, which may include recommendations for legis21 lation or the promulgation of policy or regulations. 

22 (6) STATUS UPDATES.— 

23 (A) IN GENERAL.—On an annual basis, 

24 the Secretary shall provide to the Committee on 

25 Environment and Public Works of the Senate 


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1 and the Committee on Transportation and In2 frastructure of the House of Representatives a 

3 written report that includes— 

4 (i) a summary of the contents of 

5 meetings of the Cooperative Committee; 

6 and 

7 (ii) a description of any recommenda8 tions made by the Cooperative Committee 

9 under paragraph (5), including actions 

10 taken by the Secretary in response to such 

11 recommendations. 

12 (B) COMMENT.— 

13 (i) IN GENERAL.—Not later than 45 

14 days following the conclusion of a meeting 

15 of the Cooperative Committee, the Sec16 retary shall provide to members of the Co17 operative Committee an opportunity to 

18 comment on the contents of the meeting 

19 and any recommendations. 

20 (ii) INCLUSION.—Comments provided 

21 under clause (i) shall be included in the re22 port provided under subparagraph (A). 

23 (7) COMPENSATION.— 

24 (A) IN GENERAL.—Except as provided in 

25 subparagraph (B), the members of the CooperaVerDate Sep 11 2014 02:00 May 05, 2022 Jkt 029200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S4136.RS S4136

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1 tive Committee shall serve without compensa2 tion. 

3 (B) TRAVEL EXPENSES.—The members of 

4 the Cooperative Committee shall be allowed 

5 travel expenses, including per diem in lieu of 

6 subsistence, at rates authorized for employees 

7 of agencies under subchapter I of chapter 57 of 

8 title 5, United States Code, while away from 

9 their homes or regular places of business in the 

10 performance of services for the Cooperative 

11 Committee. 

12 (8) MAINTENANCE OF RECORDS.—The Cooper13 ative Committee shall maintain records pertaining to 

14 operating costs and records of the Cooperative Com15 mittee for a period of not less than 3 years. 

16 SEC. 118. UPDATES TO CERTAIN WATER CONTROL MANU17 ALS. 

18 On request of the Governor of State in which the 

19 Governor declared a statewide drought disaster in 2021, 

20 the Secretary is authorized to update water control manu21 als for waters in the State, with priority given to those 

22 waters that accommodate a water supply project. 

23 SEC. 119. RETENTION OF RECREATION FEES. 

24 (a) IN GENERAL.—Section 210(b) of the River and 

25 Harbor Act of 1968 (16 U.S.C. 460d–3(b)) is amended— 


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1 (1) by striking paragraph (4) and inserting the 

2 following: 

3 ‘‘(4) DEPOSIT INTO TREASURY ACCOUNT.—All 

4 fees collected under this subsection shall— 

5 ‘‘(A) be deposited in a special account in 

6 the Treasury; and 

7 ‘‘(B) be available for use, without further 

8 appropriation, for the operation and mainte9 nance of recreation sites and facilities under the 

10 jurisdiction of the Secretary of the Army, sub11 ject to the condition that not less than 80 per12 cent of fees collected at a specific recreation site 

13 are utilized at that site.’’; and 

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

15 ‘‘(5) SUPPLEMENT, NOT SUPPLANT.—Fees col16 lected under this subsection— 

17 ‘‘(A) shall be in addition to annual appro18 priated funding provided for the operation and 

19 maintenance of recreation sites and facilities 

20 under the jurisdiction of the Secretary of the 

21 Army; and 

22 ‘‘(B) shall not be used as a basis for re23 ducing annual appropriated funding for those 

24 purposes.’’. 


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1 (b) SPECIAL ACCOUNTS.—Amounts in the special ac2 count for the Corps of Engineers described in section 

3 210(b)(4) of the River and Harbor Act of 1968 (16 U.S.C. 

4 460d–3(b)(4)) (as in effect on the day before the date of 

5 enactment of this Act) that are unobligated on that date 

6 shall— 

7 (1) be transferred to the special account estab8 lished under section 210(b)(4) of the River and Har9 bor Act of 1968 (16 U.S.C. 460d–3(b)(4)) (as 

10 amended by subsection (a)(1)); and 

11 (2) be available to the Secretary for operation 

12 and maintenance of any recreation sites and facili13 ties under the jurisdiction of the Secretary, without 

14 further appropriation. 

15 SEC. 120. RELOCATION ASSISTANCE. 

16 In the case of a water resources development project 

17 using nonstructural measures for the elevation or modi18 fication of a dwelling that is the primary residence of an 

19 owner-occupant and that requires the owner-occupant to 

20 relocate temporarily from the dwelling during the period 

21 of construction, the Secretary may include in the value 

22 of the land, easements, and rights-of-way required for the 

23 project or measure the documented reasonable living ex24 penses, excluding food and personal transportation, inVerDate Sep 11 2014 02:00 May 05, 2022 Jkt 029200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S4136.RS S4136

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1 curred by the owner-occupant during the period of reloca2 tion. 

3 SEC. 121. REPROGRAMMING LIMITS. 

4 (a) OPERATIONS AND MAINTENANCE.—In re5 programming funds made available to the Secretary for 

6 operations and maintenance— 

7 (1) the Secretary may not reprogram more than 

8 25 percent of the base amount up to a limit of— 

9 (A) $8,500,000 for a project, study, or ac10 tivity with a base level over $1,000,000; and 

11 (B) $250,000 for a project, study, or activ12 ity with a base level of $1,000,000 or less; and 

13 (2) $250,000 may be reprogrammed for any 

14 continuing study or activity of the Secretary that did 

15 not receive an appropriation. 

16 (b) INVESTIGATIONS.—In reprogramming funds 

17 made available to the Secretary for investigations— 

18 (1) the Secretary may not reprogram more than 

19 $150,000 for a project, study, or activity with a base 

20 level over $100,000; and 

21 (2) $150,000 may be reprogrammed for any 

22 continuing study or activity of the Secretary that did 

23 not receive an appropriation for existing obligations 

24 and concomitant administrative expenses. 


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1 SEC. 122. LEASE DURATIONS. 

2 The Secretary shall issue guidance on, in the case of 

3 a leasing decision pursuant to section 2667 of title 10, 

4 United States Code, or section 4 of the Act of December 

5 22, 1944 (commonly known as the ‘‘Flood Control Act of 

6 1944’’) (58 Stat. 889, chapter 665; 16 U.S.C. 460d), in7 stances in which a lease duration in excess of 25 years 

8 is appropriate. 

9 SEC. 123. SENSE OF CONGRESS RELATING TO POST-DIS10 ASTER REPAIRS. 

11 It is the sense of Congress that in permitting and 

12 funding post-disaster repairs, the Secretary should, to the 

13 maximum extent practicable, repair assets— 

14 (1) to project design levels; or 

15 (2) if the original project design is outdated, to 

16 above project design levels. 

17 SEC. 124. PAYMENT OF PAY AND ALLOWANCES OF CERTAIN 

18 OFFICERS FROM APPROPRIATION FOR IM19 PROVEMENTS. 

20 Section 36 of the Act of August 10, 1956 (70A Stat. 

21 634, chapter 1041; 33 U.S.C. 583a), is amended— 

22 (1) by striking ‘‘Regular officers of the Corps 

23 of Engineers of the Army, and reserve officers of the 

24 Army who are assigned to the Corps of Engineers,’’ 

25 and inserting the following: 


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1 ‘‘(a) IN GENERAL.—The personnel described in sub2 section (b)’’; and 

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

4 ‘‘(b) PERSONNEL DESCRIBED.—The personnel re5 ferred to in subsection (a) are the following: 

6 ‘‘(1) Regular officers of the Corps of Engineers 

7 of the Army. 

8 ‘‘(2) The following members of the Army who 

9 are assigned to the Corps of Engineers: 

10 ‘‘(A) Reserve component officers. 

11 ‘‘(B) Warrant officers (whether regular or 

12 reserve component). 

13 ‘‘(C) Enlisted members (whether regular or 

14 reserve component).’’. 

15 SEC. 125. REFORESTATION. 

16 The Secretary is encouraged to consider measures to 

17 restore swamps and other wetland forests in studies for 

18 water resources development projects for ecosystem res19 toration and flood and coastal storm risk management. 

20 SEC. 126. USE OF OTHER FEDERAL FUNDS. 

21 Section 2007 of the Water Resources Development 

22 Act of 2007 (33 U.S.C. 2222) is amended— 

23 (1) by striking ‘‘water resources study or 

24 project’’ and inserting ‘‘water resources development 

25 study or project, including a study or project under 


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1 a continuing authority program (as defined in sec2 tion 7001(c)(1)(D) of the Water Resources Reform 

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

4 2282d(c)(1)(D))),’’; and 

5 (2) by striking ‘‘the Federal agency that pro6 vides the funds determines that the funds are au7 thorized to be used to carry out the study or 

8 project’’ and inserting ‘‘the funds appropriated to 

9 the Federal agency are for a purpose that is similar 

10 or complementary to the purpose of the study or 

11 project’’. 

12 SEC. 127. NATIONAL LOW-HEAD DAM INVENTORY. 

13 The National Dam Safety Program Act (33 U.S.C. 

14 467 et seq.) is amended by adding at the end the fol15 lowing: 

16 ‘‘SEC. 15. NATIONAL LOW-HEAD DAM INVENTORY. 

17 ‘‘(a) DEFINITIONS.—In this section: 

18 ‘‘(1) INVENTORY.—The term ‘inventory’ means 

19 the national low-head dam inventory developed 

20 under subsection (b)(1). 

21 ‘‘(2) LOW-HEAD DAM.—The term ‘low-head 

22 dam’ means a river-wide dam that generally spans 

23 a stream channel, blocking the waterway and cre24 ating a backup of water behind the dam, with a drop 


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1 off over the wall of not less than 6 inches and not 

2 more than 25 feet. 

3 ‘‘(3) SECRETARY.—The term ‘Secretary’ means 

4 the Secretary of the Army. 

5 ‘‘(b) NATIONAL LOW-HEAD DAM INVENTORY.— 

6 ‘‘(1) IN GENERAL.—Not later than 18 months 

7 after the date of enactment of this section, the Sec8 retary, in consultation with the heads of appropriate 

9 Federal and State agencies, shall— 

10 ‘‘(A) develop an inventory of low-head 

11 dams in the United States that includes— 

12 ‘‘(i) the location, ownership, descrip13 tion, current use, condition, height, and 

14 length of each low-head dam; 

15 ‘‘(ii) any information on public safety 

16 conditions at each low-head dam; 

17 ‘‘(iii) public safety information on the 

18 dangers of low-head dams; 

19 ‘‘(iv) a directory of financial and tech20 nical assistance resources available to re21 duce safety hazards and fish passage bar22 riers at low-head dams; and 

23 ‘‘(v) any other relevant information 

24 concerning low-head dams; and 


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1 ‘‘(B) submit the inventory to the Com2 mittee on Environment and Public Works of the 

3 Senate and the Committee on Transportation 

4 and Infrastructure of the House of Representa5 tives. 

6 ‘‘(2) DATA.—In carrying out this subsection, 

7 the Secretary shall— 

8 ‘‘(A) coordinate with Federal and State 

9 agencies and other relevant entities; and 

10 ‘‘(B) use data provided to the Secretary by 

11 those agencies. 

12 ‘‘(3) UPDATES.—The Secretary, in consultation 

13 with appropriate Federal and State agencies, shall 

14 maintain and periodically publish updates to the in15 ventory. 

16 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

17 is authorized to be appropriated to the Secretary to carry 

18 out this section $30,000,000. 

19 ‘‘(d) CLARIFICATION.—Nothing in this section pro20 vides authority to the Secretary to carry out an activity, 

21 with respect to a low-head dam, that is not explicitly au22 thorized under this section.’’. 

23 SEC. 128. TRANSFER OF EXCESS CREDIT. 

24 Section 1020 of the Water Resources Reform and De25 velopment Act of 2014 (33 U.S.C. 2223) is amended— 


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

2 following: 

3 ‘‘(3) STUDIES AND PROJECTS WITH MULTIPLE

4 NON-FEDERAL INTERESTS.—A credit described in 

5 paragraph (1) for a study or project with multiple 

6 non-Federal interests may be applied to the required 

7 non-Federal cost share for a study or project of any 

8 of those non-Federal interests, subject to the condi9 tion that each non-Federal interest for the study or 

10 project for which the credit described in paragraph 

11 (1) is provided concurs in writing.’’; 

12 (2) in subsection (b), by adding at the end the 

13 following: 

14 ‘‘(3) CONDITIONAL APPROVAL OF EXCESS

15 CREDIT.—The Secretary may approve credit in ex16 cess of the non-Federal share for a study or project 

17 prior to the identification of each authorized study 

18 or project to which the excess credit will be applied, 

19 subject to the condition that the non-Federal inter20 est agrees to submit for approval by the Secretary 

21 an amendment to the comprehensive plan prepared 

22 under paragraph (2) that identifies each authorized 

23 study or project in advance of execution of the feasi24 bility cost sharing agreement or project partnership 

25 agreement for that authorized study or project.’’; 


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1 (3) by striking subsection (d); and 

2 (4) by redesignating subsection (e) as sub3 section (d). 

4 SEC. 129. NATIONAL LEVEE RESTORATION. 

5 (a) DEFINITION OF REHABILITATION.—Section 

6 9002(13) of the Water Resources Development Act of 

7 2007 (33 U.S.C. 3301(13)) is amended— 

8 (1) by inserting ‘‘, or improvement’’ after ‘‘re9 moval’’; and 

10 (2) by inserting ‘‘, increase resiliency to ex11 treme weather events,’’ after ‘‘flood risk’’. 

12 (b) LEVEE REHABILITATION ASSISTANCE PRO13 GRAM.—Section 9005(h) of the Water Resources Develop14 ment Act of 2007 (33 U.S.C. 3303a(h)) is amended— 

15 (1) in paragraph (7), by striking 

16 ‘‘$10,000,000’’ and inserting ‘‘$25,000,000’’; and 

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

18 ‘‘(11) PRIORITIZATION.—To the maximum ex19 tent practicable, the Secretary shall prioritize the 

20 provision of assistance under this subsection to eco21 nomically disadvantaged communities (as defined 

22 pursuant to section 160 of the Water Resources De23 velopment Act of 2020 (33 U.S.C. 2201 note; Public 

24 Law 116–260)).’’. 


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1 SEC. 130. INLAND WATERWAYS REGIONAL DREDGE PILOT 

2 PROGRAM. 

3 Section 1111 of the America’s Water Infrastructure 

4 Act of 2018 (33 U.S.C. 2326 note; Public Law 115–270) 

5 is amended by adding at the end the following: 

6 ‘‘(e) INLAND WATERWAYS REGIONAL DREDGE PILOT

7 PROGRAM.— 

8 ‘‘(1) IN GENERAL.—The Secretary is authorized 

9 to establish a pilot program (referred to in this sub10 section as the ‘pilot program’) to conduct a 

11 multiyear dredging demonstration program to award 

12 contracts with a duration of up to 5 years for 

13 projects on inland waterways. 

14 ‘‘(2) PURPOSES.—The purposes of the pilot 

15 program shall be— 

16 ‘‘(A) to increase the reliability, availability, 

17 and efficiency of federally-owned and federally18 operated inland waterways projects; 

19 ‘‘(B) to decrease operational risks across 

20 the inland waterways system; and 

21 ‘‘(C) to provide cost-savings by combining 

22 work across multiple projects across different 

23 accounts of the Corps of Engineers. 

24 ‘‘(3) DEMONSTRATION.— 

25 ‘‘(A) IN GENERAL.—The Secretary shall, 

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1 tracts for projects on inland waterways that 

2 combine work across the Construction and Op3 eration and Maintenance accounts of the Corps 

4 of Engineers. 

5 ‘‘(B) PROJECTS.— In awarding contracts 

6 under subparagraph (A), the Secretary shall 

7 consider projects that— 

8 ‘‘(i) improve navigation reliability on 

9 inland waterways that are accessible year10 round; 

11 ‘‘(ii) increase freight capacity on in12 land waterways; and 

13 ‘‘(iii) have the potential to enhance 

14 the availability of containerized cargo on 

15 inland waterways. 

16 ‘‘(4) SAVINGS CLAUSE.—Nothing in this sub17 section affects the responsibility of the Secretary 

18 with respect to the construction and operations and 

19 maintenance of projects on the inland waterways 

20 system. 

21 ‘‘(5) REPORT TO CONGRESS.—Not later than 1 

22 year after the date on which the first contract is 

23 awarded pursuant to the pilot program, the Sec24 retary shall submit to the Committee on Environ25 ment and Public Works of the Senate and the ComVerDate Sep 11 2014 02:00 May 05, 2022 Jkt 029200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\S4136.RS S4136

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1 mittee on Transportation and Infrastructure of the 

2 House of Representatives a report that evaluates, 

3 with respect to the pilot program and any contracts 

4 awarded under the pilot program— 

5 ‘‘(A) cost effectiveness; 

6 ‘‘(B) reliability and performance; 

7 ‘‘(C) cost savings attributable to mobiliza8 tion and demobilization of dredge equipment; 

9 and 

10 ‘‘(D) response times to address naviga11 tional impediments. 

12 ‘‘(6) SUNSET.—The authority of the Secretary 

13 to enter into contracts pursuant to the pilot program 

14 shall expire on the date that is 10 years after the 

15 date of enactment of this Act.’’. 

16 SEC. 131. FUNDING TO PROCESS PERMITS. 

17 Section 214(a)(2) of the Water Resources Develop18 ment Act of 2000 (33 U.S.C. 2352(a)(2)) is amended— 

19 (1) by striking ‘‘The Secretary’’ and inserting 

20 the following: 

21 ‘‘(A) IN GENERAL.—The Secretary’’; and 

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

23 ‘‘(B) MULTI-USER MITIGATION BANK IN24 STRUMENT PROCESSING.— 


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1 ‘‘(i) IN GENERAL.—An activity carried 

2 out by the Secretary to expedite evaluation 

3 of a permit described in subparagraph (A) 

4 may include the evaluation of an instru5 ment for a mitigation bank if— 

6 ‘‘(I) the non-Federal public enti7 ty, public-utility company, natural gas 

8 company, or railroad carrier applying 

9 for the permit described in that sub10 paragraph is the sponsor of the miti11 gation bank; and 

12 ‘‘(II) expediting evaluation of the 

13 instrument is necessary to expedite 

14 evaluation of the permit described in 

15 that subparagraph. 

16 ‘‘(ii) USE OF CREDITS.—The use of 

17 credits generated by the mitigation bank 

18 established using expedited processing 

19 under clause (i) shall be limited to current 

20 and future projects and activities of the 

21 entity, company, or carrier described in 

22 subclause (I) of that clause for a public 

23 purpose, except that in the case of a non24 Federal public entity, not more than 25 


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1 percent of the credits may be sold to other 

2 public and private entities.’’. 

3 SEC. 132. NON-FEDERAL PROJECT IMPLEMENTATION 

4 PILOT PROGRAM. 

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

6 Development Act of 2014 (33 U.S.C. 2201 note; Public 

7 Law 113–121) is amended— 

8 (1) in paragraph (3), by inserting ‘‘or discrete 

9 segment’’ after ‘‘separable element’’ each place it ap10 pears; and 

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

12 ‘‘(10) DEFINITION OF DISCRETE SEGMENT.—In 

13 this subsection, the term ‘discrete segment’ means a 

14 physical portion of a project or separable element 

15 that the non-Federal interest can operate and main16 tain, independently and without creating a hazard, 

17 in advance of final completion of the water resources 

18 development project, or separable element thereof.’’. 

19 SEC. 133. COST SHARING FOR TERRITORIES AND INDIAN 

20 TRIBES. 

21 Section 1156 of the Water Resources Development 

22 Act of 1986 (33 U.S.C. 2310) is amended by adding at 

23 the end the following: 

24 ‘‘(c) APPLICATION TO STUDIES.— 


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1 ‘‘(1) INCLUSION.—For purposes of this section, 

2 the term ‘study’ includes watershed assessments. 

3 ‘‘(2) APPLICATION.—The Secretary shall apply 

4 the waiver amount described in subsection (a) to re5 duce only the non-Federal share of study costs.’’. 

6 SEC. 134. WATER SUPPLY CONSERVATION. 

7 Section 1116 of the WIIN Act (130 Stat. 1639) is 

8 amended— 

9 (1) in subsection (a), in the matter preceding 

10 paragraph (1), by striking ‘‘during the 1-year period 

11 ending on the date of enactment of this Act’’ and in12 serting ‘‘for at least 2 years during the 10-year pe13 riod preceding a request from a non-Federal interest 

14 for assistance under this section’’; and 

15 (2) in subsection (b)(4), by inserting ‘‘, includ16 ing measures utilizing a natural feature or nature17 based feature (as those terms are defined in section 

18 1184(a)) to reduce drought risk’’ after ‘‘water sup19 ply’’. 

20 SEC. 135. CRITERIA FOR FUNDING OPERATION AND MAIN21 TENANCE OF SMALL, REMOTE, AND SUBSIST22 ENCE HARBORS. 

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

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

25 specific criteria for the annual evaluation and ranking of 


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1 maintenance dredging requirements for small, remote, and 

2 subsistence harbors, taking into account the criteria pro3 vided in the joint explanatory statement of managers ac4 companying division D of the Consolidated Appropriations 

5 Act, 2021 (Public Law 116–260; 134 Stat. 1352). 

6 (b) INCLUSION IN GUIDANCE.—The Secretary shall 

7 include the criteria developed under subsection (a) in the 

8 annual Civil Works Direct Program Development Policy 

9 Guidance of the Secretary. 

10 (c) REPORT TO CONGRESS.—For fiscal year 2024, 

11 and biennially thereafter, in conjunction with the annual 

12 budget submission of the President under section 1105(a) 

13 of title 31, United States Code, the Secretary shall submit 

14 to the Committees on Environment and Public Works and 

15 Appropriations of the Senate and the Committees on 

16 Transportation and Infrastructure and Appropriations of 

17 the House of Representatives a report that identifies the 

18 ranking of projects in accordance with the criteria devel19 oped under subsection (a). 

20 SEC. 136. PROTECTION OF LIGHTHOUSES. 

21 Section 14 of the Flood Control Act of 1946 (33 

22 U.S.C. 701r) is amended by inserting ‘‘lighthouses, includ23 ing those lighthouses with historical value,’’ after 

24 ‘‘schools,’’. 


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1 SEC. 137. EXPEDITING HYDROPOWER AT CORPS OF ENGI2 NEERS FACILITIES. 

3 Section 1008 of the Water Resources Reform and De4 velopment Act of 2014 (33 U.S.C. 2321b) is amended— 

5 (1) in subsection (b)(1), by inserting ‘‘and to 

6 meet the requirements of subsection (b)’’ after 

7 ‘‘projects’’; 

8 (2) by redesignating subsections (b) and (c) as 

9 subsections (c) and (d), respectively; and 

10 (3) by inserting after subsection (a) the fol11 lowing: 

12 ‘‘(b) IMPLEMENTATION OF POLICY.—The Secretary 

13 shall— 

14 ‘‘(1) ensure that the policy described in sub15 section (a) is implemented nationwide in an efficient, 

16 consistent, and coordinated manner; and 

17 ‘‘(2) assess opportunities— 

18 ‘‘(A) to increase the development of hydro19 electric power at existing hydroelectric water re20 sources development projects of the Corps of 

21 Engineers; and 

22 ‘‘(B) to develop new hydroelectric power at 

23 nonpowered water resources development 

24 projects of the Corps of Engineers.’’. 


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1 SEC. 138. MATERIALS, SERVICES, AND FUNDS FOR REPAIR, 

2 RESTORATION, OR REHABILITATION OF CER3 TAIN PUBLIC RECREATION FACILITIES. 

4 (a) DEFINITION OF ELIGIBLE PUBLIC RECREATION

5 FACILITY.—In this section, the term ‘‘eligible public recre6 ation facility’’ means a facility at a reservoir operated by 

7 the Corps of Engineers that— 

8 (1) was constructed to enable public use of and 

9 access to the reservoir; and 

10 (2) requires repair, restoration, or rehabilitation 

11 to function. 

