3861 
reinforce the stone revetment at Nantasket Beach, Hull, 
Massachusetts. 
SEC. 336. RAHWAY FLOOD RISK MANAGEMENT FEASIBILITY 
STUDY, NEW JERSEY. 
The Secretary shall— 
(1) nullify the determination of the North Atlan-
tic Division of the Corps of Engineers that further ac-
tivities to carry out the feasibility study for a project 
for flood risk management, Rahway, New Jersey, au-
thorized by the resolution of the Committee on Trans-
portation and Infrastructure of the House of Rep-
resentatives adopted on March 24, 1998 (docket num-
ber 2548), is not warranted; 
(2) identify an acceptable alternative to the 
project described in paragraph (1) that could receive 
Federal support; and 
(3) carry out, and expedite the completion of, a 
feasibility study for the acceptable alternative identi-
fied under paragraph (2). 
SEC. 337. SAN JUAN-CHAMA PROJECT; ABIQUIU DAM, NEW 
MEXICO. 
(a) ABIQUIU RESERVOIR.—Section 5(b) of Public Law 
97–140 (43 U.S.C. 620a note) is amended by striking ‘‘a 
total of two hundred thousand acre-feet of’’. 
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(b) WATER STORAGE AT ABIQUIU DAM, NEW MEX-
ICO.—Section 1 of Public Law 100–522 (43 U.S.C. 620a 
note) is amended— 
(1) by striking ‘‘200,000 acre-feet of’’; 
(2) by inserting ‘‘and San Juan-Chama project’’ 
after ‘‘Rio Grande system’’; and 
(3) by striking ‘‘, in lieu of the water storage au-
thorized by section 5 of Public Law 97–140, to the ex-
tent that contracting entities under section 5 of Pub-
lic Law 97–140 no longer require such storage’’. 
(c) WATER STORAGE.—The Secretary shall— 
(1) store up to elevation 6230.00 NGVD29 at 
Abiquiu Dam, New Mexico, to the extent that the nec-
essary real property interests have been acquired by 
any entity requesting such storage; and 
(2) amend the March 20, 1986, contract between 
the United States of America and the Albuquerque 
Bernalillo County Water Utility Authority (assigned 
by the City of Albuquerque, New Mexico to the Albu-
querque Bernalillo County Water Utility Authority) 
for water storage space in Abiquiu Reservoir to allow 
for storage by the Albuquerque Bernalillo County 
Water Utility Authority of San Juan-Chama project 
water or native Rio Grande system water up to ele-
vation 6230.00 NGVD29. 
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(d) STORAGE AGREEMENTS WITH USERS OTHER 
THAN THE ALBUQUERQUE BERNALILLO COUNTY WATER 
UTILITY AUTHORITY.—The Secretary shall— 
(1) retain or enter into new agreements with en-
tities for a proportionate allocation of 29,100 acre-feet 
of storage space pursuant to section 5 of Public Law 
97–140; and 
(2) amend or enter into new storage agreements 
for storage of San Juan-Chama project water or na-
tive Rio Grande system water up to the space allo-
cated for each entity’s proportionate share of San 
Juan-Chama water. 
(e) OPERATIONS DOCUMENTS.—The Secretary shall 
amend or revise any existing operations documents, includ-
ing the Water Control Manual or operations plan for 
Abiquiu Reservoir, as necessary to meet the requirements 
of this section. 
(f) LIMITATIONS.—In carrying out this section, the fol-
lowing limitations shall apply: 
(1) The storage of native Rio Grande system 
water shall be subject to the provisions of the Rio 
Grande Compact and the resolutions of the Rio 
Grande Compact Commission. 
(2) The storage of native Rio Grande system 
water shall only be authorized to the extent that the 
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necessary water ownership and storage rights have 
been acquired by the entity requesting such storage. 
(3) The storage of native Rio Grande system 
water or San-Juan Chama project water shall not 
interfere with the authorized purposes of the Abiquiu 
Dam and Reservoir project. 
(4) Each user of storage space, regardless of 
source of water, shall pay for any increase in costs at-
tributable to storage of that user’s water. 
SEC. 338. FLUSHING BAY AND CREEK FEDERAL NAVIGATION 
CHANNEL, NEW YORK. 
(a) IN GENERAL.—The portion of the project for navi-
gation, Flushing Bay and Creek, New York, authorized by 
the first section of the Act of March 3, 1905 (chapter 1482, 
33 Stat. 1120; 52 Stat. 803; 76 Stat. 1174), described in 
subsection (b) is no longer authorized beginning on the date 
of enactment of this Act. 
(b) PORTION DESCRIBED.—The portion referred to in 
subsection (a) is the portion from river mile 2.5 to river 
mile 2.9, as bounded by— 
(1) the coordinates of— 
(A) Latitude North 40° 45’ 45.61’’ Lon-
gitude West 73° 50’ 20.19’’; 
(B) Latitude North 40° 45’ 47.02’’ Lon-
gitude West 73° 50’ 10.80’’; 
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(C) Latitude North 40° 45’ 26.71’’ Lon-
gitude West 73° 50’ 10.85’’; and 
(D) Latitude North 40° 45’ 26.72’’ Lon-
gitude West 73° 50’ 10.96’’; and 
(2) the New York Long Island State Plane (US 
Survey Feet, NAD–83), as follows: 
(A) 
Easting 
x1028866.501 
Northing 
y217179.294; 
(B) 
Easting 
x1029588.853 
Northing 
y217322.675; 
(C) 
Easting 
x1029588.853 
Northing 
y215267.486; and 
(D) 
Easting 
x1028964.587 
Northing 
y215267.486. 
SEC. 339. RUSH RIVER AND LOWER BRANCH RUSH RIVER, 
NORTH DAKOTA. 
(a) IN GENERAL.—The portion of the comprehensive 
plan for flood control and other purposes in the Red River 
of the North drainage basin, North Dakota, South Dakota, 
and Minnesota, authorized by section 203 of the Flood Con-
trol Act of 1948 (62 Stat. 1177; 64 Stat. 176), consisting 
of clearing and rectification of the channel from mile 28.3 
near Amenia to the mouth of the Rush River, known as 
Cass County Drain No. 12, is no longer authorized begin-
ning on the date of enactment of this Act. 
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(b) LOWER BRANCH RUSH RIVER.—The project for 
flood control, Lower Branch Rush River, North Dakota, 
carried out under section 205 of the Flood Control Act of 
1948 (33 U.S.C. 701s), known as Cass County Drain No. 
2, is no longer authorized beginning on the date of enact-
ment of this Act. 
SEC. 340. PAWCATUCK RIVER, LITTLE NARRAGANSETT BAY 
AND WATCH HILL COVE, RHODE ISLAND AND 
CONNECTICUT. 
Beginning on the date of enactment of this Act, that 
portion of the project for navigation, Pawcatuck River, Lit-
tle Narragansett Bay and Watch Hill Cove, Rhode Island 
and Connecticut, authorized by section 2 of the Act of 
March 2, 1945 (chapter 19, 59 Stat. 13), consisting of a 
10-foot-deep, 16-acre anchorage area in Watch Hill Cove 
is no longer authorized. 
SEC. 341. HARRIS COUNTY, TEXAS. 
Section 575 of the Water Resources Development Act 
of 1996 (110 Stat. 3789; 113 Stat. 311; 121 Stat. 1253) 
is repealed. 
SEC. 342. CAP SANTE WATERWAY, WASHINGTON. 
Beginning on the date of enactment of this Act, the 
project for navigation, Cap Sante Waterway and Naviga-
tion Channel, Skagit County, Washington, authorized by 
the Act of March 2, 1919 (chapter 95, 40 Stat. 1285), is 
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modified to deauthorize the portion of the project consisting 
of an approximately 334,434-foot area of the Federal chan-
nel within Anacortes Harbor inside and directly adjacent 
to the Federal breakwater and training wall structure, 
starting at a point with coordinates N557015.552, 
E1210819.619, thence running S88 13’2.06’’E approxi-
mately 200 feet to a point with coordinates N557009.330, 
E1211019.522, thence running S01 46’58.08’’W approxi-
mately 578 feet to a point with coordinates N556431.405, 
E1211001.534, thence running S49 49’50.23’’W approxi-
mately 69 feet to a point with coordinates N556387.076, 
E1210949.002, thence running S51 53’0.25’’E approxi-
mately 35 feet to a point with coordinates N556365.662, 
E1210976.316, thence running S49 38’58.48’’W approxi-
mately 112 feet to a point with coordinates N556292.989, 
E1210890.775, thence running N88 13’1.87’’W approxi-
mately 109 feet to a point with coordinates N556296.367, 
E1210782.226, thence running S46 46’58.97’’W approxi-
mately 141 feet to a point with coordinates N556199.527, 
E1210679.164, thence running N88 13’1.77’’W approxi-
mately 700 feet to a point with coordinates N556221.305, 
E1209979.502, thence running N01 46’58.08’’E approxi-
mately 250 feet to a point with coordinates N556471.184, 
E1209987.280, thence running S88 13’1.77’’E approxi-
mately 815 feet to a point with coordinates N556445.828, 
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E1210801.886, thence running N01 46’58.08’’E approxi-
mately 570 feet to the point of origin. 
SEC. 343. LOCAL GOVERNMENT RESERVOIR PERMIT RE-
VIEW. 
Section 1119(b) of the Water Resources Development 
Act of 2018 (33 U.S.C. 2347 note) is amended by striking 
‘‘owned or operated by the Secretary’’. 
SEC. 344. PROJECT MODIFICATIONS FOR IMPROVEMENT OF 
ENVIRONMENT. 
Section 1203(g) of the Water Resources Development 
Act of 2018 (132 Stat. 3805) is amended, in the matter 
preceding paragraph (1), by striking ‘‘For fiscal years 2019 
and 2020’’ and inserting ‘‘Until September 30, 2024’’. 
SEC. 345. AQUATIC ECOSYSTEM RESTORATION. 
For fiscal years 2021 through 2024, in carrying out 
section 206 of the Water Resources Development Act of 1996 
(33 U.S.C. 2330), the Secretary shall give priority to a 
project to restore and protect an aquatic ecosystem or estu-
ary that— 
(1) is located in the South Platte River Basin; 
(2) is located on a body of water that is identi-
fied by the applicable State pursuant to section 
303(d) of the Federal Water Pollution Control Act (33 
U.S.C. 1313(d)) as being impaired; 
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3869 
(3) has the potential to provide flood risk man-
agement and recreational benefits in addition to eco-
system restoration benefits; and 
(4) is located in a city with a population of 
80,000 or less. 
SEC. 346. SURPLUS WATER CONTRACTS AND WATER STOR-
AGE AGREEMENTS. 
Section 1046(c)(3) of the Water Resources Reform and 
Development Act of 2014 (128 Stat. 1254; 132 Stat. 3784) 
is amended by striking ‘‘12’’ and inserting ‘‘16’’. 
SEC. 347. NO WAKE ZONES IN NAVIGATION CHANNELS. 
Section 1149 of the Water Resources Development Act 
of 2016 (33 U.S.C. 1223 note) amended— 
(1) by striking ‘‘recreational’’ in each place it 
appears and inserting ‘‘covered’’; and 
(2) by amending subsection (c) to read as fol-
lows: 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) COVERED NAVIGATION CHANNEL.—The term 
‘covered navigation channel’ means a navigation 
channel that— 
‘‘(A) is federally marked or maintained; 
‘‘(B) is part of the Atlantic Intracoastal 
Waterway; and 
‘‘(C) is adjacent to a marina. 
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3870 
‘‘(2) COVERED VESSEL.—The term ‘covered ves-
sel’ means a recreational vessel or an uninspected 
passenger vessel, as such terms are defined in section 
2101 of title 46, United States Code.’’. 
SEC. 348. LIMITATION ON CONTRACT EXECUTION IN THE 
ARKANSAS RIVER BASIN. 
(a) DEFINITION OF COVERED CONTRACT.—In this sec-
tion, the term ‘‘covered contract’’ means a contract between 
any local governmental entity and the Secretary for water 
supply storage in a Federal or non-Federal hydropower lake 
within the Arkansas River Basin. 
(b) LIMITATION.—For any new covered contract for a 
hydropower lake that is entered into during the period be-
ginning on the date of enactment of this Act and ending 
on December 31, 2022, a local governmental entity shall 
not pay more than 110 percent of the initial principal cost 
for the acre-feet being sought for the new covered contract 
for that hydropower lake. 
SEC. 349. WAIVER OF NON-FEDERAL SHARE OF DAMAGES 
RELATED TO CERTAIN CONTRACT CLAIMS. 
In a case in which the Armed Services Board of Con-
tract Appeals or other court of competent jurisdiction has 
rendered a decision during the period beginning on Decem-
ber 1, 2017, and ending on December 31, 2022, awarding 
damages to a contractor relating to the adjudication of 
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3871 
claims arising from the construction of an authorized water 
resources development project, notwithstanding the terms of 
the Project Partnership Agreement, the Secretary shall 
waive payment of the share of the non-Federal interest of 
those damages, including attorney’s fees, if— 
(1)(A) the contracting officer was instructed by 
the Corps of Engineers to modify the terms of the con-
tract or terminate the contract; and 
(B) the Armed Services Board of Contract Ap-
peals or other court of competent jurisdiction deter-
mined that the failure of the contracting officer to 
timely take the action described in subparagraph (A) 
was a material breach of the contract that resulted in 
damages to the contractor awarded by the Armed 
Services Board of Contract Appeals or the court, as 
applicable; or 
(2) the claims arose from construction of a 
project deauthorized under this title. 
SEC. 350. REDUCED PRICING FOR CERTAIN WATER SUPPLY 
STORAGE. 
Section 322 of the Water Resources Development Act 
of 1990 (33 U.S.C. 2324) is amended— 
(1) in subsection (b), by striking ‘‘2,000,000’’ 
and inserting ‘‘3,000,000’’; and 
(2) in subsection (g)— 
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(A) by striking the period at the end and 
inserting ‘‘; or’’; 
(B) by striking ‘‘means a community’’ and 
inserting the following: ‘‘means— 
‘‘(1) a community’’; and 
(C) by adding at the end the following: 
‘‘(2) a regional water system that serves a popu-
lation of less than 100,000, for which the per capita 
income is less than the per capita income of not less 
than 50 percent of the counties in the United States.’’. 
SEC. 351. FLOOD CONTROL AND OTHER PURPOSES. 
Section 103(k) of the Water Resources Development Act 
of 1986 (33 U.S.C. 2213) is amended— 
(1) by striking ‘‘Except as’’ and inserting the fol-
lowing: 
‘‘(1) IN GENERAL.—Except as’’; and 
(2) by adding at the end the following: 
‘‘(2) RENEGOTIATION OF TERMS.— 
‘‘(A) IN GENERAL.—At the request of a non- 
Federal interest, the Secretary and the non-Fed-
eral interest may renegotiate the terms and con-
ditions of an eligible deferred payment, includ-
ing— 
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3873 
‘‘(i) permitting the non-Federal con-
tribution to be made without interest, pur-
suant to paragraph (1); 
‘‘(ii) recalculation of the interest rate; 
‘‘(iii) full or partial forgiveness of in-
terest accrued during the period of construc-
tion; and 
‘‘(iv) a credit against construction in-
terest for a non-Federal investment that 
benefits the completion or performance of 
the project or separable element. 
‘‘(B) ELIGIBLE DEFERRED PAYMENT.—An 
eligible deferred payment agreement under sub-
paragraph (A) is an agreement for which— 
‘‘(i) the non-Federal contribution was 
made with interest; 
‘‘(ii) the period of project construction 
exceeds 10 years from the execution of a 
project partnership agreement or appro-
priation of funds; and 
‘‘(iii) the construction interest exceeds 
$45,000,000. 
‘‘(3) CREDIT
FOR
NON-FEDERAL
CONTRIBU-
TION.— 
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‘‘(A) IN GENERAL.—The Secretary is au-
thorized to credit any costs incurred by the non- 
Federal interest (including in-kind contribu-
tions) to remedy a design or construction defi-
ciency of a covered project or separable element 
toward the non-Federal share of the cost of the 
covered project, if the Secretary determines the 
remedy to be integral to the completion or per-
formance of the covered project. 
‘‘(B) CREDIT OF COSTS.—If the non-Federal 
interest incurs costs or in-kind contributions for 
a project to remedy a design or construction defi-
ciency of a project or separable element which 
has a 100 percent Federal cost share, and the 
Secretary determines the remedy to be integral to 
the completion or performance of the project, the 
Secretary is authorized to credit such costs to 
any interest accrued on a deferred non-Federal 
contribution. 
‘‘(4) TREATMENT
OF
PRE-PAYMENT.—Notwith-
standing a deferred payment agreement with a non- 
Federal interest, the Secretary shall accept, without 
interest of any type, the repayment of a non-Federal 
contribution for any eligible deferred payment de-
scribed in paragraph (2)(B) for which— 
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3875 
‘‘(A) the non-Federal interest makes a pay-
ment of at least $200 million for that eligible de-
ferred payment agreement on or before Sep-
tember 30, 2021; and 
‘‘(B) the non-Federal interest repays the re-
maining principal by September 30, 2023.’’. 