12 (b) AUTHORIZATION.—During a period of low water 

13 at an eligible public recreation facility, the Secretary is 

14 authorized— 

15 (1) to accept and use materials, services, and 

16 funds from a non-Federal interest to repair, restore, 

17 or rehabilitate the facility; and 

18 (2) to reimburse the non-Federal interest for 

19 the Federal share of the materials, services, or 

20 funds. 

21 (c) REQUIREMENT.—The Secretary may not reim22 burse a non-Federal interest for the use of materials or 

23 services accepted under this section unless the materials 

24 or services— 

25 (1) meet the specifications of the Secretary; and 


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1 (2) comply with all applicable laws and regula2 tions that would apply if the materials and services 

3 were acquired by the Secretary, including subchapter 

4 IV of chapter 31 and chapter 37 of title 40, United 

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

6 Code, and the National Environmental Policy Act of 

7 1969 (42 U.S.C. 4321 et seq.). 

8 (d) AGREEMENT.—Before the acceptance of mate9 rials, services, or funds under this section, the Secretary 

10 and the non-Federal interest shall enter into an agreement 

11 that— 

12 (1) specifies that the non-Federal interest shall 

13 hold and save the United States free from any and 

14 all damages that arise from use of materials or serv15 ices of the non-Federal interest, except for damages 

16 due to the fault or negligence of the United States 

17 or its contractors; 

18 (2) requires that the non-Federal interest shall 

19 certify that the materials or services comply with all 

20 applicable laws and regulations under subsection (c); 

21 and 

22 (3) includes any other term or condition re23 quired by the Secretary. 


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1 SEC. 139. DREDGED MATERIAL MANAGEMENT PLANS. 

2 (a) IN GENERAL.—The Secretary shall prioritize im3 plementation of section 125(c) of the Water Resources De4 velopment Act of 2020 (33 U.S.C. 2326h) at federally au5 thorized harbors in the State of Ohio. 

6 (b) REQUIREMENTS.—Each dredged material man7 agement plan prepared by the Secretary under section 

8 125(c) of the Water Resources Development Act of 2020 

9 (33 U.S.C. 2326h) for a federally authorized harbor in 

10 the State of Ohio shall— 

11 (1) include, in the baseline conditions, an an12 nual prohibition on use of funding for open-lake dis13 posal of dredged material; and 

14 (2) maximize beneficial use of dredged material 

15 under the base plan and under section 204(d) of the 

16 Water Resources Development Act of 1992 (33 

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

18 (c) SAVINGS PROVISION.—This section does not— 

19 (1) impose a prohibition on use of funding for 

20 open-lake disposal of dredged material; or 

21 (2) require the development or implementation 

22 of a dredged material management plan in accord23 ance with subsection (b) if use of funding for open24 lake disposal is not otherwise prohibited by law. 


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1 SEC. 140. LEASE DEVIATIONS. 

2 The Secretary shall fully implement the requirements 

3 of section 153 of the Water Resources Development Act 

4 of 2020 (134 Stat. 2658). 

5 SEC. 141. COLUMBIA RIVER BASIN FLOOD RISK MANAGE6 MENT. 

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

8 utilize all existing authorities of the Secretary to facili9 tate— 

10 (1) the renegotiation of the Treaty Relating to 

11 Cooperative Development of the Water Resources of 

12 the Columbia River Basin, signed at Washington 

13 January 17, 1961 (15 UST 1555; TIAS 5638); and 

14 (2) the execution of the obligations of the 

15 United States under the Treaty described in para16 graph (1). 

17 (b) STATUS UPDATES.—Not later than 90 days after 

18 the enactment of this Act and not less frequently than 

19 biannually thereafter, the Secretary shall update the Com20 mittee on Environment and Public Works of the Senate 

21 and the Committee on Transportation and Infrastructure 

22 of the House of Representatives on— 

23 (1) the status of activities carried out by the 

24 Secretary under subsection (a); and 


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1 (2) any recommendations for legislation to au2 thorize the Secretary to carry out additional activi3 ties for the purposes described in subsection (a). 

4 (c) EXPIRATION.—The requirements of subsection 

5 (b) shall terminate on the date that is not later than 1 

6 year after ratification of any successor treaty to the Trea7 ty described in subsection (a)(1). 

8 SEC. 142. CONTINUATION OF CONSTRUCTION. 

9 (a) IN GENERAL.—The Secretary shall not include 

10 the amount of Federal obligations incurred and non-Fed11 eral contributions provided for an authorized water re12 sources development project during the period beginning 

13 on the date of enactment of this Act and ending on Sep14 tember 30, 2025, for purposes of determining if the cost 

15 of the project exceeds the maximum cost of the project 

16 under section 902 of the Water Resources Development 

17 Act of 1986 (33 U.S.C. 2280). 

18 (b) CONTINUATION OF CONSTRUCTION.— 

19 (1) IN GENERAL.—The Secretary shall not, 

20 solely on the basis of section 902 of the Water Re21 sources Development Act of 1986 (33 U.S.C. 

22 2280)— 

23 (A) defer the initiation or continuation of 

24 construction of a water resources development 


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1 project during the period described in sub2 section (a); or 

3 (B) terminate a contract for design or con4 struction of a water resources development 

5 project entered into during the period described 

6 in subsection (a) after expiration of that period. 

7 (2) RESUMPTION OF CONSTRUCTION.—The 

8 Secretary shall resume construction of any water re9 sources development project for which construction 

10 was deferred on the basis of section 902 of the 

11 Water Resources Development Act of 1986 (33 

12 U.S.C. 2280) during the period beginning on Octo13 ber 1, 2021, and ending on the date of enactment 

14 of this Act. 

15 (c) STATUTORY CONSTRUCTION.—Nothing in this 

16 section waives the obligation of the Secretary to submit 

17 to the Committee on Environment and Public Works of 

18 the Senate and the Committee on Transportation and In19 frastructure of the House of Representatives a post-au20 thorization change report recommending an increase in 

21 the authorized cost of a project if the project otherwise 

22 would exceed the maximum cost of the project under sec23 tion 902 of the Water Resources Development Act of 1986 

24 (33 U.S.C. 2280). 


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1 TITLE II—STUDIES AND 

2 REPORTS 

3 SEC. 201. AUTHORIZATION OF FEASIBILITY STUDIES. 

4 (a) IN GENERAL.—The Secretary is authorized to in5 vestigate the feasibility of the following projects: 

6 (1) Project for ecosystem restoration, Mill 

7 Creek Levee and Walla Walla River, Oregon. 

8 (2) Project for flood risk management and eco9 system restoration, Tittabawassee River, Chippewa 

10 River, Pine River, and Tobacco River, Michigan. 

11 (3) Project for flood risk management, South12 east Michigan. 

13 (4) Project for flood risk management, 

14 McMicken Dam, Arizona. 

15 (5) Project for flood risk management, Ellicott 

16 City and Howard County, Maryland. 

17 (6) Project for flood risk management, Ten 

18 Mile River, North Attleboro, Massachusetts. 

19 (7) Project for flood risk management and 

20 water supply, Fox-Wolf Basin, Wisconsin. 

21 (8) Project for flood risk management and eco22 system restoration, Thatchbed Island, Essex, Con23 necticut. 


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1 (9) Project for flood and coastal storm risk 

2 management, Cape Fear River Basin, North Caro3 lina. 

4 (10) Project for flood risk management, Lower 

5 Clear Creek and Dickinson Bayou, Texas. 

6 (11) Project for flood risk management and 

7 ecosystem restoration, the Resacas, Hidalgo and 

8 Cameron Counties, Texas. 

9 (12) Project for flood risk management, includ10 ing levee improvement, Papillion Creek, Nebraska. 

11 (13) Project for flood risk management, Offutt 

12 Ditch Pump Station, Nebraska. 

13 (14) Project for flood risk management, naviga14 tion, and ecosystem restoration, Mohawk River 

15 Basin, New York. 

16 (15) Project for coastal storm risk manage17 ment, Waikiki Beach, Hawaii. 

18 (16) Project for ecosystem restoration and 

19 coastal storm risk management, Cumberland and 

20 Sea Islands, Georgia. 

21 (17) Project for flood risk management, 

22 Wailupe Stream watershed, Hawaii. 

23 (18) Project for flood and coastal storm risk 

24 management, Hawaii County, Hawaii. 


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1 (19) Project for coastal storm risk manage2 ment, Maui County, Hawaii. 

3 (20) Project for flood risk management, Sarpy 

4 County, Nebraska. 

5 (21) Project for aquatic ecosystem restoration, 

6 including habitat for endangered salmon, Columbia 

7 River Basin. 

8 (22) Project for ecosystem restoration, flood 

9 risk management, and recreation, Newport, Ken10 tucky. 

11 (23) Project for flood risk management and 

12 water supply, Jenkins, Kentucky. 

13 (24) Project for flood risk management, includ14 ing riverbank stabilization, Columbus, Kentucky. 

15 (25) Project for flood and coastal storm risk 

16 management, navigation, and ecosystem restoration, 

17 South Shore, Long Island, New York. 

18 (26) Project for flood risk management, coastal 

19 storm risk management, navigation, ecosystem res20 toration, and water supply, Blind Brook, New York. 

21 (27) Project for navigation, Cumberland River, 

22 Kentucky. 

23 (b) PROJECT MODIFICATIONS.—The Secretary is au24 thorized to investigate the feasibility of the following modi25 fications to the following projects: 


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1 (1) Modifications to the project for navigation, 

2 South Haven Harbor, Michigan, for turning basin 

3 improvements. 

4 (2) Modifications to the project for navigation, 

5 Rollinson Channel and channel from Hatteras Inlet 

6 to Hatteras, North Carolina, authorized by section 

7 101 of the River and Harbor Act of 1962 (76 Stat. 

8 1174), to incorporate the ocean bar. 

9 (3) Modifications to the project for flood con10 trol, Saint Francis River Basin, Missouri and Ar11 kansas, authorized by section 204 of the Flood Con12 trol Act of 1950 (64 Stat. 172, chapter 188), to pro13 vide flood risk management for the tributaries and 

14 drainage of Straight Slough, Craighead, Poinsett, 

15 and Cross Counties, Arkansas. 

16 (4) Modifications to the project for flood risk 

17 management, Cedar River, Cedar Rapids, Iowa, au18 thorized by section 7002(2) of the Water Resources 

19 Reform and Development Act of 2014 (128 Stat. 

20 1366), consistent with the City of Cedar Rapids, 

21 Iowa, Cedar River Flood Control System Master 

22 Plan. 

23 (5) Modifications to the project for navigation, 

24 Norfolk Harbor and Channels, Virginia, for Anchor25 age F modifications. 


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1 (6) Modifications to the project for navigation, 

2 Savannah Harbor, Georgia, without evaluation of 

3 additional deepening. 

4 (7) Modifications to the project for navigation, 

5 Honolulu Harbor, Hawaii, for navigation improve6 ments and coastal storm risk management. 

7 (8) Modifications to the project for navigation, 

8 Port of Ogdensburg, New York, including deepening. 

9 (9) Modifications to the Huntington Local Pro10 tection Project, Huntington, West Virginia. 

11 SEC. 202. SPECIAL RULES. 

12 (a) The studies authorized by paragraphs (12) and 

13 (13) of section 201(a) shall be considered a continuation 

14 of the study that resulted in the Chief’s Report for the 

15 project for Papillion Creek and Tributaries Lakes, Ne16 braska, signed January 24, 2022. 

17 (b) The study authorized by section 201(a)(17) shall 

18 be considered a resumption and a continuation of the gen19 eral reevaluation initiated on December 30, 2003. 

20 (c) In carrying out the study authorized by section 

21 201(a)(25), the Secretary shall study the South Shore of 

22 Long Island, New York, as a whole system, including in23 lets that are Federal channels. 


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1 (d) The studies authorized by section 201(b) shall be 

2 considered new phase investigations afforded the same 

3 treatment as a general reevaluation. 

4 SEC. 203. EXPEDITED COMPLETION OF STUDIES. 

5 (a) FEASIBILITY REPORTS.—The Secretary shall ex6 pedite the completion of a feasibility study for each of the 

7 following projects, and if the Secretary determines that 

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

9 directly to preconstruction planning, engineering, and de10 sign of the project: 

11 (1) Modifications to the project for flood risk 

12 management, North Adams, Massachusetts, author13 ized by section 5 of the Act of June 22, 1936 (com14 monly known as the ‘‘Flood Control Act of 1936’’) 

15 (49 Stat. 1572, chapter 688; 33 U.S.C. 701h), and 

16 section 3 of the Act of August 18, 1941 (commonly 

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

18 Stat. 639, chapter 377), for flood risk management 

19 and ecosystem restoration. 

20 (2) Project for coastal storm risk management, 

21 Charleston Peninsula, South Carolina. 

22 (3) Project for flood and coastal storm risk 

23 management and ecosystem restoration, Boston 

24 North Shore, Revere, Saugus, Lynn, Maiden, and 

25 Everett, Massachusetts. 


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1 (4) Project for flood risk management, De Soto 

2 County, Mississippi. 

3 (5) Project for coastal storm risk management, 

4 Chicago shoreline, Illinois. 

5 (6) Project for flood risk management, Cave 

6 Buttes Dam, Arizona. 

7 (7) Project for flood and coastal storm risk 

8 management, Chelsea, Massachusetts, authorized by 

9 a study resolution of the Committee on Public 

10 Works of the Senate dated September 12, 1969. 

11 (8) Project for ecosystem restoration, Herring 

12 River Estuary, Barnstable County, Massachusetts, 

13 authorized by a study resolution of the Committee 

14 on Transportation and Infrastructure of the House 

15 of Representatives dated July 23, 1997. 

16 (9) Project for coastal storm risk management, 

17 ecosystem restoration, and navigation, Nauset Bar18 rier Beach and inlet system, Chatham, Massachu19 setts, authorized by a study resolution of the Com20 mittee on Public Works of the Senate dated Sep21 tember 12, 1969. 

22 (10) Project for flood risk management, East 

23 Hartford Levee System, Connecticut. 

24 (11) Project for flood risk management, Rah25 way, New Jersey, authorized by section 336 of the 


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1 Water Resources Development Act of 2020 (134 

2 Stat. 2712). 

3 (12) New York and New Jersey Harbor Chan4 nel Deepening Improvements, New York and New 

5 Jersey. 

6 (13) Project for coastal storm risk manage7 ment, Sea Bright to Manasquan, New Jersey. 

8 (14) Project for coastal storm risk manage9 ment, Raritan Bay and Sandy Hook Bay, New Jer10 sey. 

11 (15) Tacoma Harbor Navigation Improvement 

12 Project, Washington. 

13 (16) Project for coastal storm risk manage14 ment, South Central Coastal Louisiana, Louisiana. 

15 (17) Project for coastal storm risk manage16 ment, St. Tammany Parish, Louisiana. 

17 (18) Project for ecosystem restoration, Fox 

18 River, Illinois, authorized by section 519 of the 

19 Water Resources Development Act of 2000 (114 

20 Stat. 2653). 

21 (19) Project for ecosystem restoration, Chicago 

22 River, Illinois. 

23 (20) Project for ecosystem restoration, Three 

24 Forks of Beargrass Creek, Kentucky. 


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1 (21) Project for ecosystem restoration, Lake 

2 Okeechobee, Florida. 

3 (22) Project for ecosystem restoration, Western 

4 Everglades, Florida. 

5 (23) Modifications to the project for navigation, 

6 Hilo Harbor, Hawaii. 

7 (24) Project for flood risk management, 

8 Kanawha River Basin, West Virginia, Virginia, 

9 North Carolina. 

10 (25) Modifications to the project for navigation, 

11 Auke Bay, Alaska. 

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

13 Secretary shall expedite completion of a post-authorization 

14 change report for the following projects: 

15 (1) Project for ecosystem restoration, Tres 

16 Rios, Arizona, authorized by section 101(b)(4) of the 

17 Water Resources Development Act of 2000 (114 

18 Stat. 2577). 

19 (2) Project for coastal storm risk management, 

20 Surf City and North Topsail Beach, North Carolina, 

21 authorized by section 7002(3) of the Water Re22 sources Reform and Development Act of 2014 (128 

23 Stat. 1367). 

24 (3) Project for water supply and ecosystem res25 toration, Howard A. Hanson Dam, Washington, auVerDate Sep 11 2014 02:00 May 05, 2022 Jkt 029200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\S4136.RS S4136

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1 thorized by section 101(b)(15) of the Water Re2 sources Development Act of 1999 (113 Stat. 281). 

3 (4) Project for ecosystem restoration, Central 

4 and Southern Florida, Indian River Lagoon, Flor5 ida, authorized by section 1001(14) of the Water 

6 Resources Development Act of 2007 (121 Stat. 

7 1051). 

8 (c) WATERSHED AND RIVER BASIN ASSESSMENTS.— 

9 The Secretary shall expedite the completion of the fol10 lowing assessments under section 729 of the Water Re11 sources Development Act of 1986 (33 U.S.C. 2267a): 

12 (1) Great Lakes Coastal Resiliency Study, Illi13 nois, Indiana, Michigan, Minnesota, New York, 

14 Ohio, Pennsylvania, and Wisconsin. 

15 (2) Ouachita-Black Rivers, Arkansas and Lou16 isiana. 

17 (3) Project for watershed assessment, Hawaii 

18 County, Hawaii. 

19 (d) DISPOSITION STUDY.—The Secretary shall expe20 dite the completion of the disposition study for the Los 

21 Angeles County Drainage Area under section 216 of the 

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


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1 SEC. 204. STUDIES FOR PERIODIC NOURISHMENT. 

2 (a) IN GENERAL.—Section 156 of the Water Re3 sources Development Act of 1976 (42 U.S.C. 1962d–5f)) 

4 is amended— 

5 (1) in subsection (b)— 

6 (A) in paragraph (1), by striking ‘‘15’’ and 

7 inserting ‘‘50’’; and 

8 (B) in paragraph (2), by striking ‘‘15’’; 

9 (2) in subsection (e)— 

10 (A) by striking ‘‘10-year period’’ and in11 serting ‘‘16-year period’’; and 

12 (B) by striking ‘‘6 years’’ and inserting 

13 ‘‘12 years’’; and 

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

15 ‘‘(f) TREATMENT OF STUDIES.—A study carried out 

16 under subsection (b) shall be considered a new phase in17 vestigation afforded the same treatment as a general re18 evaluation.’’. 

19 (b) INDIAN RIVER INLET SAND BYPASS PLANT.— 

20 For purposes of the project for coastal storm risk manage21 ment, Delaware Coast Protection, Delaware (commonly 

22 known as the ‘‘Indian River Inlet Sand Bypass Plant’’), 

23 authorized by section 869 of the Water Resources Devel24 opment Act of 1986 (100 Stat. 4182), a study carried out 

25 under section 156(b) of the Water Resources Development 

26 Act of 1976 (42 U.S.C. 1962d–5f(b)) shall consider as an 


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1 alternative for periodic nourishment continued reimburse2 ment of the Federal share of the cost to the non-Federal 

3 interest for the project to operate and maintain a sand 

4 bypass plant. 

5 SEC. 205. NEPA REPORTING. 

6 (a) DEFINITIONS.—In this section: 

7 (1) CATEGORICAL EXCLUSION.—The term ‘‘cat8 egorical exclusion’’ has the meaning given the term 

9 in section 1508.1 of title 40, Code of Federal Regu10 lations (or a successor regulation). 

11 (2) ENVIRONMENTAL ASSESSMENT.—The term 

12 ‘‘environmental assessment’’ has the meaning given 

13 the term in section 1508.1 of title 40, Code of Fed14 eral Regulations (or a successor regulation). 

15 (3) ENVIRONMENTAL IMPACT STATEMENT.— 

16 The term ‘‘environmental impact statement’’ means 

17 a detailed written statement required under section 

18 102(2)(C) of the National Environmental Policy Act 

19 of 1969 (42 U.S.C. 4332(2)(C)). 

20 (4) FINDING OF NO SIGNIFICANT IMPACT.—The 

21 term ‘‘finding of no significant impact’’ has the 

22 meaning given the term in section 1508.1 of title 40, 

23 Code of Federal Regulations (or a successor regula24 tion). 

25 (5) NEPA PROCESS.— 


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1 (A) IN GENERAL.—The term ‘‘NEPA 

2 process’’ has the meaning given the term in sec3 tion 1508.1 of title 40, Code of Federal Regula4 tions (or a successor regulation). 

5 (B) PERIOD.—For purposes of subpara6 graph (A), the NEPA process— 

7 (i) begins on the date on which the 

8 Secretary initiates a project study; and 

9 (ii) ends on the date on which the 

10 Secretary issues, with respect to the 

11 project study— 

12 (I) a record of decision, includ13 ing, if necessary, a revised record of 

14 decision; 

15 (II) a finding of no significant 

16 impact; or 

17 (III) a categorical exclusion 

18 under title I of the National Environ19 mental Policy Act of 1969 (42 U.S.C. 

20 4331 et seq.). 

21 (6) PROJECT STUDY.—The term ‘‘project 

22 study’’ means a feasibility study for a project carried 

23 out pursuant to section 905 of the Water Resources 

24 Development Act of 1986 (33 U.S.C. 2282) for 

25 which a categorical exclusion, an environmental asVerDate Sep 11 2014 02:00 May 05, 2022 Jkt 029200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\S4136.RS S4136

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1 sessment, or an environmental impact statement is 

2 required pursuant to the National Environmental 

3 Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

4 (b) REPORTS.— 

5 (1) NEPA DATA.— 

6 (A) IN GENERAL.—The Secretary shall 

7 carry out a process to track, and annually sub8 mit to the Committee on Environment and 

9 Public Works of the Senate and the Committee 

10 on Transportation and Infrastructure of the 

11 House of Representatives a report containing, 

12 the information described in subparagraph (B). 

13 (B) INFORMATION DESCRIBED.—The in14 formation referred to in subparagraph (A) is, 

15 with respect to the Corps of Engineers— 

16 (i) the number of project studies for 

17 which a categorical exclusion was used dur18 ing the reporting period; 

19 (ii) the number of project studies for 

20 which the decision to use a categorical ex21 clusion, to prepare an environmental as22 sessment, or to prepare an environmental 

23 impact statement is pending on the date 

24 on which the report is submitted; 


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1 (iii) the number of project studies for 

2 which an environmental assessment was 

3 issued during the reporting period, broken 

4 down by whether a finding of no signifi5 cant impact, if applicable, was based on 

6 mitigation; 

7 (iv) the length of time the Corps of 

8 Engineers took to complete each environ9 mental assessment described in clause (iii); 

10 (v) the number of project studies 

11 pending on the date on which the report is 

12 submitted for which an environmental as13 sessment is being drafted; 

14 (vi) the number of project studies for 

15 which an environmental impact statement 

16 was issued during the reporting period; 

17 (vii) the length of time the Corps of 

18 Engineers took to complete each environ19 mental impact statement described in 

20 clause (vi); and 

21 (viii) the number of project studies 

22 pending on the date on which the report is 

23 submitted for which an environmental im24 pact statement is being drafted. 


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1 (2) PUBLIC ACCESS TO NEPA REPORTS.—The 

2 Secretary shall make publicly available each annual 

3 report required under paragraph (1). 

4 SEC. 206. GAO AUDIT OF PROJECTS OVER BUDGET OR BE5 HIND SCHEDULE. 

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

7 date of enactment of this Act, the Comptroller General 

8 of the United States shall conduct a review of the factors 

9 and conditions for each ongoing water resources develop10 ment project carried out by the Secretary for which— 

11 (1) the current estimated total project cost of 

12 the project exceeds the original estimated total 

13 project cost of the project by not less than 

14 $50,000,000; or 

15 (2) the current estimated completion date of the 

16 project exceeds the original estimated completion 

17 date of the project by not less than 5 years. 

18 (b) REPORT.—The Comptroller General of the 

19 United States shall submit to the Committee on Environ20 ment and Public Works of the Senate and the Committee 

21 on Transportation and Infrastructure of the House of 

22 Representatives a report on the findings of the review 

23 under subsection (a). 


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1 SEC. 207. GAO STUDY ON PROJECT DISTRIBUTION. 

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

3 date of enactment of this Act, the Comptroller General 

4 of the United States shall conduct an analysis of the geo5 graphic distribution of annual and supplemental funding 

6 for water resources development projects carried out by 

7 the Secretary over the previous 10 fiscal years and the 

8 factors that have led to that distribution. 