SEC. 
352. 
ADDITIONAL 
ASSISTANCE 
FOR 
CRITICAL 
PROJECTS. 
(a) CONSISTENCY WITH REPORTS.—Congress finds 
that the project modifications described in this section are 
in accordance with the reports submitted to Congress by the 
Secretary under section 7001 of the Water Resources Reform 
and Development Act of 2014 (33 U.S.C. 2282d), titled ‘‘Re-
port to Congress on Future Water Resources Development’’, 
or have otherwise been reviewed by Congress. 
(b) MODIFICATIONS.— 
(1) SACRAMENTO
AREA, CALIFORNIA.—Section 
219(f)(23) of the Water Resources Development Act of 
1992 (106 Stat. 4835; 113 Stat. 336; 117 Stat. 1840) 
is amended to read as follows: 
‘‘(23) 
SACRAMENTO
AREA, 
CALIFORNIA.— 
$45,000,000 for regional water conservation, recy-
cling, reliability, and resiliency projects in Placer, El 
Dorado, and Sacramento Counties and the San Juan 
Suburban Water District, California.’’. 
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3876 
(2) 
SOUTH
PERRIS, 
CALIFORNIA.—Section 
219(f)(52) of the Water Resources Development Act of 
1992 (106 Stat. 4835; 113 Stat. 336; 114 Stat. 
2763A–220) is amended by striking ‘‘ $25,000,000’’ 
and inserting ‘‘ $50,000,000’’. 
(3) MADISON
AND
ST. CLAIR
COUNTIES, ILLI-
NOIS.—Section 219(f)(55) of the Water Resources De-
velopment Act of 1992 (106 Stat. 4835; 113 Stat. 335; 
114 Stat. 2763A–221) is amended by striking ‘‘ 
$10,000,000’’ and inserting ‘‘ $45,000,000’’. 
(4) SOUTHERN AND EASTERN KENTUCKY.—Sec-
tion 531 of the Water Resources Development Act of 
1996 (110 Stat. 3773; 113 Stat. 348; 117 Stat. 142; 
121 Stat. 1226) is amended— 
(A) in subsection (g), by inserting ‘‘Boyd, 
Carter, Elliott, Lincoln,’’ after ‘‘Lee,’’; and 
(B) in subsection (h), by striking ‘‘ 
$40,000,000’’ and inserting ‘‘ $100,000,000’’. 
(5) 
DESOTO
COUNTY, 
MISSISSIPPI.—Section 
219(f)(30) of the Water Resources Development Act of 
1992 (106 Stat. 4835; 113 Stat. 336; 114 Stat. 
2763A–220; 119 Stat. 282; 119 Stat. 2257; 122 Stat. 
1623) is amended by striking ‘‘ $75,000,000’’ and in-
serting ‘‘ $130,000,000’’. 
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3877 
(6) JACKSON COUNTY, MISSISSIPPI.—Section 219 
of the Water Resources Development Act of 1992 (106 
Stat. 4835; 110 Stat. 3757; 113 Stat. 1494; 121 Stat. 
1258) is amended— 
(A) in subsection (c)(5), by striking ‘‘water 
supply and’’ and inserting ‘‘water supply, 
projects for stormwater and drainage systems, 
and’’; and 
(B) in subsection (e)(1), by striking ‘‘ 
$32,500,000’’ and inserting ‘‘ $57,500,000’’. 
(7) ST. LOUIS, MISSOURI.—Section 219(f)(32) of 
the Water Resources Development Act of 1992 (106 
Stat. 4835; 113 Stat. 337; 121 Stat. 1233) is amend-
ed by striking ‘‘ $35,000,000’’ and inserting ‘‘ 
$70,000,000’’. 
(8) 
MIDWEST
CITY, 
OKLAHOMA.—Section 
219(f)(231) of the Water Resources Development Act 
of 1992 (106 Stat. 4835; 113 Stat. 336; 121 Stat. 
1266) is amended by striking ‘‘ $2,000,000’’ and in-
serting ‘‘ $5,000,000’’. 
(9) SOUTH
CENTRAL
PENNSYLVANIA.—Section 
313 of the Water Resources Development Act of 1992 
(106 Stat. 4845; 109 Stat. 407; 110 Stat. 3723; 113 
Stat. 310; 117 Stat. 142; 121 Stat. 1146) is amend-
ed— 
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(A) in subsection (g)(1), by striking ‘‘ 
$200,000,000’’ and inserting ‘‘ $400,000,000’’; 
and 
(B) in subsection (h)(2), by inserting ‘‘Bea-
ver, Jefferson,’’ after ‘‘Washington,’’. 
(10) LAKES
MARION
AND
MOULTRIE, SOUTH 
CAROLINA.—Section 219(f)(25) of the Water Resources 
Development Act of 1992 (106 Stat. 4835; 113 Stat. 
336; 114 Stat. 2763A–220; 117 Stat. 1838; 130 Stat. 
1677; 132 Stat. 3818) is amended by striking ‘‘ 
$89,550,000’’ and inserting ‘‘ $110,000,000’’. 
(11) 
EL
PASO
COUNTY, 
TEXAS.—Section 
219(f)(269) of the Water Resources Development Act 
of 1992 (106 Stat. 4835; 113 Stat. 336; 121 Stat. 
1268) is amended by striking ‘‘ $25,000,000’’ and in-
serting ‘‘ $75,000,000’’. 
(12) WESTERN RURAL WATER.—Section 595 of 
the Water Resources Development Act of 1999 (113 
Stat. 383; 117 Stat. 139; 117 Stat. 142; 117 Stat. 
1836; 118 Stat. 440; 121 Stat. 1219; 123 Stat. 2851; 
128 Stat. 1316; 130 Stat. 1681) is amended— 
(A) by striking the section heading and in-
serting ‘‘WESTERN RURAL WATER.’’; 
(B) in subsection (b), by inserting ‘‘Ari-
zona,’’ before ‘‘rural Idaho’’; 
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(C) in subsection (c), by inserting ‘‘Ari-
zona,’’ before ‘‘Idaho’’; and 
(D) in subsection (i), by striking ‘‘for the 
period 
beginning 
with 
fiscal 
year 
2001, 
$435,000,000, to remain available until ex-
pended.’’ and inserting the following: ‘‘, to re-
main available until expended— 
‘‘(1) for the period beginning with fiscal year 
2001, $435,000,000 for Idaho, Montana, rural Ne-
vada, New Mexico, rural Utah, and Wyoming; and 
‘‘(2) $150,000,000 for Arizona.’’. 
(13) CENTRAL WEST VIRGINIA.—Section 571(h) 
of the Water Resources Development Act of 1999 (113 
Stat. 371; 121 Stat. 1257) is amended by striking ‘‘ 
$20,000,000’’ and inserting ‘‘ $100,000,000’’. 
(14) SOUTHERN WEST VIRGINIA.—Section 340(g) 
of the Water Resources Development Act of 1992 (106 
Stat. 4856; 110 Stat. 3727; 113 Stat. 320) is amend-
ed by striking ‘‘ $40,000,000’’ and inserting ‘‘ 
$120,000,000’’. 
(c) LOWELL CREEK TUNNEL, SEWARD, ALASKA.—Sec-
tion 5032(a)(2) of the Water Resources Development Act of 
2007 (Public Law 110–114, 121 Stat. 1205) is amended 
by striking ‘‘15’’ and inserting ‘‘20’’. 
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(d) CAPE ARUNDEL DISPOSAL SITE, MAINE.—Section 
1312 of the Water Resources Development Act of 2018 (132 
Stat. 3821) is amended by striking ‘‘December 31, 2021’’ 
and inserting ‘‘September 30, 2024’’. 
SEC. 353. PROJECT MODIFICATION AUTHORIZATIONS. 
(a) WATER SUPPLY.—The following project modifica-
tions for water supply, as identified in the report entitled 
‘‘Report to Congress on Future Water Resources Develop-
ment’’ dated February 2019, and submitted to Congress on 
June 3, 2019, pursuant to section 7001 of the Water Re-
sources Reform and Development Act of 2014 (33 U.S.C. 
2282d) or otherwise reviewed by Congress, are authorized 
to be carried out by the Secretary substantially in accord-
ance with the recommendations included in such report 
pursuant to section 301(c) of the Water Supply Act of 1958 
(43 U.S.C. 390b(c)) and as follows: 
(1) CLARENCE CANNON DAM AND MARK TWAIN 
LAKE PROJECT, SALT RIVER, MISSOURI.— 
(A) IN GENERAL.—The project for Clarence 
Cannon Dam and Mark Twain Lake Project, 
Salt River, Missouri, authorized by section 203 
of the Flood Control Act of 1962 (76 Stat. 1189; 
79 Stat. 1089; 95 Stat. 1684), is modified to re-
lease 5,600 acre-feet of future use water supply 
storage to the Federal Government under water 
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3881 
supply contract No. DACW43–88–C–0036, and 
future financial obligations for such volume of 
storage. 