9 (b) REPORT.—The Comptroller General of the 

10 United States shall submit to the Committee on Environ11 ment and Public Works of the Senate and the Committee 

12 on Transportation and Infrastructure of the House of 

13 Representatives a report on the findings of the analysis 

14 under subsection (a). 

15 SEC. 208. GAO AUDIT OF JOINT COSTS FOR OPERATIONS 

16 AND MAINTENANCE. 

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

18 date of enactment of this Act, the Comptroller General 

19 of the United States shall conduct a review of the practices 

20 of the Corps of Engineers with respect to the determina21 tion of joint costs associated with operations and mainte22 nance of reservoirs owned and operated by the Secretary. 

23 (b) REPORT.—The Comptroller General of the 

24 United States shall submit to the Committee on Environ25 ment and Public Works of the Senate and the Committee 

26 on Transportation and Infrastructure of the House of 


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1 Representatives a report on the findings of the review 

2 under subsection (a) and any recommendations that result 

3 from the review. 

4 SEC. 209. GAO REVIEW OF CORPS OF ENGINEERS MITIGA5 TION PRACTICES. 

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

7 date of enactment of this Act, the Comptroller General 

8 of the United States shall carry out a review of the water 

9 resources development project mitigation practices of the 

10 Corps of Engineers. 

11 (b) CONTENT.—The review under subsection (a) shall 

12 include an evaluation of— 

13 (1) the implementation by the Corps of Engi14 neers of the final rule issued on April 10, 2008, enti15 tled ‘‘Compensatory Mitigation for Losses of Aquatic 

16 Resources’’ (73 Fed. Reg. 19594), including, at a 

17 minimum— 

18 (A) the extent to which the final rule is 

19 consistently implemented by the districts of the 

20 Corps of Engineers; and 

21 (B) the performance of each of the mitiga22 tion mechanisms included in the final rule; and 

23 (2) opportunities to utilize alternative methods 

24 to satisfy mitigation requirements of water resources 


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1 development projects, including, at a minimum, per2 formance-based contracts. 

3 (c) REPORT.—The Comptroller General of the United 

4 States shall submit to the Committee on Environment and 

5 Public Works of the Senate and the Committee on Trans6 portation and Infrastructure of the House of Representa7 tives a report on the findings of the review under sub8 section (a) and any recommendations that result from the 

9 review. 

10 (d) DEFINITION OF PERFORMANCE-BASED CON11 TRACT.—In this section, the term ‘‘performance-based 

12 contract’’ means a procurement mechanism by which the 

13 Corps of Engineers contracts with a public or private non14 Federal entity for a specific mitigation outcome require15 ment, with payment to the entity linked to delivery of 

16 verifiable and successful mitigation performance. 

17 SEC. 210. SABINE–NECHES WATERWAY NAVIGATION IM18 PROVEMENT PROJECT, TEXAS. 

19 The Secretary shall expedite the review and coordina20 tion of the feasibility study for the project for navigation, 

21 Sabine–Neches Waterway, Texas, under section 203(b) of 

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

23 2231(b)). 


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1 SEC. 211. GREAT LAKES RECREATIONAL BOATING. 

2 Not later than 1 year after the date of enactment 

3 of this Act, the Secretary shall prepare, at full Federal 

4 expense, and submit to the Committee on Environment 

5 and Public Works of the Senate and the Committee on 

6 Transportation and Infrastructure of the House of Rep7 resentatives a report updating the findings of the report 

8 on the economic benefits of recreational boating in the 

9 Great Lakes basin prepared under section 455(c) of the 

10 Water Resources Development Act of 1999 (42 U.S.C. 

11 1962d–21(c)). 

12 SEC. 212. UPPER ST. JOHNS RIVER BASIN, CENTRAL AND 

13 SOUTHERN FLORIDA. 

14 (a) IN GENERAL.—On request and at the expense of 

15 the St. Johns River Water Management District, the Sec16 retary shall evaluate the effects of deauthorizing the 

17 southernmost 3.5-mile reach of the L–73 levee, Section 2, 

18 Osceola County, Florida, on the functioning of the project 

19 for flood control and other purposes, Upper St. Johns 

20 River Basin, Central and Southern Florida, authorized by 

21 section 203 of the Flood Control Act of 1948 (62 Stat. 

22 1176). 

23 (b) REPORT.—In carrying out the evaluation under 

24 subsection (a), the Secretary shall— 

25 (1) prepare a report that includes the results of 

26 the evaluation, including— 


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1 (A) the advisability of deauthorizing the 

2 levee described in that subsection; and 

3 (B) any recommendations for conditions 

4 that should be placed on a deauthorization to 

5 protect the interests of the United States and 

6 the public; and 

7 (2) submit to the Committee on Environment 

8 and Public Works of the Senate and the Committee 

9 on Transportation and Infrastructure of the House 

10 of Representatives the report under paragraph (1) 

11 as part of the annual report submitted to Congress 

12 pursuant to section 7001 of the Water Resources 

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

14 2282d). 

15 SEC. 213. INVESTMENTS FOR RECREATION AREAS. 

16 (a) FINDINGS.—Congress finds the following: 

17 (1) The Corps of Engineers operates more 

18 recreation areas than any other Federal or State 

19 agency, apart from the Department of Interior. 

20 (2) Nationally, visitors to nearly 600 dams and 

21 lakes, managed by the Corps of Engineers, spend an 

22 estimated $12,000,000,000 per year and support 

23 500,000 jobs. 


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1 (3) Lakes managed by the Corps of Engineers 

2 are economic drivers that support rural commu3 nities. 

4 (b) SENSE OF CONGRESS.—It is the sense of Con5 gress that the Corps of Engineers should use all available 

6 authorities to promote and enhance development and rec7 reational opportunities at lakes that are part of authorized 

8 civil works projects under the administrative jurisdiction 

9 of the Corps of Engineers. 

10 (c) REPORT.—Not later than 180 days after the en11 actment of this Act, the Secretary shall submit to the 

12 Committee on Environment and Public Works of the Sen13 ate and the Committee on Transportation and Infrastruc14 ture of the House of Representatives a report on invest15 ments needed to support recreational activities that are 

16 part of authorized water resources development projects 

17 under the administrative jurisdiction of the Corps of Engi18 neers. 

19 (d) REQUIREMENTS.—The report under subsection 

20 (c) shall include— 

21 (1) a list of deferred maintenance projects, in22 cluding maintenance projects relating to recreational 

23 facilities, sites, and associated access roads; 


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1 (2) a plan to fund the projects described in 

2 paragraph (1) over the 5-year period following the 

3 date of enactment of this Act; 

4 (3) a description of efforts made by the Corps 

5 of Engineers to coordinate investments in rec6 reational facilities, sites, and associated access roads 

7 with— 

8 (A) State and local governments; or 

9 (B) private entities; and 

10 (4) an assessment of whether the modification 

11 of Federal contracting requirements could accelerate 

12 the availability of funds for the projects described in 

13 paragraph (1). 

14 SEC. 214. WESTERN INFRASTRUCTURE STUDY. 

15 (a) DEFINITIONS OF NATURAL FEATURE AND NA16 TURE-BASED FEATURE.—In this section, the terms ‘‘nat17 ural feature’’ and ‘‘nature-based feature’’ have the mean18 ings given those terms in section 1184(a) of the WIIN 

19 Act (33 U.S.C. 2289a(a)). 

20 (b) COMPREHENSIVE STUDY.—The Secretary shall 

21 conduct a comprehensive study (referred to in this section 

22 as the ‘‘study’’) to evaluate the effectiveness of carrying 

23 out additional measures, including measures that utilize 

24 natural features or nature-based features at or upstream 

25 of reservoirs for the purposes of— 


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1 (1) sustaining operations in response to chang2 ing hydrological and climatic conditions; 

3 (2) mitigating the risk of drought or floods, in4 cluding the loss of storage capacity due to sediment 

5 accumulation; 

6 (3) increasing water supply; or 

7 (4) aquatic ecosystem restoration. 

8 (c) STUDY FOCUS.—In conducting the study, the 

9 Secretary shall include all reservoirs owned and operated 

10 by the Secretary and reservoirs for which the Secretary 

11 has flood control responsibilities under section 7 of the Act 

12 of December 22, 1944 (commonly known as the ‘‘Flood 

13 Control Act of 1944’’) (58 Stat. 890, chapter 665; 33 

14 U.S.C. 709), in the South Pacific Division of the Corps 

15 of Engineers. 

16 (d) CONSULTATION AND USE OF EXISTING DATA.— 

17 (1) CONSULTATION.—In conducting the study, 

18 the Secretary shall consult with applicable— 

19 (A) Federal, State, and local agencies; 

20 (B) Indian Tribes; 

21 (C) non-Federal interests; and 

22 (D) other stakeholders, as determined ap23 propriate by the Secretary. 


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1 (2) USE OF EXISTING DATA AND PRIOR STUD2 IES.—To the maximum extent practicable and where 

3 appropriate, the Secretary may— 

4 (A) use existing data provided to the Sec5 retary by entities described in paragraph (1); 

6 and 

7 (B) incorporate— 

8 (i) relevant information from prior 

9 studies and projects carried out by the 

10 Secretary; and 

11 (ii) the latest technical data and sci12 entific approaches with respect to changing 

13 hydrological and climatic conditions. 

14 (e) REPORT.—Not later than 3 years after the date 

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

16 the Committee on Environment and Public Works of the 

17 Senate and the Committee on Transportation and Infra18 structure of the House of Representatives a report that 

19 describes— 

20 (1) the results of the study; and 

21 (2) any recommendations on site-specific areas 

22 where additional study is recommended by the Sec23 retary. 

24 (f) SAVINGS PROVISION.—Nothing in this section 

25 provides authority to the Secretary to change the authorVerDate Sep 11 2014 02:00 May 05, 2022 Jkt 029200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\S4136.RS S4136

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1 ized purposes at any of the reservoirs described in sub2 section (c). 

3 SEC. 215. UPPER MISSISSIPPI RIVER AND ILLINOIS WATER4 WAY SYSTEM. 

5 Section 8004(g) of the Water Resources Development 

6 Act of 2007 (33 U.S.C. 652 note; Public Law 110–114) 

7 is amended— 

8 (1) by redesignating paragraph (2) as para9 graph (3); and 

10 (2) by inserting after paragraph (1) the fol11 lowing: 

12 ‘‘(2) REPORT ON WATER LEVEL MANAGE13 MENT.—Not later than 1 year after the date of en14 actment of the Water Resources Development Act of 

15 2022, the Secretary shall submit to the Committee 

16 on Environment and Public Works of the Senate 

17 and the Committee on Transportation and Infra18 structure of the House of Representatives an imple19 mentation report on opportunities to expand the use 

20 of water level management on the Upper Mississippi 

21 River and Illinois Waterway System for the purpose 

22 of ecosystem restoration.’’. 


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1 SEC. 216. WEST VIRGINIA HYDROPOWER. 

2 (a) IN GENERAL.—For water resources development 

3 projects described in subsection (b), the Secretary is au4 thorized— 

5 (1) to evaluate the feasibility of modifications to 

6 such projects for the purposes of adding Federal hy7 dropower or energy storage development; and 

8 (2) to grant approval for the use of such 

9 projects for non-Federal hydropower or energy stor10 age development in accordance with section 14 of 

11 the Act of March 3, 1899 (commonly known as the 

12 ‘‘Rivers and Harbors Act of 1899’’) (30 Stat. 1152, 

13 chapter 425; 33 U.S.C. 408). 

14 (b) PROJECTS DESCRIBED.—The projects referred to 

15 in subsection (a) are the following: 

16 (1) Sutton Dam, Braxton County, West Vir17 ginia, authorized by section 5 of the Act of June 22, 

18 1936 (49 Stat. 1586, chapter 688). 

19 (2) Hildebrand Lock and Dam, Monongahela 

20 County, West Virginia, authorized by section 101 of 

21 the River and Harbor Act of 1950 (64 Stat. 166, 

22 chapter 188). 

23 (3) Bluestone Lake, Summers County, West 

24 Virginia, authorized by section 5 of the Act of June 

25 22, 1936 (49 Stat. 1586, chapter 688). 


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1 (4) R.D. Bailey Dam, Wyoming County, West 

2 Virginia, authorized by section 203 of the Flood 

3 Control Act of 1962 (76 Stat. 1188). 

4 (5) Stonewall Jackson Dam, Lewis County, 

5 West Virginia, authorized by section 203 of the 

6 Flood Control Act of 1966 (80 Stat. 1421). 

7 (6) East Lynn Dam, Wayne County, West Vir8 ginia, authorized by section 5 of the Act of June 22, 

9 1936 (49 Stat. 1586, chapter 688). 

10 (7) Burnsville Lake, Braxton County, West Vir11 ginia, authorized by section 5 of the Act of June 22, 

12 1936 (49 Stat. 1586, chapter 688). 

13 (c) DEMONSTRATION PROJECTS.—The authority for 

14 facility modifications under subsection (a) includes dem15 onstration projects. 

16 SEC. 217. RECREATION AND ECONOMIC DEVELOPMENT AT 

17 CORPS FACILITIES IN APPALACHIA. 

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

19 date of enactment of this Act, the Secretary shall prepare 

20 and submit to the Committee on Environment and Public 

21 Works of the Senate and the Committee on Transpor22 tation and Infrastructure of the House of Representatives 

23 a plan to implement the recreational and economic devel24 opment opportunities identified by the Secretary in the re25 port prepared under section 206 of the Water Resources 


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1 Development Act of 2020 (134 Stat. 2680) at Corps of 

2 Engineers facilities located within a distressed or at-risk 

3 county (as described in subsection (a)(1) of that section) 

4 in Appalachia. 

5 (b) CONSIDERATIONS.—In preparing the plan under 

6 subsection (a), the Secretary shall consider options for 

7 Federal funding, partnerships, and outgrants to Federal, 

8 State, and local governments, nonprofit organizations, and 

9 commercial businesses. 

10 SEC. 218. AUTOMATED FEE MACHINES. 

11 For the purpose of mitigating adverse impacts to 

12 public access to outdoor recreation, to the maximum ex13 tent practicable, the Secretary shall consider alternatives 

14 to the use of automated fee machines for the collection 

15 of fees for the use of developed recreation sites and facili16 ties in West Virginia. 

17 SEC. 219. LAKE CHAMPLAIN CANAL, VERMONT AND NEW 

18 YORK. 

19 Section 5146 of the Water Resources Development 

20 Act of 2007 (121 Stat. 1255) is amended by adding at 

21 the end the following: 

22 ‘‘(c) CLARIFICATIONS.— 

23 ‘‘(1) IN GENERAL.—At the request of the non24 Federal interest for the study of the Lake Cham25 plain Canal Aquatic Invasive Species Barrier carried 


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1 out under section 542 of the Water Resources Devel2 opment Act of 2000 (114 Stat. 2671; 121 Stat. 

3 1150; 134 Stat. 2652), the Secretary shall scope the 

4 phase II portion of that study to satisfy the feasi5 bility determination under subsection (a). 

6 ‘‘(2) DISPERSAL BARRIER.—A dispersal barrier 

7 constructed, maintained, or operated under this sec8 tion may include— 

9 ‘‘(A) physical hydrologic separation; 

10 ‘‘(B) nonstructural measures; 

11 ‘‘(C) deployment of technologies; 

12 ‘‘(D) buffer zones; or 

13 ‘‘(E) any combination of the approaches 

14 described in subparagraphs (A) through (D).’’. 

15 SEC. 220. REPORT ON CONCESSIONAIRE PRACTICES. 

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

17 date of enactment of this Act, the Secretary shall submit 

18 to the Committee on Environment and Public Works of 

19 the Senate and the Committee on Transportation and In20 frastructure of the House of Representatives a report on 

21 concessionaire lease practices by the Corps of Engineers. 

22 (b) INCLUSIONS.—The report under subsection (a) 

23 shall include, at a minimum— 

24 (1) an assessment of the reasonableness of the 

25 formula of the Corps of Engineers for calculating 


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1 concessionaire rental rates, taking into account the 

2 operating margins for sales of food and fuel; and 

3 (2) the process for assessing administrative fees 

4 to concessionaires across districts of the Corps of 

5 Engineers. 

6 TITLE III—DEAUTHORIZATIONS, 

7 MODIFICATIONS, AND RE8 LATED PROVISIONS 

9 SEC. 301. ADDITIONAL ASSISTANCE FOR CRITICAL 

10 PROJECTS. 

11 (a) ATLANTA, GEORGIA.—Section 219(e)(5) of the 

12 Water Resources Development Act of 1992 (106 Stat. 

13 4835; 110 Stat. 3757; 113 Stat. 334) is amended by strik14 ing ‘‘$25,000,000’’ and inserting ‘‘$75,000,000’’. 

15 (b) EASTERN SHORE AND SOUTHWEST VIRGINIA.— 

16 Section 219(f)(10)(A) of the Water Resources Develop17 ment Act of 1992 (106 Stat. 4835; 113 Stat. 335; 121 

18 Stat. 1255) is amended— 

19 (1) by striking ‘‘$20,000,000’’ and inserting 

20 ‘‘$52,000,000’’; and 

21 (2) by striking ‘‘Accomac’’ and inserting 

22 ‘‘Accomack’’. 

23 (c) LAKES MARION AND MOULTRIE, SOUTH CARO24 LINA.—Section 219(f)(25) of the Water Resources Devel25 opment Act of 1992 (106 Stat. 4835; 113 Stat. 336; 130 


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1 Stat. 1677; 134 Stat. 2719) is amended by striking 

2 ‘‘$110,000,000’’ and inserting ‘‘$151,500,000’’. 

3 (d) LAKE COUNTY, ILLINOIS.—Section 219(f)(54) of 

4 the Water Resources Development Act of 1992 (106 Stat. 

5 4835; 113 Stat. 334; 114 Stat. 2763A–221) is amended— 

6 (1) in the paragraph heading, by striking 

7 ‘‘COOK COUNTY’’ and inserting ‘‘COOK COUNTY AND

8 LAKE COUNTY’’; and 

9 (2) by striking ‘‘$35,000,000’’ and inserting 

10 ‘‘$100,000,000’’. 

11 (e) MADISON AND ST. CLAIR COUNTIES, ILLINOIS.— 

12 Section 219(f)(55) of the Water Resources Development 

13 Act of 1992 (106 Stat. 4835; 113 Stat. 334; 114 Stat. 

14 2763A–221; 134 Stat. 2718) is amended by striking 

15 ‘‘$45,000,000’’ and inserting ‘‘$100,000,000’’. 

16 (f) CALAVERAS COUNTY, CALIFORNIA.—Section 

17 219(f)(86) of the Water Resources Development Act of 

18 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1259) 

19 is amended by striking ‘‘$3,000,000’’ and inserting 

20 ‘‘$13,280,000’’. 

21 (g) LOS ANGELES COUNTY, CALIFORNIA.—Section 

22 219(f) of the Water Resources Development Act of 1992 

23 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1259) is 

24 amended by striking paragraph (93) and inserting the fol25 lowing: 


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1 ‘‘(93) LOS ANGELES COUNTY, CALIFORNIA.— 

2 ‘‘(A) IN GENERAL.—$38,000,000 for 

3 wastewater and water related infrastructure, 

4 Los Angeles County, California. 

5 ‘‘(B) ELIGIBILITY.—The Water Replenish6 ment District of Southern California may be el7 igible for assistance under this paragraph.’’. 

8 (h) MICHIGAN.—Section 219(f)(157) of the Water 

9 Resources Development Act of 1992 (106 Stat. 4835; 113 

10 Stat. 334; 121 Stat. 1262) is amended— 

11 (1) by striking ‘‘$35,000,000 for’’ and inserting 

12 the following: 

13 ‘‘(A) IN GENERAL.—$85,000,000 for’’; and 

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

15 ‘‘(B) ADDITIONAL PROJECTS.—Amounts 

16 made available under subparagraph (A) may be 

17 used for design and construction projects for 

18 water-related environmental infrastructure and 

19 resource protection and development projects in 

20 Michigan, including for projects for wastewater 

21 treatment and related facilities, water supply 

22 and related facilities, environmental restoration, 

23 and surface water resource protection and de24 velopment.’’. 


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1 (i) MYRTLE BEACH AND VICINITY, SOUTH CARO2 LINA.—Section 219(f) of the Water Resources Develop3 ment Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 

4 Stat. 1267) is amended by striking paragraph (250) and 

5 inserting the following: 

6 ‘‘(250) MYRTLE BEACH AND VICINITY, SOUTH

7 CAROLINA.—$31,000,000 for environmental infra8 structure, including ocean outfalls, Myrtle Beach 

9 and vicinity, South Carolina.’’. 

10 (j) NORTH MYRTLE BEACH AND VICINITY, SOUTH

11 CAROLINA.—Section 219(f) of the Water Resources De12 velopment Act of 1992 (106 Stat. 4835; 113 Stat. 334; 

13 121 Stat. 1267) is amended by striking paragraph (251) 

14 and inserting the following: 

15 ‘‘(251) NORTH MYRTLE BEACH AND VICINITY, 

16 SOUTH CAROLINA.—$74,000,000 for environmental 

17 infrastructure, including ocean outfalls, North Myr18 tle Beach and vicinity, South Carolina.’’. 

19 (k) HORRY COUNTY, SOUTH CAROLINA.—Section 

20 219(f) of the Water Resources Development Act of 1992 

21 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) is 

22 amended by adding at the end the following: 

23 ‘‘(274) HORRY COUNTY, SOUTH CAROLINA.— 

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1 cluding ocean outfalls, Horry County, South Caro2 lina.’’. 

3 (l) LANE COUNTY, OREGON.—Section 219(f) of the 

4 Water Resources Development Act of 1992 (106 Stat. 

5 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by sub6 section (k)) is amended by adding at the end the following: 

7 ‘‘(275) LANE COUNTY, OREGON.—$20,000,000 

8 for environmental infrastructure, Lane County, Or9 egon.’’. 

10 (m) PLACER COUNTY, CALIFORNIA.—Section 219(f) 

11 of the Water Resources Development Act of 1992 (106 

12 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended 

13 by subsection (l)) is amended by adding at the end the 

14 following: 

15 ‘‘(276) PLACER COUNTY, CALIFORNIA.— 

16 $21,000,000 for environmental infrastructure, Plac17 er County, California.’’. 

18 (n) ALAMEDA COUNTY, CALIFORNIA.—Section 

19 219(f) of the Water Resources Development Act of 1992 

20 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as 

21 amended by subsection (m)) is amended by adding at the 

22 end the following: 

23 ‘‘(277) ALAMEDA COUNTY, CALIFORNIA.— 

24 $20,000,000 for environmental infrastructure, Ala25 meda County, California.’’. 


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1 (o) TEMECULA CITY, CALIFORNIA.—Section 219(f) 

2 of the Water Resources Development Act of 1992 (106 

3 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended 

4 by subsection (n)) is amended by adding at the end the 

5 following: 

6 ‘‘(278) TEMECULA CITY, CALIFORNIA.— 

7 $18,000,000 for environmental infrastructure, 

8 Temecula City, California.’’. 

9 (p) YOLO COUNTY, CALIFORNIA.—Section 219(f) of 

10 the Water Resources Development Act of 1992 (106 Stat. 

11 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by sub12 section (o)) is amended by adding at the end the following: 

13 ‘‘(279) YOLO COUNTY, CALIFORNIA.— 

14 $6,000,000 for environmental infrastructure, Yolo 

15 County, California.’’. 

16 (q) CLINTON, MISSISSIPPI.—Section 219(f) of the 

17 Water Resources Development Act of 1992 (106 Stat. 

18 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by sub19 section (p)) is amended by adding at the end the following: 

20 ‘‘(280) CLINTON, MISSISSIPPI.—$13,600,000 

21 for environmental infrastructure, Clinton, Mis22 sissippi.’’. 

23 (r) OXFORD, MISSISSIPPI.—Section 219(f) of the 

24 Water Resources Development Act of 1992 (106 Stat. 


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1 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by sub2 section (q)) is amended by adding at the end the following: 

3 ‘‘(281) OXFORD, MISSISSIPPI.—$10,000,000 for 

4 environmental infrastructure, Oxford, Mississippi.’’. 