(B) RELIEF
OF
CERTAIN
OBLIGATIONS.— 
Upon execution of the amendment required by 
subparagraph (C), the State of Missouri shall be 
relieved of the obligation to pay the percentage of 
the annual operation and maintenance expense, 
the percentage of major replacement cost, and the 
percentage of major rehabilitation costs, of the 
joint use facilities of the project described in sub-
paragraph (A), that are attributable to water 
supply storage space not being used by the State 
during the period before the State commences use 
of the storage space. 
(C) AMENDMENT TO CONTRACT.—The Sec-
retary shall amend Water Supply Contract No. 
DACW43–88–C–0036, dated March 10, 1988, be-
tween the United States and the State of Mis-
souri, to implement the modifications required 
under subparagraphs (A) and (B). 
(2) CITY OF PLATTSBURG.— 
(A) IN GENERAL.—The project for Smith-
ville Lake, Missouri, authorized pursuant to sec-
tion 204 of the Flood Control Act of 1965 (79 
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3882 
Stat. 1080), is modified to release the City of 
Plattsburg, Missouri, from— 
(i) 8,850 acre-feet of future water sup-
ply storage contracts; and 
(ii) future financial obligations for the 
volume of storage described in clause (i). 
(B) AMENDMENT TO CONTRACT.—The Sec-
retary shall amend water supply contract No. 
DACW41–73–C–0008, between the United States 
and the State of Missouri, to implement the 
modifications under subparagraph (A). 
(3) CITY OF SMITHVILLE.— 
(A) IN GENERAL.—The project for Smith-
ville Lake, Missouri, authorized pursuant to sec-
tion 204 of the Flood Control Act of 1965 (79 
Stat. 1080), is modified to release the City of 
Smithville, Missouri, from— 
(i) 6,000 acre-feet of future water sup-
ply storage contracts; and 
(ii) future financial obligations for the 
volume of storage described in clause (i). 
(B) AMENDMENT TO CONTRACT.—The Sec-
retary shall amend water supply contract No. 
DACW–41–73–C–0007, 
between 
the 
United 
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3883 
States and the State of Missouri, to implement 
the modifications under subparagraph (A). 
(b) FLOOD RISK MANAGEMENT.—The following project 
modifications for flood risk management, as identified in 
a report entitled ‘‘Report to Congress on Future Water Re-
sources Development’’, and submitted to Congress pursuant 
to section 7001 of the Water Resources Reform and Develop-
ment Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed 
by Congress, are authorized to be carried out by the Sec-
retary: 
(1) Modification of the project for flood risk 
management, lower Mississippi River, authorized by 
the Act of May 15, 1928 (chapter 569, 45 Stat. 534), 
to incorporate the Wolf River Backwater and 
Nonconnah Creek levee systems into the project, au-
thorized by section 5 of the Act of June 22, 1936 
(chapter 688, 49 Stat. 1575; 50 Stat. 881), subject to 
the determination of the Secretary that such systems 
meet all requirements applicable to such project. 
(2) Modification of the project for flood risk 
management, Red River below Denison Dam, Arkan-
sas, Louisiana, and Texas, authorized by the Act of 
June 28, 1938 (chapter 795, 52 Stat. 1219), to incor-
porate the Cherokee Park Levee into the project, sub-
ject to the determination of the Secretary that such 
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levee meets all requirements applicable to such 
project. 
SEC. 354. COMPLETION OF MAINTENANCE AND REPAIR AC-
TIVITIES. 
(a) EXPEDITED COMPLETIONS.— 
(1) UPPER SNAKE RIVER BASIN.—The Secretary 
shall expedite, in coordination with State, Tribal, 
and local authorities, the completion of maintenance 
and repair activities for those elements of the levee 
systems in the Upper Snake River Basin, authorized 
pursuant to the Flood Control Act of 1950 (64 Stat. 
179), that are operated and maintained by the Sec-
retary. 
(2) LOWER MISSOURI RIVER BASIN.—The Sec-
retary shall expedite, in coordination with State and 
local authorities and stakeholders, the completion of 
maintenance and repair activities for those elements 
of the levee systems in the Lower Missouri River 
Basin, authorized pursuant to the Pick-Sloan Mis-
souri River Basin Program (authorized by section 
9(b) of the Act of December 22, 1944 (chapter 665, 58 
Stat. 891)) or the Missouri River Bank Stabilization 
and Navigation project (authorized by section 2 of the 
Act of March 2, 1945 (chapter 19, 59 Stat. 19)), that 
are operated and maintained by the Secretary. 
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3885 
(3) COOS BAY NORTH JETTY SYSTEM, OREGON.— 
The Secretary shall expedite, in coordination with 
State and local authorities and stakeholders, the com-
pletion of maintenance and repair activities for those 
elements of the Coos Bay North Jetty system, Oregon, 
authorized by the first section of the Act of January 
21, 1927 (chapter 47, 44 Stat. 1014), that are oper-
ated and maintained by the Secretary. 
(4) INDIAN RIVER INLET AND BAY, DELAWARE.— 
The Secretary shall expedite, in coordination with 
State and local authorities, the completion of mainte-
nance and repair activities for the elements of the 
project for navigation, Indian River Inlet and Bay, 
Delaware, authorized by the Act of August 26, 1937 
(chapter 832, 50 Stat. 846), that are operated and 
maintained by the Secretary. 
(b) SAVINGS PROVISION.—Nothing in this section af-
fects the responsibility of the Secretary to comply with the 
requirements of any Federal law in carrying out the activi-
ties required to be expedited by this section. 
SEC. 355. PROJECT REAUTHORIZATIONS. 
(a) IN GENERAL.— 
(1) MUDDY RIVER, MASSACHUSETTS.—The sepa-
rable elements for ecosystem restoration of the project 
for flood damage reduction and environmental res-
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toration, Muddy River, Brookline and Boston, Massa-
chusetts, authorized by section 522 of the Water Re-
sources Development Act of 2000 (114 Stat. 2656), 
and deauthorized pursuant to section 6001 of the 
Water Resources Reform and Development Act of 
2014 (128 Stat. 1345), are authorized to be carried 
out by the Secretary, subject to subsection (b). 
(2) EAST
CHESTER
CREEK, NEW
YORK.—Not-
withstanding section 1001 of the Water Resources De-
velopment Act of 1986 (33 U.S.C. 579a), the project 
for navigation, East Chester Creek, New York, author-
ized by section 101 of the River and Harbor Act of 
1950 (64 Stat. 164; 100 Stat. 4181), and deauthor-
ized pursuant to section 1001 of the Water Resources 
Development Act of 1986 (33 U.S.C. 579(a)), is au-
thorized to be carried out by the Secretary, subject to 
subsection (b). 
(3) CHRISTIANSTED
HARBOR, UNITED
STATES 
VIRGIN
ISLANDS.—Notwithstanding section 1002 of 
the Water Resources Development Act of 1986 (100 
Stat. 4221), the portion of the project for navigation, 
Christiansted Harbor, St. Croix, United States Virgin 
Islands, authorized by section 101 of the River and 
Harbor Act of 1950 (64 Stat. 167), and deauthorized 
under section 1002 of the Water Resources Develop-
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3887 
ment Act of 1986 (100 Stat. 4221), is authorized to 
be carried out by the Secretary, subject to subsection 
(b). 
(4) CHARLOTTE AMALIE (ST. THOMAS) HARBOR, 
UNITED
STATES
VIRGIN
ISLANDS.—Notwithstanding 
section 1002 of the Water Resources Development Act 
of 1986 (100 Stat. 4221), the portion of the project for 
navigation, Charlotte Amalie (St. Thomas) Harbor, 
St. Thomas, United States Virgin Islands, authorized 
by the Act of August 26, 1937 (chapter 832, 50 Stat. 
850), and deauthorized under section 1002 of the 
Water Resources Development Act of 1986 (100 Stat. 
4221), is authorized to be carried out by the Sec-
retary, subject to subsection (b). 
(b) REPORT TO CONGRESS.—The Secretary shall com-
plete and submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Com-
mittee on Environment and Public Works of the Senate a 
post-authorization change report (as such term is defined 
in section 1132(d) of the Water Resources Development Act 
of 2016 (33 U.S.C. 2282e(d)) prior to carrying out a project 
identified in subsection (a). 