5 (s) MADISON COUNTY, MISSISSIPPI.—Section 219(f) 

6 of the Water Resources Development Act of 1992 (106 

7 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended 

8 by subsection (r)) is amended by adding at the end the 

9 following: 

10 ‘‘(282) MADISON COUNTY, MISSISSIPPI.— 

11 $10,000,000 for environmental infrastructure, Madi12 son County, Mississippi.’’. 

13 (t) RANKIN COUNTY, MISSISSIPPI.—Section 219(f) 

14 of the Water Resources Development Act of 1992 (106 

15 Stat. 4835; 113 Stat. 334; 121 Stat. 1268) (as amended 

16 by subsection (s)) is amended by adding at the end the 

17 following: 

18 ‘‘(283) RANKIN COUNTY, MISSISSIPPI.— 

19 $10,000,000 for environmental infrastructure, 

20 Rankin County, Mississippi.’’. 

21 (u) MERIDIAN, MISSISSIPPI.—Section 219(f) of the 

22 Water Resources Development Act of 1992 (106 Stat. 

23 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by sub24 section (t)) is amended by adding at the end the following: 


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1 ‘‘(284) MERIDIAN, MISSISSIPPI.—$10,000,000 

2 for wastewater infrastructure, Meridian, Mis3 sissippi.’’. 

4 (v) DELAWARE.—Section 219(f) of the Water Re5 sources Development Act of 1992 (106 Stat. 4835; 113 

6 Stat. 334; 121 Stat. 1268) (as amended by subsection (u)) 

7 is amended by adding at the end the following: 

8 ‘‘(285) DELAWARE.—$50,000,000 for sewer, 

9 stormwater system improvements, storage treatment, 

10 environmental restoration, and related water infra11 structure, Delaware.’’. 

12 (w) QUEENS, NEW YORK.—Section 219(f) of the 

13 Water Resources Development Act of 1992 (106 Stat. 

14 4835; 113 Stat. 334; 121 Stat. 1268) (as amended by sub15 section (v)) is amended by adding at the end the following: 

16 ‘‘(286) QUEENS, NEW YORK.—$20,000,000 for 

17 the design and construction of stormwater manage18 ment and improvements to combined sewer overflows 

19 to reduce the risk of flood impacts, Queens, New 

20 York.’’. 

21 (x) GEORGIA.—Section 219(f) of the Water Re22 sources Development Act of 1992 (106 Stat. 4835; 113 

23 Stat. 334; 121 Stat. 1268) (as amended by subsection 

24 (w)) is amended by adding at the end the following: 


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1 ‘‘(287) GEORGIA.—$75,000,000 for environ2 mental infrastructure, Baldwin County, Bartow 

3 County, Floyd County, Haralson County, Jones 

4 County, Gilmer County, Towns County, Warren 

5 County, Lamar County, Lowndes County, Troup 

6 County, Madison County, Toombs County, Dade 

7 County, Bulloch County, Gordon County, Walker 

8 County, Dooly County, Butts County, Clarke Coun9 ty, Crisp County, Newton County, Bibb County, 

10 Baker County, Barrow County, Oglethorpe County, 

11 Peach County, Brooks County, Carroll County, 

12 Worth County, Jenkins County, Wheeler County, 

13 Calhoun County, Randolph County, Wilcox County, 

14 Stewart County, Telfair County, Clinch County, 

15 Hancock County, Ben Hill County, Jeff Davis Coun16 ty, Chattooga County, Lanier County, Brantley 

17 County, Charlton County, Tattnall County, Emanuel 

18 County, Mitchell County, Turner County, Bacon 

19 County, Terrell County, Macon County, Ware Coun20 ty, Bleckley County, Colquitt County, Washington 

21 County, Berrien County, Coffee County, Pulaski 

22 County, Cook County, Atkinson County, Candler 

23 County, Taliaferro County, Evans County, Johnson 

24 County, Irwin County, Dodge County, Jefferson 

25 County, Appling County, Taylor County, Wayne 


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1 County, Clayton County, Decatur County, Schley 

2 County, Sumter County, Early County, Webster 

3 County, Clay County, Upson County, Long County, 

4 Twiggs County, Dougherty County, Quitman Coun5 ty, Meriwether County, Stephens County, Wilkinson 

6 County, Murray County, Wilkes County, Elbert 

7 County, McDuffie County, Heard County, Marion 

8 County, Talbot County, Laurens County, Mont9 gomery County, Echols County, Pierce County, 

10 Richmond County, Chattahoochee County, Screven 

11 County, Habersham County, Lincoln County, Burke 

12 County, Liberty County, Tift County, Polk County, 

13 Glascock County, Grady County, Jasper County, 

14 Banks County, Franklin County, Whitfield County, 

15 Treutlen County, Crawford County, Hart County, 

16 Georgia.’’. 

17 (y) MARYLAND.—Section 219(f) of the Water Re18 sources Development Act of 1992 (106 Stat. 4835; 113 

19 Stat. 334; 121 Stat. 1268) (as amended by subsection (x)) 

20 is amended by adding at the end the following: 

21 ‘‘(288) MARYLAND.—$100,000,000 for water, 

22 wastewater, and other environmental infrastructure, 

23 Maryland.’’. 

24 (z) MILWAUKEE METROPOLITAN AREA, WIS25 CONSIN.—Section 219(f) of the Water Resources DevelopVerDate Sep 11 2014 02:00 May 05, 2022 Jkt 029200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 E:\BILLS\S4136.RS S4136

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1 ment Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 

2 Stat. 1268) (as amended by subsection (y)) is amended 

3 by adding at the end the following: 

4 ‘‘(289) MILWAUKEE METROPOLITAN AREA, WIS5 CONSIN.—$4,500,000 for water-related infrastruc6 ture, resource protection and development, 

7 stormwater management, and reduction of combined 

8 sewer overflows, Milwaukee metropolitan area, Wis9 consin.’’. 

10 (aa) HAWAII.—Section 219(f) of the Water Re11 sources Development Act of 1992 (106 Stat. 4835; 113 

12 Stat. 334; 121 Stat. 1268) (as amended by subsection (z)) 

13 is amended by adding at the end the following: 

14 ‘‘(290) HAWAII.—$75,000,000 for water-related 

15 infrastructure, resource protection and development, 

16 wastewater treatment, water supply, urban storm 

17 water conveyance, environmental restoration, and 

18 surface water protection and development, Hawaii.’’. 

19 (bb) ALABAMA.—Section 219(f) of the Water Re20 sources Development Act of 1992 (106 Stat. 4835; 113 

21 Stat. 334; 121 Stat. 1268) (as amended by subsection 

22 (aa)) is amended by adding at the end the following: 

23 ‘‘(291) ALABAMA.—$50,000,000 for water, 

24 wastewater, and other environmental infrastructure, 

25 Alabama.’’. 


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1 (cc) MISSISSIPPI.—Section 592(g) of the Water Re2 sources Development Act of 1999 (113 Stat. 380; 123 

3 Stat. 2851) is amended by striking ‘‘$200,000,000’’ and 

4 inserting ‘‘$300,000,000’’. 

5 (dd) CENTRAL NEW MEXICO.—Section 593(h) of the 

6 Water Resources Development Act of 1999 (113 Stat. 

7 381; 119 Stat. 2255) is amended by striking 

8 ‘‘$50,000,000’’ and inserting ‘‘$100,000,000’’. 

9 (ee) NORTH DAKOTA AND OHIO.—Section 594 of the 

10 Water Resources Development Act of 1999 (113 Stat. 

11 381; 121 Stat. 1140; 121 Stat. 1944) is amended by add12 ing at the end the following: 

13 ‘‘(i) AUTHORIZATION OF ADDITIONAL APPROPRIA14 TIONS.—In addition to amounts authorized under sub15 section (h), there is authorized to be appropriated to carry 

16 out this section $100,000,000, to be divided between the 

17 States referred to in subsection (a).’’. 

18 (ff) WESTERN RURAL WATER.—Section 595(i) of the 

19 Water Resources Development Act of 1999 (113 Stat. 

20 383; 134 Stat. 2719) is amended— 

21 (1) in paragraph (1), by striking 

22 ‘‘$435,000,000’’ and inserting ‘‘$490,000,000’’; and 

23 (2) in paragraph (2), by striking 

24 ‘‘$150,000,000’’ and inserting ‘‘$200,000,000’’. 


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1 (gg) LAKE CHAMPLAIN WATERSHED, VERMONT AND

2 NEW YORK.—Section 542 of the Water Resources Devel3 opment Act of 2000 (114 Stat. 2671; 121 Stat. 1150) is 

4 amended— 

5 (1) in subsection (b)(2)(C), by striking ‘‘plan6 ning’’ and inserting ‘‘clean water infrastructure 

7 planning, design, and construction’’; and 

8 (2) in subsection (g), by striking 

9 ‘‘$32,000,000’’ and inserting ‘‘$100,000,000’’. 

10 (hh) TEXAS.—Section 5138 of the Water Resources 

11 Development Act of 2007 (121 Stat. 1250) is amended— 

12 (1) in subsection (b), by striking ‘‘, as identified 

13 by the Texas Water Development Board’’; 

14 (2) in subsection (e)(3), by inserting ‘‘and con15 struction’’ after ‘‘design work’’; 

16 (3) by redesignating subsection (g) as sub17 section (i); and 

18 (4) by inserting after subsection (f) the fol19 lowing: 

20 ‘‘(g) NONPROFIT ENTITIES.—In accordance with sec21 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 

22 1962d–5b(b)), for any project carried out under this sec23 tion, a non-Federal interest may include a nonprofit entity 

24 with the consent of the affected local government. 


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1 ‘‘(h) CORPS OF ENGINEERS EXPENSES.—Not more 

2 than 10 percent of the amounts made available to carry 

3 out this section may be used by the Corps of Engineers 

4 district offices to administer projects under this section 

5 at Federal expense.’’. 

6 SEC. 302. SOUTHERN WEST VIRGINIA. 

7 (a) IN GENERAL.—Section 340 of the Water Re8 sources Development Act of 1992 (106 Stat. 4856) is 

9 amended— 

10 (1) in the section heading, by striking ‘‘ENVI11 RONMENTAL RESTORATION INFRASTRUCTURE

12 AND RESOURCE PROTECTION DEVELOPMENT

13 PILOT PROGRAM’’; and 

14 (2) by striking subsection (f) and inserting the 

15 following: 

16 ‘‘(f) DEFINITION OF SOUTHERN WEST VIRGINIA.— 

17 In this section, the term ‘southern West Virginia’ means 

18 the counties of Boone, Braxton, Cabell, Calhoun, Clay, 

19 Fayette, Gilmer, Greenbrier, Jackson, Kanawha, Lincoln, 

20 Logan, Mason, McDowell, Mercer, Mingo, Monroe, Nich21 olas, Pendleton, Pocahontas, Putnam, Raleigh, Roane, 

22 Summers, Wayne, Webster, Wirt, and Wyoming, West 

23 Virginia.’’. 

24 (b) CLERICAL AMENDMENT.—The table of contents 

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1 ment Act of 1992 (106 Stat. 4799) is amended by striking 

2 the item relating to section 340 and inserting the fol3 lowing: 

‘‘Sec. 340. Southern West Virginia.’’. 

4 SEC. 303. NORTHERN WEST VIRGINIA. 

5 (a) IN GENERAL.—Section 571 of the Water Re6 sources Development Act of 1999 (113 Stat. 371; 121 

7 Stat. 1257; 134 Stat. 2719) is amended— 

8 (1) in the section heading, by striking ‘‘CEN9 TRAL’’ and inserting ‘‘NORTHERN’’; 

10 (2) by striking subsection (a) and inserting the 

11 following: 

12 ‘‘(a) DEFINITION OF NORTHERN WEST VIRGINIA.— 

13 In this section, the term ‘northern West Virginia’ means 

14 the counties of Barbour, Berkeley, Brooke, Doddridge, 

15 Grant, Hampshire, Hancock, Hardy, Harrison, Jefferson, 

16 Lewis, Marion, Marshall, Mineral, Morgan, Monongalia, 

17 Ohio, Pleasants, Preston, Randolph, Ritchie, Taylor, 

18 Tucker, Tyler, Upshur, Wetzel, and Wood, West Vir19 ginia.’’; 

20 (3) in subsection (b), by striking ‘‘central’’ and 

21 inserting ‘‘northern’’; and 

22 (4) in subsection (c), by striking ‘‘central’’ and 

23 inserting ‘‘northern’’. 

24 (b) CLERICAL AMENDMENT.—The table of contents 

25 in section 1(b) of the Water Resources Development Act 


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1 of 1999 (113 Stat. 269) is amended by striking the item 

2 relating to section 571 and inserting the following: 

‘‘Sec. 571. Northern West Virginia.’’. 

3 SEC. 304. LOCAL COOPERATION AGREEMENTS, NORTHERN 

4 WEST VIRGINIA. 

5 Section 219(f)(272) of the Water Resources Develop6 ment Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 

7 Stat. 1268) is amended— 

8 (1) by striking ‘‘$20,000,000 for water and 

9 wastewater’’ and inserting the following: 

10 ‘‘(A) IN GENERAL.—$20,000,000 for water 

11 and wastewater’’; and 

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

13 ‘‘(B) LOCAL COOPERATION AGREE14 MENTS.—Notwithstanding subsection (a), at 

15 the request of a non-Federal interest for a 

16 project or a separable element of a project that 

17 receives assistance under this paragraph, the 

18 Secretary may adopt a model agreement devel19 oped in accordance with section 571(e) of the 

20 Water Resources Development Act of 1999 

21 (113 Stat. 371).’’. 


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1 SEC. 305. SPECIAL RULE FOR CERTAIN BEACH NOURISH2 MENT PROJECTS. 

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

4 development project described in subsection (b), the Sec5 retary shall— 

6 (1) fund, at full Federal expense, any incre7 mental increase in cost to the project that results 

8 from a legal requirement to use a borrow source de9 termined by the Secretary to be other than the least10 cost option; and 

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

12 from the cost-benefit analysis for the project. 

13 (b) AUTHORIZED WATER RESOURCES DEVELOP14 MENT PROJECTS DESCRIBED.—An authorized water re15 sources development project referred to in subsection (a) 

16 is any of the following: 

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

18 New Jersey, coastal storm risk management project, 

19 authorized by section 101(a)(26) of the Water Re20 sources Development Act of 1999 (113 Stat. 278). 

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

22 storm risk management project, authorized by sec23 tion 501(a) of the Water Resources Development 

24 Act of 1986 (100 Stat. 4136) and modified by sec25 tion 108 of the Energy and Water Development Ap26 propriations Act, 1992 (105 Stat. 520). 


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1 (3) The Carolina Beach and Vicinity, North 

2 Carolina, coastal storm risk management project, 

3 authorized by section 203 of the Flood Control Act 

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

5 401(7) of the Water Resources Development Act of 

6 2020 (134 Stat. 2741). 

7 (4) The Wrightsville Beach, North Carolina, 

8 coastal storm risk management project, authorized 

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

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

11 Water Resources Development Act of 2020 (134 

12 Stat. 2741). 

13 (5) A project for coastal storm risk manage14 ment for any shore included in a project described 

15 in this subsection that is specifically authorized by 

16 Congress on or after the date of enactment of this 

17 Act. 

18 (6) Emergency repair and restoration of any 

19 project described in this subsection under section 5 

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

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

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

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

24 limits the eligibility for, or availability of, Federal expendi25 tures or financial assistance for any water resources develVerDate Sep 11 2014 02:00 May 05, 2022 Jkt 029200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 E:\BILLS\S4136.RS S4136

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1 opment project, including any beach nourishment or re2 nourishment project, under any other provision of Federal 

3 law. 

4 SEC. 306. COASTAL COMMUNITY FLOOD CONTROL AND 

5 OTHER PURPOSES. 

6 Section 103(k)(4) of the Water Resources Develop7 ment Act of 1986 (33 U.S.C. 2213(k)(4)) is amended— 

8 (1) by redesignating subparagraphs (A) and 

9 (B) as clauses (i) and (ii), respectively, and indent10 ing appropriately; 

11 (2) in the matter preceding clause (i) (as so re12 designated), by striking ‘‘Notwithstanding’’ and in13 serting the following: 

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

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

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

17 (i) by striking ‘‘$200 million’’ and in18 serting ‘‘$200,000,000’’; and 

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

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

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

2 22 ⁄3 of’’ after ‘‘repays’’; and 

23 (ii) by striking the period at the end 

24 and inserting ‘‘; and’’; and 

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


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

2 the balance of remaining principal by June 

3 1, 2032.’’; and 

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

5 ‘‘(B) REPAYMENT OPTIONS.—Repayment 

6 of a non-Federal contribution under subpara7 graph (A)(iii) may be satisfied through the pro8 vision by the non-Federal interest of fish and 

9 wildlife mitigation for one or more projects or 

10 separable elements, if the Secretary determines 

11 that— 

12 ‘‘(i) the non-Federal interest has in13 curred costs for the provision of mitigation 

14 that— 

15 ‘‘(I) equal or exceed the amount 

16 of the required repayment; and 

17 ‘‘(II) are in excess of any re18 quired non-Federal contribution for 

19 the project or separable element for 

20 which the mitigation is provided; and 

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

22 project for which it is provided.’’. 

23 SEC. 307. MODIFICATIONS. 

24 (a) IN GENERAL.—The following modifications to 

25 studies and projects are authorized: 


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1 (1) MISSISSIPPI RIVER GULF OUTLET, LOU2 ISIANA.—The Federal share of the cost of the 

3 project for ecosystem restoration, Mississippi River 

4 Gulf Outlet, Louisiana, authorized by section 

5 7013(a)(4) of the Water Resources Development Act 

6 of 2007 (121 Stat. 1281), shall be 90 percent. 

7 (2) GREAT LAKES AND MISSISSIPPI RIVER

8 INTERBASIN PROJECT, BRANDON ROAD, WILL COUN9 TY, ILLINOIS.—Section 402(a)(1) of the Water Re10 sources Development Act of 2020 (134 Stat. 2742) 

11 is amended by striking ‘‘80 percent’’ and inserting 

12 ‘‘90 percent’’. 

13 (3) LOWER MISSISSIPPI RIVER COMPREHENSIVE

14 MANAGEMENT STUDY.—Section 213 of the Water 

15 Resources Development Act of 2020 (134 Stat. 

16 2687) is amended by adding at the end the fol17 lowing: 

18 ‘‘(j) COST-SHARE.—The Federal share of the cost of 

19 the comprehensive study described in subsection (a), and 

20 any feasibility study described in subsection (e), shall be 

21 90 percent.’’. 

22 (4) PORT OF NOME, ALASKA.— 

23 (A) IN GENERAL.—The Secretary shall 

24 carry out the project for navigation, Port of 

25 Nome, Alaska, authorized by section 401(1) of 


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1 the Water Resources Development Act of 2020 

2 (134 Stat. 2733). 

3 (B) COST-SHARE.—The Federal share of 

4 the cost of the project described in subpara5 graph (A) shall be 90 percent. 

6 (5) CHICAGO SHORELINE PROTECTION.—The 

7 project for storm damage reduction and shore pro8 tection, Lake Michigan, Illinois, from Wilmette, Illi9 nois, to the Illinois–Indiana State line, authorized by 

10 section 101(a)(12) of the Water Resources Develop11 ment Act of 1996 (110 Stat. 3664), is modified to 

12 authorize the Secretary to provide 65 percent of the 

13 cost of the locally preferred plan, as described in the 

14 Report of the Chief of Engineers dated April 14, 

15 1994, for the construction of the following segments 

16 of the project: 

17 (A) Shoreline revetment at Morgan Shoal. 

18 (B) Shoreline revetment at Promontory 

19 Point. 

20 (6) LOWER MUD RIVER, MILTON, WEST VIR21 GINIA.—Notwithstanding section 3170 of the Water 

22 Resources Development Act of 2007 (121 Stat. 

23 1154), the Federal share of the cost of the project 

24 for flood control, Milton, West Virginia, authorized 

25 by section 580 of the Water Resources Development 


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1 Act of 1996 (110 Stat. 3790), and modified by sec2 tion 340 of the Water Resources Development Act 

3 of 2000 (114 Stat. 2612) and section 3170 of the 

4 Water Resources Development Act of 2007 (121 

5 Stat. 1154), shall be 90 percent. 

6 (b) AGREEMENTS.—At the request of the applicable 

7 non-Federal interests for the project described in section 

8 402(a) of the Water Resources Development Act of 2020 

9 (134 Stat. 2742) and for the studies described in sub10 section (j) of section 213 of that Act (134 Stat. 2687), 

11 the Secretary shall not require those non-Federal interests 

12 to be jointly and severally liable for all non-Federal obliga13 tions in the project partnership agreement for the project 

14 or in the feasibility cost share agreements for the studies. 

15 SEC. 308. PORT FOURCHON, LOUISIANA, DREDGED MATE16 RIAL DISPOSAL PLAN. 

17 The Secretary shall determine that the dredged mate18 rial disposal plan recommended in the document entitled 

19 ‘‘Port Fourchon Belle Pass Channel Deepening Project 

20 Section 203 Feasibility Study (January 2019, revised 

21 January 2020)’’ is the least cost, environmentally accept22 able dredged material disposal plan for the project for 

23 navigation, Port Fourchon Belle Passe Channel, Lou24 isiana, authorized by section 403(a)(4) of the Water Re25 sources Development Act of 2020 (134 Stat. 2743). 


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1 SEC. 309. DELAWARE SHORE PROTECTION AND RESTORA2 TION. 

3 (a) DELAWARE BENEFICIAL USE OF DREDGED MA4 TERIAL FOR THE DELAWARE RIVER, DELAWARE.— 

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

6 storm risk management, Delaware Beneficial Use of 

7 Dredged Material for the Delaware River, Delaware, 

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

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

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

11 (A) to direct the Secretary to implement 

12 the project using alternative borrow sources to 

13 the Delaware River, Philadelphia to the Sea, 

14 project, Delaware, New Jersey, Pennsylvania, 

15 authorized by the Act of June 25, 1910 (chap16 ter 382, 36 Stat. 637; 46 Stat. 921; 52 Stat. 

17 803; 59 Stat. 14; 68 Stat. 1249; 72 Stat. 297); 

18 and 

19 (B) until the Secretary implements the 

20 modification under subparagraph (A), to au21 thorize the Secretary, at the request of a non22 Federal interest, to carry out initial construc23 tion or periodic nourishments at any site in24 cluded in the project under— 

25 (i) section 1122 of the Water Re26 sources Development Act of 2016 (33 


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

2 or 

3 (ii) section 204(d) of the Water Re4 sources Development Act of 1992 (33 

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

6 (2) TREATMENT.—If the Secretary determines 

7 that a study is required to carry out paragraph 

8 (1)(A), the study shall be considered to be a con9 tinuation of the study that formulated the project. 

10 (3) COST-SHARE.—The Federal share of the 

11 cost of the project, including the cost of any modi12 fications carried out under subsection (a)(1), shall 

13 be 90 percent. 

14 (b) INDIAN RIVER INLET SAND BYPASS PLANT, 

15 DELAWARE.— 

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

17 Bypass Plant, Delaware, coastal storm risk manage18 ment project (referred to in this subsection as the 

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

20 Resources Development Act of 1986 (100 Stat. 

21 4182), is modified to authorize the Secretary, at the 

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

23 nourishment through dedicated dredging or other 

24 means to maintain or restore the functioning of the 

25 project when— 


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

2 (B) operation of the sand bypass plant is 

3 insufficient to maintain the functioning of the 

4 project. 

5 (2) REQUIREMENTS.—A cycle of periodic nour6 ishment provided pursuant to paragraph (1) shall be 

7 subject to the following requirements: 

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

9 of the cost of a cycle shall be the same percent10 age as the non-Federal share of the cost to op11 erate the sand bypass plant. 

12 (B) DECISION DOCUMENT.—If the Sec13 retary determines that a decision document is 

14 required to support a request for funding for 

15 the Federal share of a cycle, the decision docu16 ment may be prepared using funds made avail17 able to the Secretary for construction or for in18 vestigations. 

19 (C) TREATMENT.— 

20 (i) DECISION DOCUMENT.—A decision 

21 document prepared under subparagraph 

22 (B) shall not be subject to a new invest23 ment determination. 