SEC. 356. CONVEYANCES. 
(a) GENERALLY APPLICABLE PROVISIONS.— 
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(1) SURVEY TO OBTAIN LEGAL DESCRIPTION.— 
The exact acreage and the legal description of any 
real property to be conveyed under this section shall 
be determined by a survey that is satisfactory to the 
Secretary. 
(2) APPLICABILITY
OF
PROPERTY
SCREENING 
PROVISIONS.—Section 2696 of title 10, United States 
Code, shall not apply to any conveyance under this 
section. 
(3) COSTS OF CONVEYANCE.—An entity to which 
a conveyance is made under this section shall be re-
sponsible for all reasonable and necessary costs, in-
cluding real estate transaction and environmental 
documentation costs, associated with the conveyance. 
(4) LIABILITY.—An entity to which a conveyance 
is made under this section shall hold the United 
States harmless from any liability with respect to ac-
tivities carried out, on or after the date of the convey-
ance, on the real property conveyed. The United 
States shall remain responsible for any liability with 
respect to activities carried out, before such date, on 
the real property conveyed. 
(5) ADDITIONAL TERMS AND CONDITIONS.—The 
Secretary may require that any conveyance under 
this section be subject to such additional terms and 
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conditions as the Secretary considers necessary and 
appropriate to protect the interests of the United 
States. 
(b) EUFAULA, ALABAMA.— 
(1) CONVEYANCE AUTHORIZED.—The Secretary 
shall convey to the City of Eufaula, Alabama, all 
right, title, and interest of the United States in and 
to the real property described in the Department of 
the Army Lease No. DACW01–2–17–0747, containing 
56.76 acres, more or less, and being a part of Tracts 
L–1268 (26.12 acres), L–1273 (13.71 acres), L–1278 
(6.75 acres), and L1279 (10.36 acres) of the Walter 
F. George Lock and Dam and Lake project. 
(2) DEED.—The Secretary shall convey the prop-
erty under this subsection by quitclaim deed under 
such terms and conditions as the Secretary deter-
mines appropriate to protect the interests of the 
United States. 
(3) CONSIDERATION.—The City of Eufaula, Ala-
bama, shall pay to the Secretary an amount that is 
not less than the fair market value of the property 
conveyed under this subsection, as determined by the 
Secretary. 
(c) MONTGOMERY, ALABAMA.— 
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3890 
(1) CONVEYANCE AUTHORIZED.—The Secretary 
shall convey to the City of Montgomery, Alabama, all 
right, title, and interest of the United States in and 
to the real property described in paragraph (2). 
(2) PROPERTY.—The property to be conveyed is 
the 62.38 acres of land and water under the primary 
jurisdiction of the Secretary in the R.E. ‘‘Bob’’ Wood-
ruff Project Area that is covered by lease number 
DACW01–1–05–0037, including the parcels and 
structure known as ‘‘Powder Magazine’’. 
(3) DEADLINE.—To the extent practicable, the 
Secretary shall complete the conveyance under this 
subsection by not later than 180 days after the date 
of enactment of this Act. 
(4) DEED.—The Secretary shall convey the prop-
erty under this subsection by quitclaim deed under 
such terms and conditions as the Secretary deter-
mines appropriate to protect the interests of the 
United States, to include retaining the right to inun-
date with water any land transferred under this sub-
section. 
(5) CONSIDERATION.—The City of Montgomery, 
Alabama, shall pay to the Secretary an amount that 
is not less than the fair market value of the property 
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conveyed under this subsection, as determined by the 
Secretary. 
(d) CONVEYANCE OF WILMINGTON HARBOR NORTH 
DISPOSAL AREA, DELAWARE.— 
(1) IN GENERAL.—As soon as practicable, the 
Secretary shall complete the conveyance of the Wil-
mington Harbor North Disposal Area confined dis-
posal facility, Delaware, to the State of Delaware. 
(2) DEED.—The Secretary shall convey the prop-
erty under this subsection by quitclaim deed under 
such terms and conditions as the Secretary deter-
mines appropriate to protect the interests of the 
United States. 
(3) CONSIDERATION.—The State of Delaware 
shall pay to the Secretary an amount that is not less 
than the fair market value of the property conveyed 
under this subsection, as determined by the Secretary. 
(e) OHIO RIVER LOCK AND DAM NUMBER 52, MASSAC 
COUNTY, ILLINOIS.— 
(1) CONVEYANCE AUTHORIZED.—The Secretary 
shall convey to the Massac-Metropolis Port District, 
Illinois, all right, title, and interest of the United 
States in and to any real property located north of 
the south bank of the Ohio River in Massac County, 
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3892 
Illinois, that is associated with the Ohio River Lock 
and Dam 52. 
(2) DEED.—The Secretary shall convey the prop-
erty under this subsection by quitclaim deed under 
such terms and conditions as the Secretary deter-
mines appropriate to protect the interests of the 
United States. 
(3) 
CONSIDERATION.—The 
Massac-Metropolis 
Port District, Illinois, shall pay to the Secretary an 
amount that is not less than fair market value of the 
property conveyed under this subsection, as deter-
mined by the Secretary. 
(f) UPPER ST. ANTHONY FALLS LOCK AND DAM, MIN-
NEAPOLIS, MINNESOTA.— 
(1) CONVEYANCE
AUTHORIZED.—As soon as 
practicable after the date of enactment of this Act, the 
Secretary shall, upon request— 
(A) convey, without consideration, to the 
City of Minneapolis, Minnesota, or its designee, 
all or substantially all of the real property 
owned by the United States adjacent to or in the 
vicinity of the Upper St. Anthony Falls Lock 
and Dam, subject to the right of the Secretary to 
retain any easements in such property solely to 
the extent necessary to continue to operate and 
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maintain the Upper St. Anthony Falls Lock and 
Dam; and 
(B) provide, without consideration, to the 
City or its designee— 
(i) access and use rights by license, 
easement, or similar agreement, to any real 
property and structures at the site of the 
Upper St. Anthony Falls Lock and Dam 
that is not conveyed under subparagraph 
(A); and 
(ii) for any such property retained by 
the Secretary, exclusive license or easement 
over such property to allow the City or its 
designee to construct, use, and operate 
amenities thereon, and to utilize such prop-
erty 
as 
a 
comprehensive 
recreational, 
touristic, and interpretive experience. 
(2) OWNERSHIP AND OPERATION OF LOCK AND 
DAM.—Ownership rights to the Upper St. Anthony 
Falls Lock and Dam shall not be conveyed under this 
subsection, and the Secretary shall retain all rights to 
operate and maintain the Upper St. Anthony Falls 
Lock and Dam. 
(3) REVERSION.—If the Secretary determines 
that the property conveyed under this subsection is 
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3894 
not used for a public purpose, all right, title, and in-
terest in and to the property shall revert, at the dis-
cretion of the Secretary, to the United States. 
(4) UPPER ST. ANTHONY FALLS LOCK AND DAM 
DEFINED.—In this subsection, the term ‘‘Upper St. 
Anthony Falls Lock and Dam’’ means the lock and 
dam located on Mississippi River Mile 853.9 in Min-
neapolis, Minnesota. 
(g) CLINTON, MISSOURI.— 
(1) CONVEYANCE AUTHORIZED.—The Secretary 
shall convey to the City of Clinton, Missouri, without 
consideration, all right, title, and interest of the 
United States in and to the real property described 
in paragraph (2). 
(2) PROPERTY.—The property to be conveyed is 
a tract of land situated in the S 1⁄2 of Section 12 and 
the N 1⁄2 of Section 13, Township 41 North, Range 26 
West of the Fifth Principal Meridian, Henry County, 
Missouri, more particularly described as follows: Be-
ginning at the point of intersection of the north line 
of said S 1⁄2 of Section 12 and the easterly right-of- 
way of State Highway No. 13; thence easterly along 
the north line of said S 1⁄2 to the northeast corner of 
the W 1⁄2 NW 1⁄4 NE 1⁄4 SW 1⁄4 of said Section 12; 
thence southerly along the east line of said W 1⁄2 NW 
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1⁄4 NE 1⁄4 SW 1⁄4 to the southeast corner thereof; 
thence easterly along the north line of the S 1⁄2 NE 
1⁄4 SW 1⁄4 of said Section 12 to the southwest corner 
of the W 1⁄2 NW 1⁄4 NW 1⁄4 SE 1⁄4 of said Section 12; 
thence in a northeasterly direction to the northeast 
corner of said W 1⁄2 NW 1⁄4 NW 1⁄4 SE 1⁄4 ; thence 
easterly along the north line of said S 1⁄2 to the west-
erly right-of-way of the County Road; thence in a 
southeasterly and southerly direction along the west-
erly right-of-way of said County Road approximately 
2500 feet to the center of Deer Creek; thence in a 
southwesterly direction along the center of said Deer 
Creek, approximately 3900 feet to the south line of 
said N 1⁄2 of Section 13; thence westerly along the 
south line of said N 1⁄2 to the easterly right-of-way 
line of the St. Louis-San Francisco Railroad; thence 
in a northwesterly direction along the easterly right- 
of-way of said railroad to the easterly right-of-way of 
said State Highway No. 13; thence in a northeasterly 
direction along the easterly right-of-way of said State 
Highway No. 13 to the point of the beginning; and 
including a roadway easement for ingress and egress, 
described as a strip of land 80 feet in width, lying 
40 feet on each side of the following described line, the 
initial extremities of the following described strip 
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being extended or reduced as required to exactly ad-
join the boundary lines which they meet, situated in 
the S 1⁄2 of Section 12, Township 41 North Range 26 
West of the Fifth Principal Meridian, Henry County, 
Missouri, more particularly described as follows: 
Commencing at the center of said Section 12, thence 
Sl°24’56’’W, 
1265.52 
feet 
to 
a 
point, 
thence 
N88°29’02’’W, 483.97 feet to the point of beginning of 
the strip of land herein described; thence in a north-
easterly direction along a curve to the right, said 
curve 
having 
an 
initial 
tangent 
bearing 
of 
N3°44’4l’’E, a radius of 238.73 feet and an interior 
angle of 61°29’26’’, an arc distance of 256.21 feet to 
a point; thence N65°14’07’’E 218.58 feet to a point; 
thence in a northeasterly direction along a curve to 
the left, having a radius of 674.07 feet and an inte-
rior angle of 36°00’01’’, an arc distance of 423.53 feet 
to a point; thence N29°14’07’’E, 417.87 feet to a 
point; thence northeasterly along a curve to the right, 
having a radius of 818.51 feet and an interior angle 
of 14°30’01’’, an arc distance of 207.15 feet to a 
point; thence N43°44’07’’E, 57.00 feet to the southerly 
right-of-way line of a county road, containing 2,948 
acres, more or less; Excluding therefrom a tract of 
land situated in the S 1⁄2 of said Section 12, said 
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Township and Range, described as commencing at the 
center of said Section 12; thence S1°24’56’’W, 1265.52 
feet to the point of beginning of the tract of land here-
in described; thence N88°29’02’’W, 1122.50 feet; 
thence S1°43’26’’W, 872.62 feet; thence S88°29’02’’E, 
1337.36 feet; thence Nl°43’26’’E, 872.62 feet; thence 
N88°29’02’’W, 214.86 feet to the point of beginning, 
containing 26.79 acres, more or less. The above de-
scribed tract contains, in the aggregate, 177.69 acres, 
more or less. 
(3) DEED.—The Secretary shall convey the prop-
erty under this subsection by quitclaim deed under 
such terms and conditions as the Secretary deter-
mines appropriate to protect the interests of the 
United States. 
(4) REVERSION.—If the Secretary determines 
that the property conveyed under this subsection is 
not being used for a public purpose, all right, title, 
and interest in and to the property shall revert, at the 
discretion of the Secretary, to the United States. 
(h) CITY OF CLINTON, OLD ORCHARD ADDITION, MIS-
SOURI.— 
(1) CONVEYANCE AUTHORIZED.—The Secretary 
shall convey to the City of Clinton, Missouri, all 
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3898 
right, title, and interest of the United States in and 
to the real property described in paragraph (2). 
(2) PROPERTY.—The property to be conveyed is 
Lot 28 in Old Orchard Addition, a subdivision of the 
City of Clinton, Henry County, Missouri, containing 
0.36 acres, more or less, including any improvements 
thereon. 
(3) DEED.—The Secretary shall convey the prop-
erty under this subsection by quitclaim deed under 
such terms and conditions as the Secretary deter-
mines appropriate to protect the interests of the 
United States, including such reservations, terms, and 
conditions as the Secretary determines necessary to 
allow the United States to operate and maintain the 
Harry S. Truman Reservoir Project. 
(4) CONSIDERATION.—The City of Clinton, Mis-
souri, shall pay to the Secretary an amount that is 
not less than the fair market value of the property 
conveyed under this subsection, as determined by the 
Secretary. 
(i) TRI-COUNTY LEVEE DISTRICT, MISSOURI.— 
(1) CONVEYANCE AUTHORIZED.—The Secretary 
shall convey to the Tri-County Levee District, Mis-
souri, all right, title, and interest of the United States 
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in and to the real property described in paragraph 
(2). 
(2) PROPERTY.—The property to be conveyed is 
the part of Sections 1 and 12 Township 45 North 
Range 6 West of the 5th P.M. in Montgomery County, 
Missouri, described as follows: A tract of land being 
60’ wide and lying South and East of and adjoining 
the centerline of the existing levee and being described 
as follows: Commencing at the NW corner of Section 
12, thence S 87° 52’ 35’’ E 587.4’, thence S 01° 29’ 
25’’ W 453.68’ to the point of the beginning; said 
point being in the center of the levee, thence with the 
centerline of the levee N 77° 01’ 30’’ E 164.92’, thence 
N 74° 26’ 55’’ E 250.0’, thence N 72° 27’ 55’’ E 
270.0’, thence N 69° 06’ 10’’ E 300.0’, thence N 66° 
42’ 15’’ E 500.0’, thence N 64° 14’ 30’’ E 270.0’, 
thence N 61° 09’ 10’’ E 800.0’, thence N 60° 58’ 15’’ 
E 1724.45’, thence leaving the centerline S 01° 10’ 
35’’ W 69.43’, thence parallel with the above described 
centerline S 60° 58’ 15’’ W 1689.62’, thence S 61° 09’ 
10’’ W 801.71’, thence S 64° 14’ 30’’ W 272.91’, 
thence S 66° 42’ 15’’ W 502.55’, thence S 69° 06’ 10’’ 
W 303.02’, thence S 72° 27’ 55’’ W 272.8’, thence S 
74° 26’ 55’’ W 252.39’, thence S 77° 01’ 30’’ W 
181.75’, thence leaving the South side of the levee N 
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01° 26’ 25’’ E 61.96’ to the point of beginning and 
containing 5.89 acres more or less. 
(3) DEED.—The Secretary shall convey the prop-
erty under this subsection by quitclaim deed under 
such terms and conditions as the Secretary deter-
mines appropriate to protect the interests of the 
United States. 
(4) CONSIDERATION.—The Tri-County Levee 
District, Missouri, shall pay to the Secretary an 
amount that is not less than the fair market value of 
the property conveyed under this subsection, as deter-
mined by the Secretary. 
(j) JUDGE JOSEPH BARKER, JR., HOUSE, OHIO.— 
(1) NON-FEDERAL ENTITY.—In this subsection, 
the term ‘‘non-Federal entity’’ means the Friends of 
Joseph Barker, Jr., House, a nonprofit organization 
in the State of Ohio. 
(2) CONVEYANCE AUTHORIZED.— 
(A) IN
GENERAL.—Subject to paragraph 
(6), the Secretary shall convey to the non-Federal 
entity, without consideration, all right, title, and 
interest of the United States in and to the prop-
erty described in paragraph (3)(A). 
(B) EASEMENT.—Upon conveyance of the 
property under subparagraph (A), the Secretary 
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shall provide to the non-Federal entity, without 
consideration, an easement over the property de-
scribed in paragraph (3)(B) for access to the 
conveyed property for as long as the non-Federal 
entity is in legal possession of the conveyed prop-
erty. 
(3) DESCRIPTIONS OF PROPERTY.— 
(A) IN GENERAL.—The property referred to 
in paragraph (2)(A) is the following (as in exist-
ence on the date of enactment of this Act): 
(i) 
JUDGE
JOSEPH
BARKER, 
JR., 
HOUSE.—The tract of land situated in the 
State of Ohio, Washington County, on the 
Ohio River, and being particularly bounded 
and described as follows: Beginning at a 
point located on the southern right-of-way 
line of Ohio Route 7, a new corner to the 
land now or formerly owned by the United 
States of America; thence, leaving the right- 
of-way of said Route 7 and severing the 
land of said United States of America par-
allel to and approximately 10 feet easterly 
of the toe of the existing dredge disposal 
berm, southeasterly approximately 326 feet 
to a point prior to the current Corps of En-
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gineers access to the dredging spoil area; 
thence, northeasterly approximately 480 feet 
paralleling the top of the slope to the river-
bank side of the house and approximately 
25 feet northerly therefrom; thence, north-
west approximately 302 feet to a point in 
the southern right-of-way of Ohio Route 7; 
thence with the right-of-way of said Route 
7, southwesterly approximately 485 feet to 
the point of beginning, containing approxi-
mately 3.51 acres. 