24 (ii) CYCLES.—A cycle shall be consid25 ered continuing construction. 


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1 (c) DELAWARE EMERGENCY SHORE RESTORA2 TION.— 

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

4 to repair or restore any beach or any federally au5 thorized hurricane or shore protective structure or 

6 project located in the State of Delaware pursuant to 

7 section 5(a) of the Act of August 18, 1941 (com8 monly known as the ‘‘Flood Control Act of 1941’’) 

9 (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a)), 

10 if— 

11 (A) the structure, project, or beach is dam12 aged by wind, wave, or water action associated 

13 with a storm of any magnitude; and 

14 (B) the damage prevents the adequate 

15 functioning of the structure, project, or beach. 

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

17 shall determine that the benefits attributable to the 

18 objectives set forth in section 209 of the Flood Con19 trol Act of 1970 (42 U.S.C. 1962–2) and section 

20 904(a) of the Water Resources Development Act of 

21 1986 (33 U.S.C. 2281(a)) exceed the cost for work 

22 carried out under this subsection. 

23 (3) SAVINGS PROVISION.—The authority pro24 vided by this subsection shall be in addition to any 

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1 gust 18, 1941 (commonly known as the ‘‘Flood Con2 trol Act of 1941’’) (55 Stat. 650, chapter 377; 33 

3 U.S.C. 701n(a)) to repair or restore a beach or fed4 erally authorized hurricane or shore protection struc5 ture or project located in the State of Delaware 

6 damaged or destroyed by wind, wave, or water action 

7 of other than an ordinary nature. 

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

9 In carrying out major maintenance of the project for navi10 gation, Indian River Inlet and Bay, Delaware, authorized 

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

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

13 14, chapter 19), the Secretary shall repair, restore, or re14 locate any non-Federal facility or other infrastructure, 

15 that has been damaged, in whole or in part, by the deterio16 ration or failure of the project. 

17 (e) REPROGRAMMING FOR COASTAL STORM RISK

18 MANAGEMENT PROJECT AT INDIAN RIVER INLET.— 

19 (1) IN GENERAL.—Notwithstanding any other 

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

21 may reprogram amounts made available for a coastal 

22 storm risk management project to use such amounts 

23 for the project for coastal storm risk management, 

24 Indian River Inlet Sand Bypass Plant, Delaware, 


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1 authorized by section 869 of the Water Resources 

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

3 (2) LIMITATIONS.— 

4 (A) IN GENERAL.—The Secretary may 

5 carry out not more than 2 reprogramming ac6 tions under paragraph (1) for each fiscal year. 

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

8 Secretary may reprogram— 

9 (i) not more than $100,000 per re10 programming action; and 

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

12 fiscal year. 

13 SEC. 310. GREAT LAKES ADVANCE MEASURES ASSISTANCE. 

14 Section 5(a) of the Act of August 18, 1941 (com15 monly known as the ‘‘Flood Control Act of 1941’’) (55 

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

17 by section 112(2)), is amended by adding at the end the 

18 following: 

19 ‘‘(7) SPECIAL RULE.— 

20 ‘‘(A) IN GENERAL.—The Secretary shall 

21 not deny a request from the Governor of a 

22 State to provide advance measures assistance 

23 under this subsection to reduce the risk of dam24 age from rising water levels in the Great Lakes 


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1 solely on the basis that the damage is caused by 

2 erosion. 

3 ‘‘(B) FEDERAL SHARE.—Assistance pro4 vided by the Secretary pursuant to a request 

5 under subparagraph (A) may be at full Federal 

6 expense if the assistance is to construct ad7 vanced measures to a temporary construction 

8 standard.’’. 

9 SEC. 311. REHABILITATION OF EXISTING LEVEES. 

10 Section 3017(e) of the Water Resources Reform and 

11 Development Act of 2014 (33 U.S.C. 3303a note; Public 

12 Law 113–121) is amended— 

13 (1) by striking ‘‘this subsection’’ and inserting 

14 ‘‘this section’’; and 

15 (2) by striking ‘‘10 years’’ and inserting ‘‘20 

16 years’’. 

17 SEC. 312. PILOT PROGRAM FOR CERTAIN COMMUNITIES. 

18 (a) PILOT PROGRAMS ON THE FORMULATION OF

19 CORPS OF ENGINEERS PROJECTS IN RURAL COMMU20 NITIES AND ECONOMICALLY DISADVANTAGED COMMU21 NITIES.—Section 118 of the Water Resources Develop22 ment Act of 2020 (33 U.S.C. 2201 note; Public Law 116– 

23 260) is amended— 

24 (1) in subsection (b)(2)(C), by striking ‘‘10’’; 

25 and 


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1 (2) in subsection (c)— 

2 (A) in paragraph (2), in the matter pre3 ceding subparagraph (A), by striking ‘‘make a 

4 recommendation to Congress on up to 10 

5 projects’’ and inserting ‘‘recommend projects to 

6 Congress’’; and 

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

8 ‘‘(5) RECOMMENDATIONS.—In recommending 

9 projects under paragraph (2), the Secretary shall in10 clude such recommendations in the next annual re11 port submitted to Congress under section 7001 of 

12 the Water Resources Reform and Development Act 

13 of 2014 (33 U.S.C. 2282d) after the date of enact14 ment of the Water Resources Development Act of 

15 2022.’’. 

16 (b) PILOT PROGRAM FOR CAPS IN SMALL OR DIS17 ADVANTAGED COMMUNITIES.—Section 165(a) of the 

18 Water Resources Development Act of 2020 (33 U.S.C. 

19 2201 note; Public Law 116–260) is amended— 

20 (1) in paragraph (2)(B), by striking ‘‘a total of 

21 10’’; 

22 (2) by redesignating paragraphs (4) and (5) as 

23 paragraphs (5) and (6), respectively; and 

24 (3) by inserting after paragraph (3) the fol25 lowing: 


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1 ‘‘(4) MAXIMUM FEDERAL AMOUNT.—For a 

2 project carried out under this subsection, the max3 imum Federal amount, if applicable, shall be in4 creased by the commensurate amount of the non5 Federal share that would otherwise be required for 

6 the project under the applicable continuing authority 

7 program.’’. 

8 SEC. 313. REHABILITATION OF CORPS OF ENGINEERS CON9 STRUCTED PUMP STATIONS. 

10 Section 133 of the Water Resources Development Act 

11 of 2020 (33 U.S.C. 2327a) is amended— 

12 (1) in subsection (a), by striking paragraph (1) 

13 and inserting the following: 

14 ‘‘(1) ELIGIBLE PUMP STATION.—The term ‘eli15 gible pump station’ means a pump station that— 

16 ‘‘(A) is a feature of a federally authorized 

17 flood or coastal storm risk management project; 

18 or 

19 ‘‘(B) if inoperable, would impair drainage 

20 of water from areas interior to a federally au21 thorized flood or coastal storm risk manage22 ment project.’’; 

23 (2) by striking subsection (b) and inserting the 

24 following: 


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

2 rehabilitation of an eligible pump station, if the Secretary 

3 determines that— 

4 ‘‘(1) the pump station has a major deficiency; 

5 and 

6 ‘‘(2) the rehabilitation is feasible.’’; and 

7 (3) by striking subsection (f) and inserting the 

8 following: 

9 ‘‘(f) PRIORITIZATION.—To the maximum extent prac10 ticable, the Secretary shall prioritize the provision of as11 sistance under this section to economically disadvantaged 

12 communities.’’. 

13 SEC. 314. CHESAPEAKE BAY ENVIRONMENTAL RESTORA14 TION AND PROTECTION PROGRAM. 

15 Section 510(a)(2) of the Water Resources Develop16 ment Act of 1996 (110 Stat. 3759; 128 Stat. 1317) is 

17 amended— 

18 (1) in subparagraph (B), by inserting ‘‘and 

19 streambanks’’ after ‘‘shorelines’’; 

20 (2) in subparagraph (E), by striking ‘‘and’’ at 

21 the end; 

22 (3) by redesignating subparagraph (F) as sub23 paragraph (H); and 

24 (4) by inserting after subparagraph (E) the fol25 lowing: 


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1 ‘‘(F) wastewater treatment and related fa2 cilities; 

3 ‘‘(G) stormwater and drainage systems; 

4 and’’. 

5 SEC. 315. EVALUATION OF HYDROLOGIC CHANGES IN 

6 SOURIS RIVER BASIN. 

7 The Secretary is authorized to evaluate hydrologic 

8 changes affecting the agreement entitled ‘‘Agreement Be9 tween the Government of Canada and the United States 

10 of America for Water Supply and Flood Control in The 

11 Souris River Basin’’, signed in 1989. 

12 SEC. 316. MEMORANDUM OF UNDERSTANDING RELATING 

13 TO BALDHILL DAM, NORTH DAKOTA. 

14 The Secretary may enter into a memorandum of un15 derstanding with the non-Federal interest for the Red 

16 River Valley Water Supply Project to accommodate flows 

17 for downstream users through Baldhill Dam, North Da18 kota. 

19 SEC. 317. UPPER MISSISSIPPI RIVER RESTORATION PRO20 GRAM. 

21 Section 1103(e)(3) of the Water Resources Develop22 ment Act of 1986 (33 U.S.C. 652(e)(3)) is amended by 

23 striking ‘‘$40,000,000’’ and inserting ‘‘$75,000,000’’. 


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1 SEC. 318. HARMFUL ALGAL BLOOM DEMONSTRATION PRO2 GRAM. 

3 Section 128(c) of the Water Resources Development 

4 Act of 2020 (33 U.S.C. 610 note; Public Law 116–260) 

5 is amended by inserting ‘‘the Upper Mississippi River and 

6 its tributaries,’’ after ‘‘New York,’’. 

7 SEC. 319. COLLETON COUNTY, SOUTH CAROLINA. 

8 Section 221(a)(4)(C)(i) of the Flood Control Act of 

9 1970 (42 U.S.C. 1962d–5b(a)(4)(C)(i)) shall not apply to 

10 construction carried out by the non-Federal interest before 

11 the date of enactment of this Act for the project for hurri12 cane and storm damage risk reduction, Colleton County, 

13 South Carolina, authorized by section 1401(3) of the 

14 Water Resources Development Act of 2016 (130 Stat. 

15 1711). 

16 SEC. 320. ARKANSAS RIVER CORRIDOR, OKLAHOMA. 

17 Section 3132 of the Water Resources Development 

18 Act of 2007 (121 Stat. 1141) is amended by striking sub19 section (b) and inserting the following: 

20 ‘‘(b) AUTHORIZED COST.—The Secretary is author21 ized to carry out construction of a project under this sec22 tion at a total cost of $128,400,000, with the cost shared 

23 in accordance with section 103 of the Water Resources 

24 Development Act of 1986 (33 U.S.C. 2213). 

25 ‘‘(c) ADDITIONAL FEASIBILITY STUDIES AUTHOR26 IZED.— 


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

2 to carry out feasibility studies for purposes of rec3 ommending to the Committee on Environment and 

4 Public Works of the Senate and the Committee on 

5 Transportation and Infrastructure of the House of 

6 Representatives additional projects under this sec7 tion. 

8 ‘‘(2) TREATMENT.—An additional feasibility 

9 study carried out under this subsection shall be con10 sidered a continuation of the feasibility study that 

11 formulated the project carried out under subsection 

12 (b).’’. 

13 SEC. 321. ABANDONED AND INACTIVE NONCOAL MINE RES14 TORATION. 

15 Section 560 of the Water Resources Development Act 

16 of 1999 (33 U.S.C. 2336) is amended— 

17 (1) in subsection (c), by inserting ‘‘or on land 

18 taken into trust by the Secretary of the Interior on 

19 behalf of, and for the benefit of, an Indian Tribe’’ 

20 after ‘‘land owned by the United States’’; and 

21 (2) in subsection (f), by striking ‘‘$30,000,000’’ 

22 and inserting ‘‘$50,000,000’’. 


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1 SEC. 322. ASIAN CARP PREVENTION AND CONTROL PILOT 

2 PROGRAM. 

3 Section 509(a)(2) of the Water Resources Develop4 ment Act of 2020 (33 U.S.C. 610 note; Public Law 116– 

5 260) is amended— 

6 (1) in subparagraph (A), by striking ‘‘or Ten7 nessee River Watershed’’ and inserting ‘‘, Tennessee 

8 River Watershed, or Tombigbee River Watershed’’; 

9 and 

10 (2) in subparagraph (C)(i), by inserting ‘‘, of 

11 which not less than 1 shall be carried out on the 

12 Tennessee–Tombigbee Waterway’’ before the period 

13 at the end. 

14 SEC. 323. FORMS OF ASSISTANCE. 

15 Section 592(b) of the Water Resources Development 

16 Act of 1999 (113 Stat. 379) is amended by striking ‘‘and 

17 surface water resource protection and development’’ and 

18 inserting ‘‘surface water resource protection and develop19 ment, stormwater management, drainage systems, and 

20 water quality enhancement’’. 

21 SEC. 324. DEBRIS REMOVAL, NEW YORK HARBOR, NEW 

22 YORK. 

23 (a) IN GENERAL.—Beginning on the date of enact24 ment of this Act, the project for New York Harbor collec25 tion and removal of drift, authorized by section 91 of the 

26 Water Resources Development Act of 1974 (88 Stat. 39), 


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1 and deauthorized pursuant to section 6001 of the Water 

2 Resources Reform and Development Act of 2014 (33 

3 U.S.C. 579b) (as in effect on the day before the date of 

4 enactment of the WIIN Act (130 Stat. 1628)), is author5 ized to be carried out by the Secretary. 

6 (b) FEASIBILITY STUDY.— The Secretary shall carry 

7 out, and submit to the Committee on Environment and 

8 Public Works of the Senate and the Committee on Trans9 portation and Infrastructure of the House of Representa10 tives a report on the results of, a feasibility study for the 

11 project described in subsection (a). 

12 SEC. 325. INVASIVE SPECIES MANAGEMENT. 

13 Section 104 of the River and Harbor Act of 1958 

14 (33 U.S.C. 610) is amended— 

15 (1) in subsection (b)(2)(A)(ii)— 

16 (A) by striking ‘‘$50,000,000’’ and insert17 ing ‘‘$75,000,000’’; and 

18 (B) by striking ‘‘2024’’ and inserting 

19 ‘‘2028’’; and 

20 (2) in subsection (g)(2)— 

21 (A) in subparagraph (A)— 

22 (i) by striking ‘‘water quantity or 

23 water quality’’ and inserting ‘‘water quan24 tity, water quality, or ecosystems’’; and 


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1 (ii) by inserting ‘‘the Lake Erie 

2 Basin, the Ohio River Basin,’’ after ‘‘the 

3 Upper Snake River Basin,’’; and 

4 (B) in subparagraph (B), by inserting ‘‘, 

5 hydrilla (Hydrilla verticillata),’’ after 

6 ‘‘angustifolia)’’. 

7 SEC. 326. WOLF RIVER HARBOR, TENNESSEE. 

8 Beginning on the date of enactment of this Act, the 

9 project for navigation, Wolf River Harbor, Tennessee, au10 thorized by title II of the Act of June 16, 1933 (48 Stat. 

11 200, chapter 90) (commonly known as the ‘‘National In12 dustrial Recovery Act’’), and modified by section 203 of 

13 the Flood Control Act of 1958 (72 Stat. 308), is modified 

14 to reduce the authorized dimensions of the project, such 

15 that the remaining authorized dimensions are a 250-foot16 wide, 9-foot-depth channel with a center line beginning at 

17 a point 35.139634, -90.062343 and extending approxi18 mately 8,500 feet to a point 35.160848, -90.050566. 

19 SEC. 327. MISSOURI RIVER MITIGATION, MISSOURI, KAN20 SAS, IOWA, AND NEBRASKA. 

21 The matter under the heading ‘‘MISSOURI RIVER

22 MITIGATION, MISSOURI, KANSAS, IOWA, AND NEBRASKA’’ 

23 in section 601(a) of the Water Resources Development Act 

24 of 1986 (100 Stat. 4143; 121 Stat. 1155), as modified 

25 by section 334 of the Water Resources Development Act 


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1 of 1999 (113 Stat. 306), is amended by adding at the 

2 end the following: ‘‘When acquiring land to meet the re3 quirements of fish and wildlife mitigation, the Secretary 

4 may consider incidental flood risk management benefits.’’. 

5 SEC. 328. INVASIVE SPECIES MANAGEMENT PILOT PRO6 GRAM. 

7 Section 104(f)(4) of the River and Harbor Act of 

8 1958 (33 U.S.C. 610(f)(4)) is amended by striking 

9 ‘‘2024’’ and inserting ‘‘2026’’. 

10 SEC. 329. NUECES COUNTY, TEXAS, CONVEYANCES. 

11 (a) IN GENERAL.—On receipt of a written request 

12 of the Port of Corpus Christi, the Secretary shall— 

13 (1) review the land owned and easements held 

14 by the United States for purposes of navigation in 

15 Nueces County, Texas; and 

16 (2) convey to the Port of Corpus Christi or, in 

17 the case of an easement, release to the owner of the 

18 fee title to the land subject to such easement, with19 out consideration, all such land and easements de20 scribed in paragraph (1) that the Secretary deter21 mines are no longer required for project purposes. 

22 (b) CONDITIONS.— 

23 (1) QUITCLAIM DEED.—Any conveyance of land 

24 under this section shall be by quitclaim deed. 


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1 (2) TERMS AND CONDITIONS.—The Secretary 

2 may subject any conveyance or release of easement 

3 under this section to such terms and conditions as 

4 the Secretary determines necessary and advisable to 

5 protect the United States. 

6 (c) ADMINISTRATIVE COSTS.—In accordance with 

7 section 2695 of title 10, United States Code, the Port of 

8 Corpus Christi shall be responsible for the costs incurred 

9 by the Secretary to convey land or release easements 

10 under this section. 

11 (d) WAIVER OF REAL PROPERTY SCREENING RE12 QUIREMENTS.—Section 2696 of title 10, United States 

13 Code, shall not apply to the conveyance of land or release 

14 of easements under this section. 

15 SEC. 330. MISSISSIPPI DELTA HEADWATERS, MISSISSIPPI. 

16 As part of the authority of the Secretary to carry out 

17 the project for flood damage reduction, bank stabilization, 

18 and sediment and erosion control, Yazoo Basin, Mis19 sissippi Delta Headwaters, Mississippi, authorized by the 

20 matter under the heading ‘‘ENHANCEMENT OF WATER RE21 SOURCE BENEFITS AND FOR EMERGENCY DISASTER

22 WORK’’ in title I of Public Law 98–8 (97 Stat. 22), the 

23 Secretary may carry out emergency maintenance activi24 ties, as the Secretary determines to be necessary, for feaVerDate Sep 11 2014 02:00 May 05, 2022 Jkt 029200 PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 E:\BILLS\S4136.RS S4136

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1 tures of the project completed before the date of enact2 ment of this Act. 

3 SEC. 331. ECOSYSTEM RESTORATION, HUDSON–RARITAN 

4 ESTUARY, NEW YORK AND NEW JERSEY. 

5 (a) IN GENERAL.—The Secretary may carry out ad6 ditional feasibility studies for ecosystem restoration, Hud7 son–Raritan Estuary, New York and New Jersey, includ8 ing an examination of measures and alternatives at 

9 Baisley Pond Park and the Richmond Terrace Wetlands. 

10 (b) TREATMENT.—A feasibility study carried out 

11 under subsection (a) shall be considered a continuation of 

12 the study that formulated the project for ecosystem res13 toration, Hudson–Raritan Estuary, New York and New 

14 Jersey, authorized by section 401(5) of the Water Re15 sources Development Act of 2020 (134 Stat. 2740). 

16 SEC. 332. TIMELY REIMBURSEMENT. 

17 (a) DEFINITION OF COVERED PROJECT.—In this sec18 tion, the term ‘‘covered project’’ means a project for navi19 gation authorized by section 1401(1) of the WIIN Act 

20 (130 Stat. 1708). 

21 (b) REIMBURSEMENT REQUIRED.—In the case of a 

22 covered project for which the non-Federal interest has ad23 vanced funds for construction of the project, the Secretary 

24 shall reimburse the non-Federal interest for advanced 

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1 struction of the project as soon as practicable after the 

2 completion of each individual contract for the project. 

3 SEC. 333. NEW SAVANNAH BLUFF LOCK AND DAM, GEORGIA 

4 AND SOUTH CAROLINA. 

5 Section 1319(c) of the WIIN Act (130 Stat. 1704) 

6 is amended by striking paragraph (2) and inserting the 

7 following: 

8 ‘‘(2) COST-SHARE.— 

9 ‘‘(A) IN GENERAL.—The costs of construc10 tion of a Project feature constructed pursuant 

11 to paragraph (1) shall be determined in accord12 ance with section 101(a)(1)(B) of the Water 

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

14 2211(a)(1)(B)). 

15 ‘‘(B) SAVINGS PROVISION.—Any increase 

16 in costs for the Project due to the construction 

17 of a Project feature described in subparagraph 

18 (A) shall not be included in the total project 

19 cost for purposes of section 902 of the Water 

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

21 2280).’’. 

22 SEC. 334. LAKE TAHOE BASIN RESTORATION, NEVADA AND 

23 CALIFORNIA. 

24 (a) DEFINITION.—In this section, the term ‘‘Lake 

25 Tahoe Basin’’ means the entire watershed drainage of 


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1 Lake Tahoe including that portion of the Truckee River 

2 1,000 feet downstream from the United States Bureau of 

3 Reclamation dam in Tahoe City, California. 

4 (b) ESTABLISHMENT OF PROGRAM.—The Secretary 

5 may establish a program for providing environmental as6 sistance to non-Federal interests in Lake Tahoe Basin. 

7 (c) FORM OF ASSISTANCE.—Assistance under this 

8 section may be in the form of planning, design, and con9 struction assistance for water-related environmental infra10 structure and resource protection and development 

11 projects in Lake Tahoe Basin— 

12 (1) urban stormwater conveyance, treatment 

13 and related facilities; 

14 (2) watershed planning, science and research; 

15 (3) environmental restoration; and 

16 (4) surface water resource protection and devel17 opment. 

18 (d) PUBLIC OWNERSHIP REQUIREMENT.—The Sec19 retary may provide assistance for a project under this sec20 tion only if the project is publicly owned. 

21 (e) LOCAL COOPERATION AGREEMENT.— 

22 (1) IN GENERAL.—Before providing assistance 

23 under this section, the Secretary shall enter into a 

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1 terest to provide for design and construction of the 

2 project to be carried out with the assistance. 

3 (2) REQUIREMENTS.—Each local cooperation 

4 agreement entered into under this subsection shall 

5 provide for the following: 

6 (A) PLAN.—Development by the Secretary, 

7 in consultation with appropriate Federal and 

8 State and Regional officials, of appropriate en9 vironmental documentation, engineering plans 

10 and specifications. 

11 (B) LEGAL AND INSTITUTIONAL STRUC12 TURES.—Establishment of such legal and insti13 tutional structures as are necessary to ensure 

14 the effective long-term operation of the project 

15 by the non-Federal interest. 

16 (3) COST SHARING.— 

17 (A) IN GENERAL.—The Federal share of 

18 project costs under each local cooperation 

19 agreement entered into under this subsection 

20 shall be 75 percent. The Federal share may be 

21 in the form of grants or reimbursements of 

22 project costs. 

23 (B) CREDIT FOR DESIGN WORK.—The 

24 non-Federal interest shall receive credit for the 

25 reasonable costs of planning and design work 


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1 completed by the non-Federal interest before 

2 entering into a local cooperation agreement with 

3 the Secretary for a project. 

4 (C) LAND, EASEMENTS, RIGHTS-OF-WAY, 

5 AND RELOCATIONS.—The non-Federal interest 

6 shall receive credit for land, easements, rights7 of-way, and relocations provided by the non8 Federal interest toward the non-Federal share 

9 of project costs (including all reasonable costs 

10 associated with obtaining permits necessary for 

11 the construction, operation, and maintenance of 

12 the project on publicly owned or controlled 

13 land), but not to exceed 25 percent of total 

14 project costs. 

15 (D) OPERATION AND MAINTENANCE.—The 

16 non-Federal share of operation and mainte17 nance costs for projects constructed with assist18 ance provided under this section shall be 100 

19 percent. 

20 (f) APPLICABILITY OF OTHER FEDERAL AND STATE

21 LAWS.—Nothing in this section waives, limits, or other22 wise affects the applicability of any provision of Federal 

23 or State law that would otherwise apply to a project to 

24 be carried out with assistance provided under this section. 


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1 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section for 

3 the period beginning with fiscal year 2005, $50,000,000, 

4 to remain available until expended. 

5 (h) REPEAL.—Section 108 of division C of the Con6 solidated Appropriations Act, 2005 (118 Stat. 2942), is 

7 repealed. 

8 (i) TREATMENT.—The program authorized by this 

9 section shall be considered a continuation of the program 

10 authorized by section 108 of division C of the Consolidated 

11 Appropriations Act, 2005 (118 Stat. 2942) (as in effect 

12 on the day before the date of enactment of this Act). 

13 SEC. 335. ADDITIONAL ASSISTANCE FOR EASTERN SANTA 

14 CLARA BASIN, CALIFORNIA. 

15 Section 111 of title I of division B of the Miscella16 neous Appropriations Act, 2001 (as enacted by section 

17 1(a)(4) of the Consolidated Appropriations Act, 2001 (114 

18 Stat. 2763; 114 Stat. 2763A–224; 121 Stat. 1209)), is 

19 amended— 

20 (1) in subsection (a), by inserting ‘‘and volatile 

21 organic compounds’’ after ‘‘perchlorates’’; and 

22 (2) in subsection (b)(3), by inserting ‘‘and vola23 tile organic compounds’’ after ‘‘perchlorates’’. 


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1 SEC. 336. TRIBAL PARTNERSHIP PROGRAM. 

2 Section 203 of the Water Resources Development Act 

3 of 2000 (33 U.S.C. 2269) is amended— 

4 (1) in subsection (a), by striking ‘‘(25 U.S.C. 

5 450b)’’ and inserting ‘‘(25 U.S.C. 5304)’’; 

6 (2) in subsection (b)— 

7 (A) in paragraph (2)(A)— 

8 (i) by inserting ‘‘or coastal storm’’ 

9 after ‘‘flood’’; and 

10 (ii) by inserting ‘‘including erosion 

11 control,’’ after ‘‘reduction,’’; 

12 (B) in paragraph (3), by adding at the end 

13 the following: 

14 ‘‘(C) FEDERAL INTEREST DETERMINA15 TION.—The first $100,000 of the costs of a 

16 study under this section shall be at full Federal 

17 expense.’’; 

18 (C) in paragraph (4)— 

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

20 ‘‘$18,500,000’’ and inserting 

21 ‘‘$26,000,000’’; and 

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

23 ‘‘$18,500,000’’ and inserting 

24 ‘‘$26,000,000’’; and 

25 (D) by adding at the end the following: 


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1 ‘‘(5) PROJECT JUSTIFICATION.—Notwith2 standing any other provision of law or requirement 

3 for economic justification established under section 

4 209 of the Flood Control Act of 1970 (42 U.S.C. 

5 1962–2) for a project (other than a project for eco6 system restoration), the Secretary may implement a 

7 project under this section if the Secretary deter8 mines that the project will— 

9 ‘‘(A) significantly reduce potential flood or 

10 coastal storm damages, which may include or be 

11 limited to damages due to shoreline erosion or 

12 riverbank or streambank failures; 

13 ‘‘(B) improve the quality of the environ14 ment; 

15 ‘‘(C) reduce risks to life safety associated 

16 with the damages described in subparagraph 

17 (A); and 

18 ‘‘(D) improve the long-term viability of the 

19 community.’’; 

20 (3) in subsection (d)(5)(B)— 

21 (A) by striking ‘‘non-Federal’’ and insert22 ing ‘‘Federal’’; and 

23 (B) by striking ‘‘50 percent’’ and inserting 

24 ‘‘100 percent’’; and 


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1 (4) in subsection (e), by striking ‘‘2024’’ and 

2 inserting ‘‘2033’’. 

3 SEC. 337. SURPLUS WATER CONTRACTS AND WATER STOR4 AGE AGREEMENTS. 

5 Section 1046(c) of the Water Resources Reform and 

6 Development Act of 2014 (128 Stat. 1254; 132 Stat. 

7 3784; 134 Stat. 2715) is amended— 

8 (1) by striking paragraph (3); and 

9 (2) by redesignating paragraph (4) as para10 graph (3). 

11 SEC. 338. COPAN LAKE, OKLAHOMA. 

12 (a) IN GENERAL.—The Secretary shall amend Con13 tract DACW56-81-C-0114 between the United States and 

14 the Copan Public Works Authority (referred to in this sec15 tion as the ‘‘Authority’’), entered into on June 22, 1981, 

16 for the utilization by the Authority of storage space for 

17 water supply in Copan Lake, Oklahoma (referred to in this 

18 section as the ‘‘project’’)— 

19 (1) to release to the United States all rights of 

20 the Authority to utilize 4,750 acre-feet of future use 

21 water storage space; and 

22 (2) to relieve the Authority from all financial 

23 obligations, to include the initial project investment 

24 costs and the accumulated interest on unpaid project 


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1 investment costs, for the volume of water storage 

2 space described in paragraph (1). 

3 (b) REQUIREMENT.—During the 2-year period begin4 ning on the effective date of execution of the contract 

5 amendment under subsection (a), the Secretary shall— 

6 (1) provide the City of Bartlesville, Oklahoma, 

7 with the right of first refusal to contract for the uti8 lization of storage space for water supply for any 

9 portion of the storage space that was released by the 

10 Authority under subsection (a); and 

11 (2) ensure that the City of Bartlesville, Okla12 homa, shall not pay more than 110 percent of the 

13 initial project investment cost per acre-foot of stor14 age for the acre-feet of storage space sought under 

15 an agreement under paragraph (1). 

16 SEC. 339. ENHANCED DEVELOPMENT PROGRAM. 

17 The Secretary shall fully implement opportunities for 

18 enhanced development at Oklahoma Lakes under the au19 thorities provided in section 3134 of the Water Resources 

20 Development Act of 2007 (121 Stat. 1142; 130 Stat. 

21 1671) and section 164 of the Water Resources Develop22 ment Act of 2020 (134 Stat. 2668). 

23 SEC. 340. ECOSYSTEM RESTORATION COORDINATION. 

24 (a) IN GENERAL.—In carrying out the project for 

25 ecosystem restoration, South Fork of the South Branch 


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1 of the Chicago River, Bubbly Creek, Illinois, authorized 

2 by section 401(5) of the Water Resources Development 

3 Act of 2020 (134 Stat. 2740), the Secretary shall coordi4 nate to the maximum extent practicable with the Adminis5 trator of the Environmental Protection Agency, State en6 vironmental agencies, and regional coordinating bodies re7 sponsible for the remediation of toxics. 

8 (b) SAVINGS PROVISION.—Nothing in this section ex9 tends liability to the Secretary for any remediation of 

10 toxics present at the project site referred to in subsection 

11 (a) prior to the date of authorization of that project. 

12 SEC. 341. ACEQUIAS IRRIGATION SYSTEMS. 

13 Section 1113 of the Water Resources Development 

14 Act of 1986 (100 Stat. 4232) is amended— 

15 (1) in subsection (b)— 

16 (A) by striking ‘‘(b) Subject to section 

17 903(a) of this Act, the Secretary is authorized 

18 and directed to undertake’’ and inserting the 

19 following: 

20 ‘‘(b) AUTHORIZATION.—Subject to section 903(a), 

21 the Secretary shall carry out’’; and 

22 (B) by striking ‘‘canals’’ and all that fol23 lows through ‘‘25 percent.’’ and inserting the 

24 following: ‘‘channels attendant to the operations 


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1 of the community ditch and Acequia systems in 

2 New Mexico that— 

3 ‘‘(1) are declared to be a political subdivision of 

4 the State; or 

5 ‘‘(2) belong to a federally recognized Indian 

6 Tribe.’’; 

7 (2) by redesignating subsection (c) as sub8 section (e); 

9 (3) by inserting after subsection (b) the fol10 lowing: 

11 ‘‘(c) INCLUSIONS.—The measures described in sub12 section (b) shall, to the maximum extent practicable— 

13 ‘‘(1) ensure greater resiliency of diversion struc14 tures, including to flow variations, prolonged 

15 drought conditions, invasive plant species, and 

16 threats from changing hydrological and climatic con17 ditions; or 

18 ‘‘(2) support research, development, and train19 ing for innovative management solutions, including 

20 those for controlling invasive aquatic plants that af21 fect Acequias. 

22 ‘‘(d) COSTS.— 

23 ‘‘(1) TOTAL COST.—The measures described in 

24 subsection (b) shall be carried out at a total cost of 

25 $80,000,000. 


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1 ‘‘(2) COST SHARING.— 

2 ‘‘(A) IN GENERAL.—Except as provided in 

3 subparagraph (B), the non-Federal share of the 

4 cost of carrying out the measures described in 

5 subsection (b) shall be 25 percent. 

6 ‘‘(B) SPECIAL RULE.—In the case of a 

7 project benefitting an economically disadvan8 taged community (as defined pursuant to sec9 tion 160 of the Water Resources Development 

10 Act of 2020 (33 U.S.C. 2201 note; Public Law 

11 116–260)), the Federal share of the cost of car12 rying out the measures described in subsection 

13 (b) shall be 90 percent.’’; and 

14 (4) in subsection (e) (as so redesignated)— 

15 (A) in the first sentence— 

16 (i) by striking ‘‘(e) The Secretary is 

17 further authorized and directed to’’ and in18 serting the following: 

19 ‘‘(e) PUBLIC ENTITY STATUS.— 

20 ‘‘(1) IN GENERAL.—The Secretary shall’’; and 

21 (ii) by inserting ‘‘or belong to a feder22 ally recognized Indian Tribe within the 

23 State of New Mexico’’ after ‘‘that State’’; 

24 and 


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1 (B) in the second sentence, by striking 

2 ‘‘This public entity status will allow the officials 

3 of these Acequia systems’’ and inserting the fol4 lowing: 

5 ‘‘(2) EFFECT.—The public entity status pro6 vided pursuant to paragraph (1) shall allow the offi7 cials of the Acequia systems described in that para8 graph’’. 

9 SEC. 342. ROGERS COUNTY, OKLAHOMA. 

10 (a) CONVEYANCE.—The Secretary is authorized to 

11 convey to the City of Tulsa–Rogers County Port Authority 

12 (referred to in this section as the ‘‘Port Authority’’), for 

13 fair market value, all right, title, and interest of the 

14 United States in and to the Federal land described in sub15 section (b). 

16 (b) FEDERAL LAND DESCRIBED.— 

17 (1) IN GENERAL.—The Federal land to be con18 veyed under this section is the approximately 176 

19 acres of Federal land located on the following 3 par20 cels in Rogers County, Oklahoma: 

21 (A) Parcel 1 includes U.S. tract 119 (par22 tial), U.S. tract 123, U.S. tract 120, U.S. tract 

23 125, and U.S. tract 118 (partial). 

24 (B) Parcel 2 includes U.S. tract 124 (par25 tial) and U.S. tract 128 (partial). 


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1 (C) Parcel 3 includes U.S. tract 128 (par2 tial). 

3 (2) DETERMINATION REQUIRED.— 

4 (A) IN GENERAL.—Subject to paragraph 

5 (1) and subparagraphs (B), (C), and (D), the 

6 Secretary shall determine the exact property de7 scription and acreage of the Federal land to be 

8 conveyed under this section. 

9 (B) REQUIREMENT.—In making the deter10 mination under subparagraph (A), the Sec11 retary shall reserve from conveyance such ease12 ments, rights-of-way, and other interests as the 

13 Secretary determines to be necessary and ap14 propriate to ensure the continued operation of 

15 the McClellan-Kerr Arkansas River navigation 

16 project, including New Graham Lock and Dam 

17 18 as a part of that project, as authorized 

18 under the comprehensive plan for the Arkansas 

19 River Basin by section 3 of the Act of June 28, 

20 1938 (52 Stat. 1218, chapter 795), and section 

21 10 of the Flood Control Act of 1946 (60 Stat. 

22 647, chapter 596) and where applicable the 

23 provisions of the River and Harbor Act of 1946 

24 (60 Stat. 634, chapter 595) and modified by 

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1 ment Appropriation Act, 1988 (Public Law 

2 100–202; 101 Stat. 1329–112), and section 

3 136 of the Energy and Water Development Ap4 propriations Act, 2004 (Public Law 108–137; 

5 117 Stat. 1842). 

6 (C) OBSTRUCTIONS TO NAVIGABLE CAPAC7 ITY.—A conveyance under this section shall not 

8 affect the jurisdiction of the Secretary under 

9 section 10 of the Act of March 3, 1899 (com10 monly known as the ‘‘Rivers and Harbors Act 

11 of 1899’’) (30 Stat. 1151, chapter 425; 33 

12 U.S.C. 403) with respect to the Federal land 

13 conveyed. 

14 (D) SURVEY REQUIRED.—The exact acre15 age and the legal description of any Federal 

16 land conveyed under this section shall be deter17 mined by a survey that is satisfactory to the 

18 Secretary. 

19 (c) APPLICABILITY.—Section 2696 of title 10, United 

20 States Code, shall not apply to the conveyance under this 

21 section. 

22 (d) COSTS.—The Port Authority shall be responsible 

23 for all reasonable and necessary costs, including real es24 tate transaction and environmental documentation costs, 

25 associated with the conveyance. 


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1 (e) HOLD HARMLESS.— 

2 (1) IN GENERAL.—The Port Authority shall 

3 hold the United States harmless from any liability 

4 with respect to activities carried out on or after the 

5 date of the conveyance under this section on the 

6 Federal land conveyed. 

7 (2) LIMITATION.—The United States shall re8 main responsible for any liability incurred with re9 spect to activities carried out before the date of the 

10 conveyance under this section on the Federal land 

11 conveyed. 

12 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec13 retary may require that the conveyance under this section 

14 be subject to such additional terms and conditions as the 

15 Secretary considers necessary and appropriate to protect 

16 the interests of the United States. 

17 SEC. 343. WATER SUPPLY STORAGE REPAIR, REHABILITA18 TION, AND REPLACEMENT COSTS. 

19 Section 301(b) of the Water Supply Act of 1958 (43 

20 U.S.C. 390b(b)) is amended, in the fourth proviso, by 

21 striking the second sentence and inserting the following: 

22 ‘‘For Corps of Engineers projects, all annual operation 

23 and maintenance costs for municipal and industrial water 

24 supply storage under this section shall be reimbursed from 

25 State or local interests on an annual basis, and all repair, 


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1 rehabilitation, and replacement costs shall be reimbursed 

2 from State or local interests (1) without interest, during 

3 construction of the repair, rehabilitation, or replacement, 

4 (2) with interest, in lump sum on the completion of the 

5 repair, rehabilitation, or replacement, or (3) at the request 

6 of the State or local interest, with interest, over a period 

7 of not more than 25 years beginning on the date of com8 pletion of the repair, rehabilitation, or replacement, with 

9 repayment contracts providing for recalculation of the in10 terest rate at 5-year intervals. At the request of the State 

11 or local interest, the Secretary of the Army shall amend 

12 a repayment contract entered into under this section on 

13 or before the date of enactment of this sentence for the 

14 purpose of incorporating the terms and conditions de15 scribed in paragraph (3) of the preceding sentence.’’. 

16 SEC. 344. NON-FEDERAL PAYMENT FLEXIBILITY. 

17 Section 103(l) of the Water Resources Development 

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

19 (1) by striking the subsection designation and 

20 heading and all that follows through ‘‘At the request 

21 of’’ in the first sentence and inserting the following: 

22 ‘‘(l) DELAY OF PAYMENT.— 

23 ‘‘(1) INITIAL PAYMENT.—At the request of’’; 

24 and 

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


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1 ‘‘(2) INTEREST.— 

2 ‘‘(A) IN GENERAL.—At the request of any 

3 non-Federal interest, the Secretary may waive 

4 the accrual of interest on any non-Federal cash 

5 contribution under this section or section 101 

6 for a project for a period of not more than 1 

7 year if the Secretary determines that— 

8 ‘‘(i) the waiver will contribute to the 

9 ability of the non-Federal interest to make 

10 future contributions; and 

11 ‘‘(ii) the non-Federal interest is in 

12 good standing under terms agreed to under 

13 subsection (k)(1). 

14 ‘‘(B) LIMITATIONS.—The Secretary may 

15 grant not more than 1 waiver under subpara16 graph (A) for the same project.’’. 

17 SEC. 345. NORTH PADRE ISLAND, CORPUS CHRISTI BAY, 

18 TEXAS. 

19 The project for ecosystem restoration, North Padre 

20 Island, Corpus Christi Bay, Texas, constructed by the Sec21 retary prior to the date of enactment of this Act under 

22 section 556 of the Water Resources Development Act of 

23 1999 (113 Stat. 353), shall not be eligible for repair and 

24 restoration assistance under section 5(a) of the Act of Au25 gust 18, 1941 (commonly known as the ‘‘Flood Control 


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1 Act of 1941’’) (55 Stat. 650, chapter 377; 33 U.S.C. 

2 701n(a)). 

3 SEC. 346. WAIVER OF NON-FEDERAL SHARE OF DAMAGES 

4 RELATED TO CERTAIN CONTRACT CLAIMS. 

5 In a case in which the Armed Services Board of Con6 tract Appeals or a court of competent jurisdiction ren7 dered a decision on a date that was at least 20 years be8 fore the date of enactment of this Act awarding damages 

9 to a contractor relating to the adjudication of claims aris10 ing from the construction of general navigation features 

11 of a project carried out under section 107 of the River 

12 and Harbor Act of 1960 (33 U.S.C. 577), notwithstanding 

13 the terms of the Project Partnership Agreement, the Sec14 retary shall waive payment of the share of the non-Federal 

15 interest of such damages, including attorney’s fees, if the 

16 Secretary— 

17 (1) terminated construction of the project prior 

18 to completion of all features; and 

19 (2) has not collected payment from the non20 Federal interest before the date of enactment of this 

21 Act. 

22 SEC. 347. ALGIERS CANAL LEVEES, LOUISIANA. 

23 In accordance with section 328 of the Water Re24 sources Development Act of 1999 (113 Stat. 304; 121 

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1 nance, repair, rehabilitation, and replacement of the Al2 giers Canal Levees, Louisiana, at full Federal expense. 

3 SEC. 348. ISRAEL RIVER ICE CONTROL PROJECT, LAN4 CASTER, NEW HAMPSHIRE. 

5 Beginning on the date of enactment of this Act, the 

6 project for flood control, Israel River, Lancaster, New 

7 Hampshire, authorized by section 205 of the Flood Con8 trol Act of 1948 (33 U.S.C. 701s) is no longer authorized. 

9 SEC. 349. CITY OF EL DORADO, KANSAS. 

10 The Secretary shall amend Contract DACW56–72– 

11 C–0220, between the United States and the City of El 

12 Dorado, Kansas, entered into on June 30, 1972, for the 

13 utilization by the City of storage space for water supply 

14 in El Dorado Lake, Kansas, to change the method of cal15 culation of the interest charges that began accruing on 

16 June 30, 1991, on the investment costs for the 72,087 

17 acre-feet of future use storage space, from compounding 

18 interest annually to charging simple interest annually on 

19 the principal amount, until— 

20 (1) the City desires to convert the future use 

21 storage space to present use; and 

22 (2) the principal amount plus the accumulated 

23 interest becomes payable pursuant to the terms of 

24 the Contract. 


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1 SEC. 350. UPPER MISSISSIPPI RIVER PROTECTION. 

2 Section 2010 of the Water Resources Reform and De3 velopment Act of 2014 (128 Stat. 1270; 132 Stat. 3812) 

4 is amended by adding at the end the following: 

5 ‘‘(f) LIMITATION.—The Secretary shall not rec6 ommend deauthorization of the Upper St. Anthony Falls 

7 Lock and Dam unless the Secretary identifies a willing 

8 and capable non-Federal public entity to assume owner9 ship of the lock and dam. 

10 ‘‘(g) MODIFICATION.—The Secretary is authorized to 

11 investigate the feasibility of modifying the Upper St. An12 thony Falls Lock and Dam to add ecosystem restoration, 

13 including the prevention and control of invasive species, 

14 as an authorized purpose.’’. 

15 SEC. 351. REGIONAL CORPS OF ENGINEERS OFFICE, COR16 PUS CHRISTI, TEXAS. 

17 (a) IN GENERAL.—At such time as new facilities are 

18 available to the Corps of Engineers, and subject to this 

19 section, the Secretary shall convey to the Port of Corpus 

20 Christi Authority, by deed and without warranty, all right, 

21 title, and interest of the United States in and to the prop22 erty described in subsection (c). 

23 (b) CONSIDERATION.—Consideration for the convey24 ance under subsection (a) shall be determined by an ap25 praisal, satisfactory to the Secretary, of the market value 

26 of the property conveyed. 


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1 (c) DESCRIPTION OF PROPERTY.—The property re2 ferred to in subsection (a) is the land known as ‘‘Tract 

3 100’’ and ‘‘Tract 101’’, including improvements on that 

4 land, in Corpus Christi, Texas, and described as follows: 

5 (1) TRACT 100.— The 1.89 acres, more or less, 

6 as conveyed by the Nueces County Navigation Dis7 trict No. 1 of Nueces County, Texas, to the United 

8 States by instrument dated October 16, 1928, and 

9 recorded at Volume 193, pages 1 and 2, in the Deed 

10 Records of Nueces County, Texas. 

11 (2) TRACT 101.—The 0.53 acres as conveyed by 

12 the City of Corpus Christi, Nueces County, Texas, 

13 to the United States by instrument dated September 

14 24, 1971, and recorded at Volume 318, pages 523 

15 and 524, in the Deed Records of Nueces County, 

16 Texas. 

17 (3) IMPROVEMENTS.— 

18 (A) Main Building (RPUID AO–C–3516), 

19 constructed January 9, 1974. 

20 (B) Garage, vehicle with 5 bays (RPUID 

21 AO–C–3517), constructed January 9, 1985. 

22 (C) Bulkhead, Upper (RPUID AO–C– 

23 2658), constructed January 1, 1941. 

24 (D) Bulkhead, Lower (RPUID AO–C– 

25 3520), constructed January 1, 1933. 


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1 (E) Bulkhead Fence (RPUID AO–C– 

2 3521), constructed January 9, 1985. 

3 (F) Bulkhead Fence (RPUID AO–C– 

4 3522), constructed January 9, 1985. 

5 (d) TERMS AND CONDITIONS.— 

6 (1) IN GENERAL.—Before conveying the land 

7 described in subsection (c) to the Port of Corpus 

8 Christi Authority, the Secretary shall ensure that 

9 the conditions of buildings and facilities meet appli10 cable requirements under Federal law, as determined 

11 by the Secretary. 

12 (2) IMPROVEMENTS.—Improvements to condi13 tions of buildings and facilities on the land described 

14 in subsection (c), if any, shall be incorporated into 

15 the consideration required under subsection (b). 

16 (3) COSTS OF CONVEYANCE.—In addition to 

17 the fair market value for property rights conveyed, 

18 the Port of Corpus Christi Authority shall be re19 sponsible for all reasonable and necessary costs, in20 cluding real estate transaction and environmental 

21 documentation costs, associated with the conveyance 

22 under subsection (a). 

23 SEC. 352. PILOT PROGRAM FOR GOOD NEIGHBOR AUTHOR24 ITY ON CORPS OF ENGINEERS LAND. 

25 (a) DEFINITIONS.—In this section: 


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1 (1) AUTHORIZED RESTORATION SERVICES.— 

2 The term ‘‘authorized restoration services’’ means 

3 similar and complementary forest, rangeland, and 

4 watershed restoration services carried out— 

5 (A) on Federal land; and 

6 (B) by the Secretary or Governor pursuant 

7 to a good neighbor agreement. 

8 (2) FEDERAL LAND.— 

9 (A) IN GENERAL.—The term ‘‘Federal 

10 land’’ means land within the State that is ad11 ministered by the Corps of Engineers. 