(ii) ROAD TRACT.—The tract of land 
situated in the State of Ohio, Washington 
County, on the Ohio River, and being par-
ticularly bounded and described as follows: 
Beginning at a point located on the south-
ern right-of-way line of Ohio Route 7, a 
new corner to the land now or formerly 
owned by the United States of America; 
thence, leaving the right-of-way of said 
Route 7 and severing the land of said 
United States of America and with the 
House Parcel southeasterly 25 feet; thence, 
northeast, running parallel to said Route 7 
right-of-way, approximately 994 feet to a 
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point of deflection; thence northeasterly 368 
feet to a point beyond the existing fence cor-
ner; thence, east 140 feet to the edge of the 
existing Willow Island access road; thence 
with said access road, northwesterly ap-
proximately 62 feet to a point in the south-
ern right-of-way of Ohio Route 7; thence 
with the right-of-way of said Route 7, 
southwesterly approximately 1,491 feet to 
the point of beginning, containing approxi-
mately 1 acre. 
(B) EASEMENT.—The property referred to 
in paragraph (2)(B) is the following: The tract 
of land situated in the State of Ohio, Wash-
ington County, on the Ohio River, and being 
particularly bounded and described as follows: 
Beginning at a point at the intersection of the 
southern right-of-way of Ohio Route 7 and the 
northeast side of the existing Willow Island ac-
cess road, a new corner to the land now or for-
merly owned by the United States of America; 
thence, southwest, running with said Route 7 
right-of-way, approximately 30 feet to a point on 
the southwest side of the existing access road, 
and corner to the road tract; thence with said ac-
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cess road and the line of the road parcel, south-
easterly approximately 62 feet to a point; thence 
leaving the road parcel and crossing the existing 
access road northeasterly approximately 30 feet 
to a point located on the northeast side of the ex-
isting access road; thence, northwesterly approxi-
mately 62 feet, to the point of beginning, con-
taining approximately 0.04 acre. 
(4) DEED.—The Secretary shall convey the prop-
erty under this subsection by quitclaim deed under 
such terms and conditions as the Secretary deter-
mines appropriate to protect the interests of the 
United States. 
(5) REVERSION.—If the Secretary determines 
that the property conveyed under this subsection is 
not being used by the non-Federal entity for a public 
purpose, all right, title, and interest in and to the 
property shall revert, at the discretion of the Sec-
retary, to the United States. 
(6) REQUIREMENTS.— 
(A) IMPROVEMENTS; ENVIRONMENTAL
AS-
SESSMENT.— 
(i) 
IMPROVEMENTS.—The 
Secretary 
shall make such improvements and alter-
ations to the property described in para-
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graph (3)(A)(i) as the Secretary, in con-
sultation with the non-Federal entity and 
relevant stakeholders, determines to be ap-
propriate to facilitate conveyance of the 
property and provision of the easement 
under this subsection. 
(ii) ENVIRONMENTAL
ASSESSMENT.— 
Before making a conveyance under para-
graph (2), the Secretary shall— 
(I) conduct, with respect to the 
property to be conveyed, an assessment 
of the environmental condition of the 
property, including an investigation of 
any potential hazardous, toxic, or ra-
dioactive waste present on such prop-
erty; and 
(II) submit to the non-Federal en-
tity a report describing the results of 
such assessment. 
(iii) LIMITATION.—The total cost of the 
activities carried out by the Secretary under 
this subparagraph shall be not more than 
$120,000. 
(B) REFUSAL BY NON-FEDERAL ENTITY.— 
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(i) IN GENERAL.—Upon review by the 
non-Federal entity of the report under sub-
paragraph (A)(ii), the non-Federal entity 
may elect to refuse the conveyance under 
this subsection. 
(ii) ELECTION.—An election under 
clause (i)— 
(I) shall be at the sole discretion 
of the non-Federal entity; and 
(II) shall be made by the non-Fed-
eral entity by not later than the date 
that is 30 days after the date of sub-
mission of the report under subpara-
graph (A)(ii)(II). 
(C) DREDGED
MATERIAL
PLACEMENT
AC-
TIVITIES.—The Secretary shall— 
(i) notify and coordinate with the non- 
Federal entity and relevant stakeholders be-
fore carrying out any dredged material 
placement activities associated with the 
property described in paragraph (3)(A) 
after the date on which such property is 
conveyed under this subsection; and 
(ii) in carrying out a dredged material 
placement activity under clause (i), act in 
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accordance with Engineer Manual EM 
1110–2–5025 (or a subsequent version of 
that manual). 
(7) RESERVATION
OF
RIGHTS.—The Secretary 
may reserve and retain from any conveyance under 
this subsection a right-of-way or any other right that 
the Secretary determines to be necessary for the oper-
ation and maintenance of the authorized Federal 
channel along the Ohio River. 
(8) TREATMENT.—Conveyance to the non-Fed-
eral entity under this subsection of property described 
in paragraph (3)(A)(i) shall satisfy all obligations of 
the Secretary with respect to such property under— 
(A) section 306101 of title 54, United States 
Code; and 
(B) section 306108 of title 54, United States 
Code, with respect to the effects on the property 
of dredged material placement activities carried 
out by the Secretary after the date of the convey-
ances. 
(9) INAPPLICABILITY.—Subtitle I of title 40, and 
chapter 4 of title 41, United States Code shall not 
apply to any conveyance or easement provided under 
this subsection. 
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(k) LEABURG FISH HATCHERY, LANE COUNTY, OR-
EGON.— 
(1) CONVEYANCE AUTHORIZED.—Subject to the 
provisions of this subsection, the Secretary shall con-
vey, without consideration, to the State of Oregon, 
acting through the Oregon Department of Fish and 
Wildlife, all right, title, and interest of the United 
States in and to the real property comprising the 
Leaburg Fish Hatchery, consisting of approximately 
21.55 acres, identified as tracts Q–1500, Q–1501E, 
and 300E–1 and described in Department of the 
Army Lease No. DACW57–1–18–0009, together with 
any improvements on the property. 
(2) WATER RIGHTS.—The Secretary may trans-
fer to the State of Oregon, acting through the Oregon 
Department of Fish and Wildlife, any water rights 
held by the United States that are appurtenant to the 
property conveyed under this subsection. 
(3) DEED.—The Secretary shall convey the prop-
erty under this subsection by quitclaim deed under 
such terms and conditions as the Secretary deter-
mines appropriate to protect the interests of the 
United States, including a condition that all of the 
property conveyed under this subsection be used and 
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maintained by the State of Oregon for the purpose of 
operating a fish hatchery in perpetuity. 
(4) REVERSION.—If the Secretary determines 
that the property conveyed under this subsection is 
not being used or maintained by the State of Oregon 
for the purpose of operating a fish hatchery in per-
petuity, all or any portion of the property, including 
any water rights transferred under this subsection, 
shall, at the option of the Secretary, revert to the 
United States. 
(5) SAVINGS CLAUSE.—If the State of Oregon 
does not accept the conveyance under this subsection, 
the Secretary may dispose of the property, including 
appurtenant water rights, under subchapter III of 
chapter 5 of title 40, United States Code. 
(l) WILLAMETTE FALLS LOCKS, WILLAMETTE RIVER, 
OREGON.— 
(1) DEFINITIONS.—In this section: 
(A) REAL
ESTATE
APPENDIX.—The term 
‘‘real estate appendix’’ means Appendix A of the 
document published by the District Commander 
of the Portland District of the Corps of Engi-
neers, titled ‘‘Willamette Falls Locks Willamette 
River Oregon Section 216 Disposition Study 
with Integrated Environmental Assessment’’. 
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(B) RECEIVING ENTITY.—The term ‘‘receiv-
ing entity’’ means an entity identified by the 
State of Oregon, in consultation with the Wil-
lamette Falls Locks Commission, to receive the 
conveyance under paragraph (2). 
(C) WILLAMETTE FALLS LOCKS PROJECT.— 
The term ‘‘Willamette Falls Locks project’’ 
means the project for navigation, Willamette 
Falls Locks, Willamette River, Oregon, author-
ized by the Act of June 25, 1910 (36 Stat. 664, 
chapter 382). 
(D) WILLAMETTE FALLS LOCKS REPORT.— 
The term ‘‘Willamette Falls Locks report’’ means 
the memorandum of the Director of Civil Works 
with the subject ‘‘Willamette Falls Locks (WFL), 
Willamette River Oregon Section 216 Disposi-
tion Study with Integrated Environmental As-
sessment (Study)’’, dated July 11, 2019. 