12 (B) EXCLUSIONS.—The term ‘‘Federal 

13 land’’ does not include— 

14 (i) a component of the National Wil15 derness Preservation System; 

16 (ii) Federal land on which the removal 

17 of vegetation is prohibited or restricted by 

18 an Act of Congress or a Presidential proc19 lamation (including the applicable imple20 mentation plan); or 

21 (iii) a wilderness study area. 

22 (3) FOREST, RANGELAND, AND WATERSHED

23 SERVICES.— 


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1 (A) IN GENERAL.—The term ‘‘forest, 

2 rangeland, and watershed restoration services’’ 

3 means— 

4 (i) activities to treat insect-infected 

5 and disease-infected trees; 

6 (ii) activities to reduce hazardous 

7 fuels; and 

8 (iii) any other activities to restore or 

9 improve forest, rangeland, and watershed 

10 health, including fish and wildlife habitat. 

11 (B) EXCLUSIONS.—The term ‘‘forest, 

12 rangeland, and watershed restoration services’’ 

13 does not include— 

14 (i) construction, reconstruction, re15 pair, or restoration of paved or permanent 

16 roads or parking areas, other than the re17 construction, repair, or restoration of a 

18 road that is necessary to carry out author19 ized restoration services pursuant to a 

20 good neighbor agreement; and 

21 (ii) construction, alteration, repair or 

22 replacement of public buildings or public 

23 works. 

24 (4) GOOD NEIGHBOR AGREEMENT.—The term 

25 ‘‘good neighbor agreement’’ means a cooperative 


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1 agreement or contract (including a sole source con2 tract) entered into between the Secretary and Gov3 ernor under subsection (b)(1)(A) to carry out au4 thorized restoration services under this section. 

5 (5) GOVERNOR.—The term ‘‘Governor’’ means 

6 the Governor or any other appropriate executive offi7 cial of the State. 

8 (6) ROAD.—The term ‘‘road’’ has the meaning 

9 given the term in section 212.1 of title 36, Code of 

10 Federal Regulations (as in effect on February 7, 

11 2014). 

12 (7) STATE.—The term ‘‘State’’ means the State 

13 of Idaho. 

14 (b) GOOD NEIGHBOR AGREEMENTS.— 

15 (1) GOOD NEIGHBOR AGREEMENTS.— 

16 (A) IN GENERAL.—The Secretary may 

17 carry out a pilot program to enter into good 

18 neighbor agreements with the Governor to carry 

19 out authorized restoration services in the State 

20 in accordance with this section. 

21 (B) PUBLIC AVAILABILITY.—The Secretary 

22 shall make each good neighbor agreement avail23 able to the public. 

24 (C) ADMINISTRATIVE COSTS.—The Gov25 ernor shall provide, and the Secretary may acVerDate Sep 11 2014 02:00 May 05, 2022 Jkt 029200 PO 00000 Frm 00172 Fmt 6652 Sfmt 6201 E:\BILLS\S4136.RS S4136

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1 cept and expend, funds to cover the costs of the 

2 Secretary to enter into and administer a good 

3 neighbor agreement. 

4 (D) TERMINATION.—The pilot program 

5 under subparagraph (A) shall terminate on Oc6 tober 1, 2028. 

7 (2) TIMBER SALES.— 

8 (A) APPROVAL OF SILVICULTURE PRE9 SCRIPTIONS AND MARKING GUIDES.—The Sec10 retary shall provide or approve all silviculture 

11 prescriptions and marking guides to be applied 

12 on Federal land in all timber sale projects con13 ducted under this section. 

14 (B) TREATMENT OF REVENUE.—Except as 

15 provided in subparagraph (C), funds received 

16 from the sale of timber by the Governor under 

17 a good neighbor agreement shall be retained 

18 and used by the Governor to carry out author19 ized restoration services under the good neigh20 bor agreement. 

21 (C) EXCESS REVENUE.— 

22 (i) IN GENERAL.—Any funds remain23 ing after carrying out subparagraph (B) 

24 that are in excess of the amount provided 

25 by the Governor to the Secretary under 


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1 paragraph (1)(C) shall be returned to the 

2 Secretary. 

3 (ii) APPLICABILITY OF CERTAIN PRO4 VISIONS.—Funds returned to the Secretary 

5 under clause (i) shall be subject to the first 

6 part of section 5 of the Act of June 13, 

7 1902 (commonly known as the ‘‘Rivers and 

8 Harbors Appropriations Act of 1902’’) (32 

9 Stat. 373, chapter 1079; 33 U.S.C. 558). 

10 (3) RETENTION OF NEPA RESPONSIBILITIES.— 

11 Any decision required to be made under the Na12 tional Environmental Policy Act of 1969 (42 U.S.C. 

13 4321 et seq.) with respect to any authorized restora14 tion services to be provided under this section on 

15 Federal land shall not be delegated to the Governor. 

16 SEC. 353. SOUTHEAST DES MOINES, SOUTHWEST PLEASANT 

17 HILL, IOWA. 

18 (a) PROJECT MODIFICATIONS.—The project for flood 

19 risk management and other purposes, Red Rock Dam and 

20 Lake, Des Moines River, Iowa (referred to in this section 

21 as the ‘‘Red Rock Dam Project’’), authorized by section 

22 10 of the Act of December 22, 1944 (commonly known 

23 as the ‘‘Flood Control Act of 1944’’) (58 Stat. 896, chap24 ter 665), and the project for flood risk management, Des 

25 Moines Local Flood Protection, Des Moines River, Iowa 


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1 (referred to in this section as ‘‘Flood Protection Project’’), 

2 authorized by section 10 of that Act (58 Stat. 896, chap3 ter 665), shall be modified as follows, subject to a new 

4 or amended agreement between the Secretary and the non5 Federal interest for the Flood Protection Project, the City 

6 of Des Moines, Iowa (referred to in this section as the 

7 ‘‘City’’), in accordance with section 221 of the Flood Con8 trol Act of 1970 (42 U.S.C. 1962d–5b): 

9 (1) That portion of the Red Rock Dam Project 

10 consisting of the segment of levee from Station 

11 15+88.8W to Station 77+43.7W shall be trans12 ferred to the Flood Protection Project. 

13 (2) The relocated levee improvement con14 structed by the City, from Station 77+43.7W to ap15 proximately Station 20+00, shall be included in the 

16 Flood Protection Project. 

17 (b) FEDERAL EASEMENT CONVEYANCES.— 

18 (1) The Secretary is authorized to convey the 

19 following easements, acquired by the Federal Gov20 ernment for the Red Rock Dam Project, to the City 

21 to become part of the Flood Protection Project in 

22 accordance with subsection (a): 

23 (A) Easements identified as Tracts 3215E24 1 and 3235E. 


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1 (B) Easements identified as Partial Tracts 

2 3216E-2, 3216E-3, 3217E-1, 3217E-2, and 

3 3227E. 

4 (2) On counter-execution of the new or amend5 ed agreement pursuant to the Federal easement con6 veyances under paragraph (1), the Secretary is au7 thorized to convey the following easements, by quit8 claim deed, without consideration, acquired by the 

9 Federal Government for the Red Rock Dam project, 

10 to the City or to the Des Moines Metropolitan 

11 Wastewater Reclamation Authority and no longer re12 quired for the Red Rock Dam Project or for the Des 

13 Moines Local Flood Protection Project: 

14 (A) Easements identified as Tracts 3200E, 

15 3202E-1, 3202E-2, 3202E-4, 3203E-2, 3215E16 3, 3216E-1, and 3216E-5. 

17 (B) Easements identified as Partial Tracts 

18 3216E-2, 3216E-3, 3217E-1, and 3217E-2. 

19 (3) All real property interests conveyed under 

20 this subsection shall be subject to the standard re21 lease of easement disposal process. All administra22 tive fees associated with the transfer of the subject 

23 easements to the City or to the Des Moines Metro24 politan Wastewater Reclamation Authority will be 

25 borne by the transferee. 


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1 SEC. 354. MIDDLE RIO GRANDE FLOOD PROTECTION, 

2 BERNALILLO TO BELEN, NEW MEXICO. 

3 In the case of the project for flood risk management, 

4 Middle Rio Grande, Bernalillo to Belen, New Mexico, au5 thorized by section 401(2) of the Water Resources Devel6 opment Act of 2020 (134 Stat. 2735), the non-Federal 

7 share of the cost of the project shall be the percentage 

8 described in section 103(a)(2) of the Water Resources De9 velopment Act of 1986 (33 U.S.C. 2213(a)(2)) (as in ef10 fect on the day before the date of enactment of the Water 

11 Resources Development Act of 1996 (110 Stat. 3658)). 

12 SEC. 355. COMPREHENSIVE EVERGLADES RESTORATION 

13 PLAN, FLORIDA. 

14 (a) IN GENERAL.—Section 601(e)(5) of the Water 

15 Resources Development Act of 2000 (114 Stat. 2685; 132 

16 Stat. 3786) is amended by striking subparagraph (E) and 

17 inserting the following: 

18 ‘‘(E) PERIODIC MONITORING.— 

19 ‘‘(i) IN GENERAL.—To ensure that 

20 the contributions of the non-Federal spon21 sor equal 50 percent proportionate share 

22 for projects in the Plan, during each period 

23 of 5 fiscal years, beginning on October 1, 

24 2022, the Secretary shall, for each 

25 project— 


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1 ‘‘(I) monitor the non-Federal 

2 provision of cash, in-kind services, and 

3 land; and 

4 ‘‘(II) manage, to the maximum 

5 extent practicable, the requirement of 

6 the non-Federal sponsor to provide 

7 cash, in-kind services, and land. 

8 ‘‘(ii) OTHER MONITORING.—The Sec9 retary shall conduct monitoring under 

10 clause (i) separately for the 

11 preconstruction engineering and design 

12 phase and the construction phase for each 

13 project in the Plan. 

14 ‘‘(iii) CLARIFICATION.—Not later than 

15 90 days after the end of each fiscal year, 

16 the Secretary shall provide to the non-Fed17 eral sponsor a financial accounting of non18 Federal contributions under clause (i)(I) 

19 for such fiscal year. 

20 ‘‘(iv) LIMITATION.—As applicable, the 

21 Secretary shall only require a cash con22 tribution from the non-Federal sponsor to 

23 satisfy the cost share requirements of this 

24 subsection on the last day of each period 

25 of 5 fiscal years under clause (i).’’. 


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1 (b) UPDATE.—The Secretary and the South Florida 

2 Water Management District shall revise the Master Agree3 ment for the Comprehensive Everglades Restoration Plan, 

4 executed in 2009 pursuant to section 601 of the Water 

5 Resources Development Act of 2000 (114 Stat. 2680), to 

6 reflect the amendment made by subsection (a). 

7 SEC. 356. MAINTENANCE DREDGING PERMITS. 

8 (a) IN GENERAL.—The Secretary shall, to the max9 imum extent practicable and appropriate, prioritize the 

10 reissuance of any regional general permit for maintenance 

11 dredging that expired prior to May 1, 2021. 

12 (b) SAVINGS PROVISION.—Nothing in this section af13 fects, preempts, or interferes with any obligation to com14 ply with the provisions of any Federal or State environ15 mental law, including— 

16 (1) the National Environmental Policy Act of 

17 1969 (42 U.S.C. 4321 et seq.); 

18 (2) the Federal Water Pollution Control Act 

19 (33 U.S.C. 1251 et seq.); and 

20 (3) the Endangered Species Act of 1973 (16 

21 U.S.C. 1531 et seq.). 

22 SEC. 357. PUGET SOUND NEARSHORE ECOSYSTEM RES23 TORATION, WASHINGTON. 

24 In carrying out the project for ecosystem restoration, 

25 Puget Sound, Washington, authorized by section 1401(4) 


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1 of the Water Resources Development Act of 2016 (130 

2 Stat. 1713), the Secretary shall consider the removal and 

3 replacement of the Highway 101 causeway and bridges at 

4 the Duckabush River Estuary site to be a project feature 

5 the costs of which are shared as construction. 

6 SEC. 358. TRIBAL ASSISTANCE. 

7 (a) CLARIFICATION OF EXISTING AUTHORITY.— 

8 (1) IN GENERAL.—Subject to paragraph (2), 

9 the Secretary, in consultation with the heads of rel10 evant Federal agencies, the Confederated Tribes of 

11 the Warm Springs Indian Reservation of Oregon, 

12 the Confederated Tribes and Bands of the Yakama 

13 Nation, Nez Perce Tribe, and the Confederated 

14 Tribes of the Umatilla Indian Reservation, shall re15 vise and carry out the village development plan for 

16 Dalles Dam, Columbia River, Washington and Or17 egon, as authorized by section 204 of the Flood Con18 trol Act of 1950 (64 Stat. 179, chapter 188) to ad19 dress adverse impacts to Indian villages, housing 

20 sites, and related structures as a result of the con21 struction of Bonneville Dam, McNary Dam, and 

22 John Day Dam, Washington and Oregon. 

23 (2) EXAMINATION.—Before carrying out the re24 quirements of paragraph (1), the Secretary shall 

25 conduct an examination and assessment of the exVerDate Sep 11 2014 02:00 May 05, 2022 Jkt 029200 PO 00000 Frm 00180 Fmt 6652 Sfmt 6201 E:\BILLS\S4136.RS S4136

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1 tent to which Indian villages, housing sites, and re2 lated structures were displaced or destroyed by the 

3 construction of the following projects: 

4 (A) Bonneville Dam, Oregon, as authorized 

5 by the first section of the Act of August 30, 

6 1935 (49 Stat. 1038, chapter 831) and the first 

7 section and section 2(a) of the Act of August 

8 20, 1937 (50 Stat. 731, chapter 720; 16 U.S.C. 

9 832, 832a(a)). 

10 (B) McNary Dam, Washington and Or11 egon, as authorized by section 2 of the Act of 

12 March 2, 1945 (commonly known as the ‘‘River 

13 and Harbor Act of 1945’’) (59 Stat. 22, chap14 ter 19). 

15 (C) John Day Dam, Washington and Or16 egon, as authorized by section 204 of the Flood 

17 Control Act of 1950 (64 Stat. 179, chapter 

18 188). 

19 (3) REQUIREMENTS.—The village development 

20 plan under paragraph (1) shall include, at a min21 imum— 

22 (A) an evaluation of sites on both sides of 

23 the Columbia River; 


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1 (B) an assessment of suitable Federal land 

2 and land owned by the States of Washington 

3 and Oregon; and 

4 (C) an estimated cost and tentative sched5 ule for the construction of each housing devel6 opment. 

7 (4) LOCATION OF ASSISTANCE.—The Secretary 

8 may provide housing and related assistance under 

9 this subsection at 1 or more sites in the States of 

10 Washington and Oregon. 

11 (b) PROVISION OF ASSISTANCE ON FEDERAL

12 LAND.—The Secretary may construct housing or provide 

13 related assistance on land owned by the United States 

14 under the village development plan under subsection 

15 (a)(1). 

16 (c) ACQUISITION AND DISPOSAL OF LAND.— 

17 (1) IN GENERAL.—Subject to subsection (d), 

18 the Secretary may acquire land or interests in land 

19 for the purpose of providing housing and related as20 sistance under the village development plan under 

21 subsection (a)(1). 

22 (2) ADVANCE ACQUISITION.—Acquisition of 

23 land or interests in land under paragraph (1) may 

24 be carried out in advance of completion of all re25 quired documentation and clearances for the conVerDate Sep 11 2014 02:00 May 05, 2022 Jkt 029200 PO 00000 Frm 00182 Fmt 6652 Sfmt 6201 E:\BILLS\S4136.RS S4136

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1 struction of housing or related improvements on the 

2 land or on the interests in land. 

3 (3) DISPOSAL OF UNSUITABLE LAND.—If the 

4 Secretary determines that any land or interest in 

5 land acquired by the Secretary under this section in 

6 advance of completion of all required documentation 

7 for the construction of housing or related improve8 ments is unsuitable for that housing or for those re9 lated improvements, the Secretary may— 

10 (A) dispose of the land or interest in land 

11 by sale; and 

12 (B) credit the proceeds to the appropria13 tion, fund, or account used to purchase the land 

14 or interest in land. 

15 (d) LIMITATION.—The Secretary shall only acquire 

16 land from willing landowners in carrying out this section. 

17 (e) CONFORMING AMENDMENT.—Section 1178(c) of 

18 the Water Resources Development Act of 2016 (130 Stat. 

19 1675; 132 Stat. 3781) is repealed. 

20 SEC. 359. RECREATIONAL OPPORTUNITIES AT CERTAIN 

21 PROJECTS. 

22 (a) DEFINITIONS.—In this section: 

23 (1) COVERED PROJECT.—The term ‘‘covered 

24 project’’ means any of the following projects of the 

25 Corps of Engineers: 


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1 (A) Ball Mountain Lake, Vermont. 

2 (B) Townshend Lake, Vermont. 

3 (2) RECREATION.—The term ‘‘recreation’’ in4 cludes downstream whitewater recreation that is de5 pendent on operations, recreational fishing, and 

6 boating at a covered project. 

7 (b) SENSE OF CONGRESS.—It is the sense of Con8 gress that the Secretary should— 

9 (1) ensure that, to the extent compatible with 

10 other project purposes, each covered project is oper11 ated in such a manner as to protect and enhance 

12 recreation associated with the covered project; and 

13 (2) manage land at each covered project to im14 prove opportunities for recreation at the covered 

15 project. 

16 (c) MODIFICATION OF WATER CONTROL PLANS.— 

17 The Secretary may modify, or undertake temporary devi18 ations from, the water control plan for a covered project 

19 in order to enhance recreation, if the Secretary determines 

20 the modifications or deviations— 

21 (1) will not adversely affect other authorized 

22 purposes of the covered project; and 

23 (2) will not result in significant adverse impacts 

24 to the environment. 


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1 SEC. 360. REHABILITATION OF CORPS OF ENGINEERS CON2 STRUCTED DAMS. 

3 Section 1177 of the Water Resources Development 

4 Act of 2016 (33 U.S.C. 467f–2 note; Public Law 114– 

5 322) is amended by adding at the end the following: 

6 ‘‘(g) SPECIAL RULE.—Notwithstanding subsection 

7 (c), the non-Federal share of the cost to rehabilitate Wa8 terbury Dam, Washington County, Vermont, under this 

9 section, including the cost of any required study, shall be 

10 the same share assigned to the non-Federal interest for 

11 the cost of initial construction of Waterbury Dam.’’. 

12 SEC. 361. SOUTH FLORIDA ECOSYSTEM RESTORATION TASK 

13 FORCE. 

14 Section 528(f)(1)(J) of the Water Resources Develop15 ment Act of 1996 (110 Stat. 3771) is amended— 

16 (1) by striking ‘‘2 representatives’’ and insert17 ing ‘‘3 representatives’’; and 

18 (2) by inserting ‘‘at least 1 of which shall be a 

19 representative of the Florida Department of Envi20 ronmental Protection and at least 1 of which shall 

21 be a representative of the Florida Fish and Wildlife 

22 Conservation Commission,’’ after ‘‘Florida,’’. 

23 SEC. 362. NEW MADRID COUNTY HARBOR, MISSOURI. 

24 Section 509(a) of the Water Resources Development 

25 Act of 1996 (110 Stat. 3759; 113 Stat. 339; 114 Stat. 

26 2679) is amended by adding at the end the following: 


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1 ‘‘(18) Second harbor at New Madrid County 

2 Harbor, Missouri.’’. 

3 SEC. 363. TRINITY RIVER AND TRIBUTARIES, TEXAS. 

4 Section 1201(7) of the Water Resources Development 

5 Act of 2018 (132 Stat. 3802) is amended by inserting 

6 ‘‘flood risk management, and ecosystem restoration,’’ after 

7 ‘‘navigation,’’. 

8 SEC. 364. REND LAKE, CARLYLE LAKE, AND LAKE SHELBY9 VILLE, ILLINOIS. 

10 (a) IN GENERAL.—Not later than 90 days after the 

11 date on which the Secretary receives a request from the 

12 Governor of Illinois to terminate a contract described in 

13 subsection (c), the Secretary shall amend the contract to 

14 release to the United States all rights of the State of Illi15 nois to utilize water storage space in the reservoir project 

16 to which the contract applies. 

17 (b) RELIEF OF CERTAIN OBLIGATIONS.—On execu18 tion of an amendment described in subsection (a), the 

19 State of Illinois shall be relieved of the obligation to pay 

20 the percentage of the annual operation and maintenance 

21 expense, the percentage of major replacement cost, and 

22 the percentage of major rehabilitation cost allocated to the 

23 water supply storage specified in the contract for the res24 ervoir project to which the contract applies. 


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1 (c) CONTRACTS.—Subsection (a) applies to the fol2 lowing contracts between the United States and the State 

3 of Illinois: 

4 (1) Contract DACW43–88–C–0088, entered 

5 into on September 23, 1988, for utilization of stor6 age space for water supply in Rend Lake, Illinois. 

7 (2) Contract DA–23–065–CIVENG–65–493, 

8 entered into on April 28, 1965, for utilization of 

9 storage space for water supply in Rend Lake, Illi10 nois. 

11 (3) Contract DACW43–83–C–0008, entered 

12 into on July 6, 1983, for utilization of storage space 

13 in Carlyle Lake, Illinois. 

14 (4) Contract DACW43–83–C–0009, entered 

15 into on July 6, 1983, for utilization of storage space 

16 in Lake Shelbyville, Illinois. 

17 SEC. 365. FEDERAL ASSISTANCE. 

18 Section 1328(c) of the America’s Water Infrastruc19 ture Act of 2018 (132 Stat. 3826) is amended by striking 

20 ‘‘4 years’’ and inserting ‘‘8 years’’. 

21 SEC. 366. LAND TRANSFER AND TRUST LAND FOR CHOC22 TAW NATION OF OKLAHOMA. 

23 (a) TRANSFER.— 

24 (1) IN GENERAL.—Subject to paragraph (2) 

25 and for the consideration described in subsection (c), 


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1 the Secretary shall transfer to the Secretary of the 

2 Interior the land described in subsection (b) to be 

3 held in trust for the benefit of the Choctaw Nation. 

4 (2) CONDITIONS.—The land transfer under this 

5 subsection shall be subject to the following condi6 tions: 

7 (A) The transfer— 

8 (i) shall not interfere with the oper9 ation by the Corps of Engineers of the 

10 Sardis Lake Project or any other author11 ized civil works project; and 

12 (ii) shall be subject to such other 

13 terms and conditions as the Secretary de14 termines to be necessary and appropriate 

15 to ensure the continued operation of the 

16 Sardis Lake Project or any other author17 ized civil works project. 

18 (B) The Secretary shall retain the right to 

19 inundate with water the land transferred to the 

20 Choctaw Nation under this subsection as nec21 essary to carry out an authorized purpose of 

22 the Sardis Lake Project or any other civil 

23 works project. 

24 (C) No gaming activities may be conducted 

25 on the land transferred under this subsection. 


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1 (b) LAND DESCRIPTION.— 

2 (1) IN GENERAL.—The land to be transferred 

3 pursuant to subsection (a) is the approximately 247 

4 acres of land located in Sections 18 and 19 of T2N 

5 R18E, and Sections 5 and 8 of T2N R19E, 

6 Pushmataha County, Oklahoma, generally depicted 

7 as ‘‘USACE’’ on the map entitled ‘‘Sardis Lake – 

8 Choctaw Nation Proposal’’ and dated February 22, 

9 2022. 

10 (2) SURVEY.—The exact acreage and legal de11 scriptions of the land to be transferred under sub12 section (a) shall be determined by a survey satisfac13 tory to the Secretary and the Secretary of the Inte14 rior. 

15 (c) CONSIDERATION.—The Choctaw Nation shall 

16 pay— 

17 (1) to the Secretary an amount that is equal to 

18 the fair market value of the land transferred under 

19 subsection (a), as determined by the Secretary, 

20 which funds may be accepted and expended by the 

21 Secretary; and 

22 (2) all costs and administrative expenses associ23 ated with the transfer of land under subsection (a), 

24 including the costs of— 

25 (A) the survey under subsection (b)(2); 


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1 (B) compliance with the National Environ2 mental Policy Act of 1969 (42 U.S.C. 4321 et 

3 seq.); and 

4 (C) any coordination necessary with re5 spect to requirements related to endangered 

6 species, cultural resources, clean water, and 

7 clean air. 

8 TITLE IV—WATER RESOURCES 

9 INFRASTRUCTURE 

10 SEC. 401. PROJECT AUTHORIZATIONS. 

11 The following projects for water resources develop12 ment and conservation and other purposes, as identified 

13 in the reports titled ‘‘Report to Congress on Future Water 

14 Resources Development’’ submitted to Congress pursuant 

15 to section 7001 of the Water Resources Reform and Devel16 opment Act of 2014 (33 U.S.C. 2282d) or otherwise re17 viewed by Congress, are authorized to be carried out by 

18 the Secretary substantially in accordance with the plans, 

19 and subject to the conditions, described in the respective 

20 reports or decision documents designated in this section: 

21 (1) NAVIGATION.— 


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A. 

State B. Name 

C. Date of 

Report or 

Decision 

Document 

D. Estimated Costs 

1. AK Elim Subsistence 

Harbor 

March 12, 

2021 

Federal: $74,905,000 

Non-Federal: $1,896,000 

Total: $76,801,000 

2. CA Port of Long 

Beach Deep 

Draft Navigation, Los Angeles 

October 14, 

2021 

Federal: $71,985,500 

Non-Federal: $73,447,500 

Total: $145,433,000 

1 (2) FLOOD RISK MANAGEMENT.— 

A. 

State B. Name 

C. Date of 

Report or 

Decision 

Document 

D. Estimated Costs 

1. AL Selma October 7, 

2021 

Federal: $15,533,100 

Non-Federal: $8,363,900 

Total: $23,897,000 

2. CA Lower Cache 

Creek, Yolo 

County, Woodland, and Vicinity 

June 21, 

2021 

Federal: $215,152,000 

Non-Federal: $115,851,000 

Total: $331,003,000 

3. OR Portland Metro 

Levee System 

August 20, 

2021 

Federal: $77,111,100 

Non-Federal: $41,521,300 

Total: $118,632,400 

4. NE Papillion Creek 

and Tributaries 

Lakes 

January 24, 

2022 

Federal: $91,491,400 

Non-Federal: $52,156,300 

Total: $143,647,700 

5. AL Valley Creek, Bessemer and Birmingham October 29, 

2021 

Federal: $17,725,000 

Non-Federal: $9,586,000 

Total: $27,311,000 

2 (3) HURRICANE AND STORM DAMAGE RISK RE3 DUCTION.— 


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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: $92,937,000 

Non-Federal: $50,043,000 

Total: $142,980,000 

2. PR San Juan Metro September 

16, 2021 

Federal: $245,418,000 

Non-Federal: $131,333,000 

Total: $376,751,000 

3. FL Florida Keys, 

Monroe County 

September 

24, 2021 

Federal: $1,513,531,000 

Non-Federal: $814,978,000 

Total: $2,328,509,000 

4. FL Okaloosa County October 7, 

2021 

Initial Federal: $19,822,000 

Initial Non-Federal: 

$11,535,000 

Initial Total: $31,357,000 

Renourishment Federal: 

$71,045,000 

Renourishment Non-Federal: 

$73,787,000 

Renourishment Total: 

$144,832,000 

5. SC Folly Beach October 26, 

2021 

Initial Federal: $45,490,000 

Initial Non-Federal: 

$5,054,000 

Initial Total: $50,544,000 

Renourishment Federal: 

$164,424,000 

Renourishment Non-Federal: 

$26,767,000 

Renourishment Total: 

$191,191,000 

6. FL Pinellas County October 29, 

2021 

Initial Federal: $8,627,000 

Initial Non-Federal: 

$5,332,000 

Initial Total: $13,959,000 

Renourishment Federal: 

$92,000,000 

Renourishment Non-Federal: 

$101,690,000 

Renourishment Total: 

$193,690,000 


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A. 

State B. Name 

C. Date of 

Report or 

Decision 

Document 

D. Estimated Costs 

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: $1,005,001,000 

Non-Federal: $541,155,000 

Total: $1,546,156,000 

1 (4) HURRICANE AND STORM DAMAGE REDUC2 TION AND 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: $19,237,894,000 

Non-Federal: 

$11,668,393,000 

Total: $30,906,287,000 

3 (5) 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: $33,976,000 

Non-Federal: $18,294,000 

Total: $52,270,000 

4 (6) MODIFICATIONS AND OTHER PROJECTS.— 


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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: $1,241,000,000 

2. LA West Bank and 

Vicinity 

December 

17, 2021 

Federal: $431,000,000 

Non-Federal: $232,000,000 

Total: $663,000,000 

3. GA Brunswick Harbor, Glynn 

County 

March 11, 

2022 

Federal: $10,774,500 

Non-Federal: $3,594,500 

Total: $14,369,000 

4. DC Washington, DC 

and Vicinity 

July 22, 

2021 

Federal: $17,740,000 

Non-Federal: $0 

Total: $17,740,000 

1 SEC. 402. STORM DAMAGE PREVENTION AND REDUCTION, 

2 COASTAL EROSION, AND ICE AND GLACIAL 

3 DAMAGE, ALASKA. 

4 (a) IN GENERAL.—The Secretary shall establish a 

5 program to carry out structural and nonstructural 

6 projects for storm damage prevention and reduction, 

7 coastal erosion, and ice and glacial damage in the State 

8 of Alaska, including— 

9 (1) relocation of affected communities; and 

10 (2) construction of replacement facilities. 

11 (b) COST SHARE.—The non-Federal interest shall 

12 share in the cost to study, design, and construct a project 

13 carried out under this section in accordance with sections 

14 103 and 105 of the Water Resources Development Act of 

15 1986 (33 U.S.C. 2213, 2215), except that, in the case of 


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1 a project benefitting an economically disadvantaged com2 munity (as defined pursuant to section 160 of the Water 

3 Resources Development Act of 2020 (33 U.S.C. 2201 

4 note; Public Law 116–260)), the non-Federal share shall 

5 be 10 percent. 

6 (c) REPEAL.—Section 116 of the Energy and Water 

7 Development and Related Agencies Appropriations Act, 

8 2010 (123 Stat. 2851), is repealed. 

9 (d) TREATMENT.—The program authorized by sub10 section (a) shall be considered a continuation of the pro11 gram authorized by section 116 of the Energy and Water 

12 Development and Related Agencies Appropriations Act, 

13 2010 (123 Stat. 2851) (as in effect on the day before the 

14 date of enactment of this Act). 

15 SEC. 403. EXPEDITED COMPLETION OF PROJECTS. 

16 The Secretary shall expedite completion of the fol17 lowing projects: 

18 (1) Project for flood risk management, Cum19 berland, Maryland, restoration and rewatering of the 

20 Chesapeake and Ohio Canal, authorized by section 

21 580 of the Water Resources Development Act of 

22 1999 (113 Stat. 375). 

23 (2) Project for flood risk management, Tulsa 

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1 homa, authorized by section 401(2) of the Water Re2 sources Development Act of 2020 (134 Stat. 2735). 

3 (3) Project for flood risk management, Little 

4 Colorado River at Winslow, Navajo County, Arizona, 

5 authorized by section 401(2) of the Water Resources 

6 Development Act of 2020 (134 Stat. 2735). 

7 (4) Project for flood risk management, Rio De 

8 Flag, Flagstaff, Arizona, authorized by section 

9 101(b)(3) of the Water Resources Development Act 

10 of 2000 (114 Stat. 2576). 

11 (5) Project for flood risk management, Rose 

12 and Palm Garden Washes, Arizona, authorized by 

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

14 U.S.C. 701s). 

15 (6) Project for ecosystem restoration, El 

16 Corazon, Arizona, authorized by section 206 of the 

17 Water Resources Development Act of 1996 (33 

18 U.S.C. 2330). 

19 (7) Projects for ecosystem restoration, Chesa20 peake Bay Comprehensive Water Resources and 

21 Restoration Plan, Chesapeake Bay Environmental 

22 Restoration and Protection Program, authorized by 

23 section 510 of the Water Resources Development 

24 Act of 1996 (110 Stat. 3759). 


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1 (8) Projects authorized under section 219 of 

2 the Water Resources Development Act of 1992 (106 

3 Stat. 4835; 110 Stat. 3757; 113 Stat. 334; 121 

4 Stat. 1258). 

5 (9) Projects authorized under section 8004 of 

6 the Water Resources Development Act of 2007 (33 

7 U.S.C. 652 note; Public Law 110–114). 

8 (10) Projects authorized under section 519 of 

9 the Water Resources Development Act of 2000 (114 

10 Stat. 2653). 

11 (11) Project for flood risk management, Lower 

12 Santa Cruz River, Arizona, authorized by section 

13 205 of the Flood Control Act of 1948 (33 U.S.C. 

14 701s). 

15 (12) Project for flood risk management, McCor16 mick Wash, Arizona, authorized by section 205 of 

17 the Flood Control Act of 1948 (33 U.S.C. 701s). 

18 (13) Project for navigation, including mainte19 nance and channel deepening, McClellan–Kerr Ar20 kansas River Navigation System. 

21 (14) Project for dam safety modifications, 

22 Bluestone Dam, West Virginia. 

23 (15) Maintenance dredging and other author24 ized activities to address the impacts of shoaling af25 fecting the project for navigation, Branford Harbor 


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1 and Branford River, Branford, Connecticut, author2 ized by the first section of the Act of June 13, 1902 

3 (32 Stat. 333, chapter 1079). 

4 (16) Maintenance dredging and other author5 ized activities to address the impacts of shoaling af6 fecting the project for navigation, Guilford Harbor 

7 and Sluice Channel, Connecticut. 

8 (17) Maintenance dredging and other author9 ized activities to address the impacts of shoaling af10 fecting the project for navigation, Milford Harbor, 

11 Connecticut. 

12 (18) Assistance for ecosystem restoration, 

13 Lower Yellowstone Intake Diversion Dam, Montana, 

14 authorized by section 3109 of the Water Resources 

15 Development Act of 2007 (121 Stat. 1135). 

16 (19) Project for mitigation of shore damage 

17 from navigation works, Camp Ellis Beach, Saco, 

18 Maine, pursuant to section 111 of the River and 

19 Harbor Act of 1968 (33 U.S.C. 426i). 

20 (20) Project for ecosystem restoration, Lower 

21 Blackstone River, Rhode Island, pursuant to section 

22 206 of the Water Resources Development Act of 

23 1996 (33 U.S.C. 2330). 

24 (21) Project for navigation, Kentucky Lock Ad25 dition, Kentucky. 


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1 (22) Maintenance dredging of the Federal chan2 nel for the project for navigation, Columbia, Snake, 

3 and Clearwater Rivers, Oregon, Washington, and 

4 Idaho, authorized by section 2 of the Act of March 

5 2, 1945 (59 Stat. 21, chapter 19), at the Port of 

6 Clarkston, Washington, and the Port of Lewiston, 

7 Idaho. 

8 (23) Maintenance dredging and other author9 ized activities to address the impacts of shoaling af10 fecting the project for navigation, Portsmouth Back 

11 Channels and Sagamore Creek, Portsmouth, New 

12 Castle, and Rye, New Hampshire, authorized by sec13 tion 107 of the River and Harbor Act of 1960 (33 

14 U.S.C. 577). 

15 (24) Maintenance dredging and other author16 ized activities to address the impacts of shoaling af17 fecting the project for navigation, Portsmouth Har18 bor and Piscataqua River, Portsmouth, New Castle, 

19 and Newington, New Hampshire, and Kittery and 

20 Elliot, Maine, authorized by section 101 of the River 

21 and Harbor Act of 1962 (76 Stat. 1173). 

22 SEC. 404. SPECIAL RULES. 

23 (a) The following conditions apply to the project de24 scribed in section 403(19): 


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1 (1) The project is authorized to be carried out 

2 under section 111 of the River and Harbor Act of 

3 1968 (33 U.S.C. 426i) at a Federal cost of 

4 $45,000,000. 

5 (2) The project may include Federal participa6 tion in periodic nourishment. 

7 (3) For purposes of subsection (b) of section 

8 111 of the River and Harbor Act of 1968 (33 

9 U.S.C. 426i), the Secretary shall determine that the 

10 navigation works to which the shore damages are at11 tributable were constructed at full Federal expense. 

12 (b) The following conditions apply to the project de13 scribed in section 403(20): 

14 (1) The project is authorized to be carried out 

15 under section 206 of the Water Resources Develop16 ment Act of 1996 (33 U.S.C. 2330) at a Federal 

17 cost of $15,000,000. 

18 (2) If the Secretary includes in the project a 

19 measure on Federal land under the jurisdiction of 

20 another Federal agency, the Secretary may enter 

21 into an agreement with the Federal agency that pro22 vides for the Secretary— 

23 (A) to construct the measure; and 


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1 (B) to operate and maintain the measure 

2 using funds provided to the Secretary by the 

3 non-Federal interest for the project. 

4 (3) If the Secretary includes in the project a 

5 measure for fish passage at a dam licensed for hy6 dropower, the Secretary shall include in the project 

7 costs all costs for the measure, except that those 

8 costs that are in excess of the costs to provide fish 

9 passage at the dam if hydropower improvements 

10 were not in place shall be a 100 percent non-Federal 

11 expense. 

12 SEC. 405. CHATTAHOOCHEE RIVER PROGRAM. 

13 (a) ESTABLISHMENT.— 

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

15 a program to provide environmental assistance to 

16 non-Federal interests in the Chattahoochee River 

17 Basin. 

18 (2) FORM.—The assistance under paragraph 

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

20 assistance for water-related resource protection and 

21 restoration projects affecting the Chattahoochee 

22 River Basin, based on the comprehensive plan under 

23 subsection (b), including projects for— 

24 (A) sediment and erosion control; 

25 (B) protection of eroding shorelines; 


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1 (C) ecosystem restoration, including res2 toration of submerged aquatic vegetation; 

3 (D) protection of essential public works; 

4 (E) beneficial uses of dredged material; 

5 and 

6 (F) other related projects that may en7 hance the living resources of the Chattahoochee 

8 River Basin. 

9 (b) COMPREHENSIVE PLAN.— 

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

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

12 cooperation with State and local governmental offi13 cials and affected stakeholders, shall develop a com14 prehensive Chattahoochee River Basin restoration 

15 plan to guide the implementation of projects under 

16 subsection (a)(2). 

17 (2) COORDINATION.—The restoration plan de18 scribed in paragraph (1) shall, to the maximum ex19 tent practicable, consider and avoid duplication of 

20 any ongoing or planned actions of other Federal, 

21 State, and local agencies and nongovernmental orga22 nizations. 

23 (3) PRIORITIZATION.—The restoration plan de24 scribed in paragraph (1) shall give priority to 

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


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1 also improve water quality or quantity or use nat2 ural hydrological features and systems. 

3 (c) AGREEMENT.— 

4 (1) IN GENERAL.—Before providing assistance 

5 under this section, the Secretary shall enter into an 

6 agreement with a non-Federal interest for the design 

7 and construction of a project carried out pursuant to 

8 the comprehensive Chattahoochee River Basin res9 toration plan described in subsection (b). 

10 (2) REQUIREMENTS.—Each agreement entered 

11 into under this subsection shall provide for— 

12 (A) the development by the Secretary, in 

13 consultation with appropriate Federal, State, 

14 and local officials, of a resource protection and 

15 restoration plan, including appropriate engi16 neering plans and specifications and an esti17 mate of expected resource benefits; and 

18 (B) the establishment of such legal and in19 stitutional structures as are necessary to ensure 

20 the effective long-term operation and mainte21 nance of the project by the non-Federal inter22 est. 

23 (d) COST SHARING.— 

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

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


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1 project costs of each agreement entered into under 

2 this section shall be 75 percent. 

3 (2) NON-FEDERAL SHARE.— 

4 (A) VALUE OF LAND, EASEMENTS, 

5 RIGHTS-OF-WAY, AND RELOCATIONS.—In deter6 mining the non-Federal contribution toward 

7 carrying out an agreement entered into under 

8 this section, the Secretary shall provide credit 

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

10 easements, rights-of-way, and relocations pro11 vided by the non-Federal interest, except that 

12 the amount of credit provided for a project 

13 under this paragraph may not exceed 25 per14 cent of the total project costs. 

15 (B) OPERATION AND MAINTENANCE

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

17 operation and maintenance of activities carried 

18 out under an agreement under this section shall 

19 be 100 percent. 

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

21 Secretary shall cooperate with— 

22 (1) the heads of appropriate Federal agencies, 

23 including— 

24 (A) the Administrator of the Environ25 mental Protection Agency; 


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1 (B) the Secretary of Commerce, acting 

2 through the Administrator of the National Oce3 anic and Atmospheric Administration; 

4 (C) the Secretary of the Interior, acting 

5 through the Director of the United States Fish 

6 and Wildlife Service; and 

7 (D) the heads of such other Federal agen8 cies as the Secretary determines to be appro9 priate; and 

10 (2) agencies of a State or political subdivision 

11 of a State. 

12 (f) PROTECTION OF RESOURCES.—A project estab13 lished under this section shall be carried out using such 

14 measures as are necessary to protect environmental, his15 toric, and cultural resources. 

16 (g) PROJECT CAP.—The total cost of a project car17 ried out under this section may not exceed $15,000,000. 

18 (h) SAVINGS PROVISION.—Nothing in this section— 

19 (1) establishes any express or implied reserved 

20 water right in the United States for any purpose; 

21 (2) affects any water right in existence on the 

22 date of enactment of this Act; 

23 (3) preempts or affects any State water law or 

24 interstate compact governing water; or 


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1 (4) affects any Federal or State law in exist2 ence on the date of enactment of this Act regarding 

3 water quality or water quantity. 

4 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to carry out this section 

6 $90,000,000. 

7 SEC. 406. LOWER MISSISSIPPI RIVER BASIN DEMONSTRA8 TION PROGRAM. 

9 (a) DEFINITION.—In this section, the term ‘‘Lower 

10 Mississippi River Basin’’ means the portion of the Mis11 sissippi River that begins at the confluence of the Ohio 

12 River and flows to the Gulf of Mexico, and its tributaries 

13 and distributaries. 

14 (b) ESTABLISHMENT.— 

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

16 a program to provide assistance to non-Federal in17 terests in the Lower Mississippi River Basin. 

18 (2) FORM.— 

19 (A) IN GENERAL.—The assistance under 

20 paragraph (1) shall be in the form of design 

21 and construction assistance for flood or coastal 

22 storm risk management or aquatic ecosystem 

23 restoration projects in the Lower Mississippi 

24 River Basin, based on the comprehensive plan 

25 under subsection (c). 


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1 (B) ASSISTANCE.—Projects under sub2 paragraph (A) may include measures for— 

3 (i) sediment control; 

4 (ii) protection of eroding riverbanks 

5 and streambanks and shorelines; 

6 (iii) channel modifications; 

7 (iv) beneficial uses of dredged mate8 rial; or 

9 (v) other related projects that may en10 hance the living resources of the Lower 

11 Mississippi River Basin. 

12 (c) COMPREHENSIVE PLAN.— 

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

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

15 cooperation with State and local governmental offi16 cials and affected stakeholders, shall develop a com17 prehensive Lower Mississippi River Basin plan to 

18 guide the implementation of projects under sub19 section (b)(2). 

20 (2) COORDINATION.—The plan described in 

21 paragraph (1) shall, to the maximum extent prac22 ticable, consider and avoid duplication of any ongo23 ing or planned actions of other Federal, State, and 

24 local agencies and nongovernmental organizations. 


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1 (3) PRIORITIZATION.—To the maximum extent 

2 practicable, the plan described in paragraph (1) 

3 shall give priority to projects eligible under sub4 section (b)(2) that will also improve water quality, 

5 reduce hypoxia in the Lower Mississippi River or 

6 Gulf of Mexico, or use a combination of structural 

7 and nonstructural measures. 

8 (d) AGREEMENT.— 

9 (1) IN GENERAL.—Before providing assistance 

10 under this section, the Secretary shall enter into an 

11 agreement with a non-Federal interest for the design 

12 and construction of a project carried out pursuant to 

13 the comprehensive Lower Mississippi River Basin 

14 plan described in subsection (c). 

15 (2) REQUIREMENTS.—Each agreement entered 

16 into under this subsection shall provide for the es17 tablishment of such legal and institutional structures 

18 as are necessary to ensure the effective long-term 

19 operation and maintenance of the project by the 

20 non-Federal interest. 

21 (e) COST SHARING.— 

22 (1) FEDERAL SHARE.—The Federal share of 

23 the cost to design and construct a project under 

24 each agreement entered into under this section shall 

25 be 75 percent. 


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1 (2) NON-FEDERAL SHARE.— 

2 (A) VALUE OF LAND, EASEMENTS, 

3 RIGHTS-OF-WAY, AND RELOCATIONS.—In deter4 mining the non-Federal contribution toward 

5 carrying out an agreement entered into under 

6 this section, the Secretary shall provide credit 

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

8 easements, rights-of-way, and relocations pro9 vided by the non-Federal interest, except that 

10 the amount of credit provided for a project 

11 under this paragraph may not exceed 25 per12 cent of the cost to design and construct the 

13 project. 

14 (B) OPERATION AND MAINTENANCE

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

16 operation and maintenance of activities carried 

17 out under an agreement under this section shall 

18 be 100 percent. 

19 (f) COOPERATION.—In carrying out this section, the 

20 Secretary shall cooperate with— 

21 (1) the heads of appropriate Federal agencies, 

22 including— 

23 (A) the Secretary of Agriculture; 


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1 (B) the Secretary of the Interior, acting 

2 through the Director of the United States Fish 

3 and Wildlife Service; and 

4 (C) the heads of such other Federal agen5 cies as the Secretary determines to be appro6 priate; and 

7 (2) agencies of a State or political subdivision 

8 of a State. 

9 (g) PROJECT CAP.—The total cost of a project car10 ried out under this section may not exceed $15,000,000. 

11 (h) REPORT.—Not later than 3 years after the date 

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

13 the Committee on Environment and Public Works of the 

14 Senate and the Committee on Transportation and Infra15 structure of the House of Representatives a report that 

16 describes the results of the program under this section, 

17 including a recommendation on whether the program 

18 should be reauthorized. 

19 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated to carry out this section 

21 $90,000,000. 

22 SEC. 407. FORECAST-INFORMED RESERVOIR OPERATIONS. 

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

24 carry out a research study pilot program at 1 or more 

25 dams owned and operated by the Secretary in the North 


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1 Atlantic Division of the Corps of Engineers to assess the 

2 viability of forecast-informed reservoir operations in the 

3 eastern United States. 

4 (b) REPORT.—Not later than 1 year after completion 

5 of the research study pilot program under subsection (a), 

6 the Secretary shall submit to the Committee on Transpor7 tation and Infrastructure of the House of Representatives 

8 and the Committee on Environment and Public Works of 

9 the Senate a report on the results of the study pilot pro10 gram. 

11 SEC. 408. MISSISSIPPI RIVER MAT SINKING UNIT. 

12 The Secretary shall expedite the replacement of the 

13 Mississippi River mat sinking unit. 

14 SEC. 409. SENSE OF CONGRESS RELATING TO OKATIBBEE 

15 LAKE. 

16 It is the sense of Congress that— 

17 (1) there is significant shoreline sloughing and 

18 erosion at the Okatibbee Lake portion of the project 

19 for flood protection, Chunky Creek, Chickasawhay 

20 and Pascagoula Rivers, Mississippi, authorized by 

21 section 203 of the Flood Control Act of 1962 (76 

22 Stat. 1183), which has the potential to impact infra23 structure, damage property, and put lives at risk; 

24 and 


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1 (2) addressing shoreline sloughing and erosion 

2 at a project of the Secretary, including at a location 

3 leased by non-Federal entities such as Okatibbee 

4 Lake, is an activity that is eligible to be carried out 

5 by the Secretary as part of the operation and main6 tenance of the project. 


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kjohnson on DSK79L0C42PROD with BILLS
Calendar No. 361 

117TH CONGRESS 

2D SESSION S. 4136 

A BILL 

To provide for improvements to the rivers and harresources, and for other purposes. servation and development of water and related bors of the United States, to provide for the conMAY 4, 2022 

Read twice and placed on the calendar 


kjohnson on DSK79L0C42PROD with BILLS