(2) CONVEYANCE AUTHORIZED.—The Secretary 
is authorized to convey to the receiving entity, with-
out consideration, all right, title, and interest of the 
United States in and to any land in which the Fed-
eral Government has a property interest for the Wil-
lamette Falls Locks project, together with any im-
provements on the land, subject to the requirements of 
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this subsection and in accordance with the Willamette 
Falls Locks report. 
(3) DEED.—The Secretary shall convey the prop-
erty under this subsection by quitclaim deed under 
such terms and conditions as the Secretary deter-
mines appropriate to protect the interests of the 
United States. 
(4) SUBJECT
TO
EXISTING
EASEMENTS
AND 
OTHER
INTERESTS.—The conveyance of property 
under paragraph (2) shall be subject to all existing 
deed reservations, easements, rights-of-way, and leases 
that are in effect as of the date of the conveyance. 
(5) REVERSION.—If the Secretary determines 
that the property conveyed under this subsection cease 
to be held in public ownership, all right, title, and in-
terest in and to the property shall revert, at the dis-
cretion of the Secretary, to the United States. 
(6) REQUIREMENTS BEFORE CONVEYANCE.— 
(A) PERPETUAL ROAD EASEMENT.—Before 
making the conveyance under paragraph (2), the 
Secretary shall acquire a perpetual road ease-
ment from an adjacent property owner for use of 
an access road, which easement shall convey with 
the property conveyed under such paragraph. 
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(B) ENVIRONMENTAL COMPLIANCE.—Before 
making the conveyance under paragraph (2), in 
accordance with the real estate appendix, the 
Secretary shall complete a Phase 1 Environ-
mental Site Assessment pursuant to the Com-
prehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9601 
et seq.). 
(C) HISTORIC
PRESERVATION.—The Sec-
retary may enter into a memorandum of agree-
ment with the Oregon State Historic Preserva-
tion Office and the Advisory Council on Historic 
Preservation that identifies actions the Secretary 
shall take before making the conveyance under 
paragraph (2). 
(D) REPAIRS.—Before making the convey-
ance under paragraph (2), the Secretary shall 
carry out repairs to address primary seismic 
and safety risks in accordance with the rec-
ommendations approved in the Willamette Falls 
Locks report. 
(7) DEAUTHORIZATION.—Beginning on the date 
on which the Secretary makes the conveyance under 
paragraph (2), the Willamette Falls Locks project is 
no longer authorized. 
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SEC. 357. LAKE EUFAULA ADVISORY COMMITTEE. 
Section 3133(b) of the Water Resources Development 
Act of 2007 (121 Stat. 1141) is amended by adding at the 
end the following: 
‘‘(5) TERMINATION.—The committee shall termi-
nate on the date that is 30 days after the date on 
which the committee submits final recommendations 
to the Secretary.’’. 
SEC. 358. REPEAL OF MISSOURI RIVER TASK FORCE, NORTH 
DAKOTA. 
(a) IN GENERAL.—Section 705 of the Water Resources 
Development Act of 2000 (114 Stat. 2696) is repealed. 
(b) CONFORMING AMENDMENTS.— 
(1) PURPOSES.—Section 702(b)(3) of the Water 
Resources Development Act of 2000 (114 Stat. 2695) 
is amended by inserting ‘‘prepared under section 
705(e) (as in effect on the day before the date of en-
actment of the Water Resources Development Act of 
2020)’’ before the period at the end. 
(2) DEFINITIONS.—Section 703 of the Water Re-
sources Development Act of 2000 (114 Stat. 2695) is 
amended— 
(A) by striking paragraphs (2) and (4); and 
(B) by redesignating paragraphs (3) and 
(5) as paragraphs (2) and (3), respectively. 
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3914 
SEC. 359. REPEAL OF MISSOURI RIVER TASK FORCE, SOUTH 
DAKOTA. 
(a) IN GENERAL.—Section 905 of the Water Resources 
Development Act of 2000 (114 Stat. 2709) is repealed. 
(b) CONFORMING AMENDMENTS.— 
(1) PURPOSES.—Section 902(b)(3) of the Water 
Resources Development Act of 2000 (114 Stat. 2708) 
is amended by inserting ‘‘prepared under section 
905(e) (as in effect on the day before the date of en-
actment of the Water Resources Development Act of 
2020)’’ before the period at the end. 
(2) DEFINITIONS.—Section 903 of the Water Re-
sources Development Act of 2000 (114 Stat. 2708) is 
amended— 
(A) by striking paragraphs (2) and (4); and 
(B) by redesignating paragraphs (3) and 
(5) as paragraphs (2) and (3), respectively. 
SEC. 360. CONFORMING AMENDMENTS. 
(a) Section 710 of the Water Resources Development 
Act of 1986 (33 U.S.C. 2264), and the item relating to such 
section in the table of contents, are repealed. 
(b) Section 1001 of the Water Resources Development 
Act of 1986 (33 U.S.C. 579a) is amended— 
(1) in subsection (b), by striking paragraph (2) 
and redesignating paragraph (3) as paragraph (2); 
and 
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3915 
(2) by striking subsection (c). 
(c) Section 1001 of the Water Resources Reform and 
Development Act of 2014 (33 U.S.C. 2282c) is amended— 
(1) in subsection (d)— 
(A) in paragraph (1), by striking ‘‘Notwith-
standing the requirements of subsection (c), the 
Secretary’’ and inserting ‘‘The Secretary’’; 
(B) by striking ‘‘subsections (a) and (c)’’ 
each place it appears and inserting ‘‘subsection 
(a)’’; and 
(C) by striking paragraph (4); and 
(2) by striking subsection (c) and redesignating 
subsections (d) through (g) as subsections (c) through 
(f), respectively. 
(d) Section 6003 of the Water Resources Reform and 
Development Act of 2014 (33 U.S.C. 579c), and the item 
relating to such section in the table of contents, are repealed. 
(e) Section 1301 of the Water Resources Development 
Act of 2016 (33 U.S.C. 579d), and the item relating to such 
section in the table of contents, are repealed. 
(f) Section 1302 of the Water Resources Development 
Act of 2016 (33 U.S.C. 579c–1), and the item relating to 
such section in the table of contents, are repealed. 
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(g) Section 1301 of the Water Resources Development 
Act of 2018 (33 U.S.C. 579d–1), and the item relating to 
such section in the table of contents, are repealed. 
(h) Section 1302 of the Water Resources Development 
Act of 2018 (33 U.S.C. 579c–2), and the item relating to 
such section in the table of contents, are repealed. 
TITLE IV—WATER RESOURCES 
INFRASTRUCTURE 
SEC. 401. PROJECT AUTHORIZATIONS. 
The following projects for water resources development 
and conservation and other purposes, as identified in the 
reports titled ‘‘Report to Congress on Future Water Re-
sources Development’’ submitted to Congress pursuant to 
section 7001 of the Water Resources Reform and Develop-
ment Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed 
by Congress, are authorized to be carried out by the Sec-
retary substantially in accordance with the plans, and sub-
ject to the conditions, described in the respective reports or 
decision documents designated in this section: 
(1) NAVIGATION.— 
A. 
State 
B. 
Name 
C. 
Date of 
Report of 
Chief of 
Engineers 
D. 
Estimated 
Costs 
1. AK 
Port of Nome 
Modifications 
May 29, 
2020 
Federal: $378,908,000 
Non-Federal: $126,325,000 
Total: $505,233,000 
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3917 
A. 
State 
B. 
Name 
C. 
Date of 
Report of 
Chief of 
Engineers 
D. 
Estimated 
Costs 
2. AK 
St. George Harbor 
Improvement, 
St. George 
August 13, 
2020 
Federal: $147,874,000 
Non-Federal: $16,508,000 
Total: $164,382,000 
3. AK 
Unalaska (Dutch 
Harbor) Chan-
nels 
February 7, 
2020 
Federal: $26,967,000 
Non-Federal: $8,989,000 
Total: $35,956,000 
4. CT 
New Haven Har-
bor Navigation 
Improvement 
Project 
May 7, 2020 
Federal: $55,250,000 
Non-Federal: $19,442,000 
Total: $74,692,000 
5. NY, 
NJ 
New York and 
New Jersey 
Harbor Anchor-
ages 
April 23, 
2020 
Federal: $19,550,000 
Non-Federal: $6,520,000 
Total: $26,070,000 
6. TX 
Gulf Intracoastal 
Waterway, 
Brazos River 
Floodgates and 
Colorado River 
Locks 
October 23, 
2019 
Total: $414,144,000 
7. TX 
Houston Ship 
Channel Expan-
sion Channel 
Improvement 
Project, Harris, 
Chambers, and 
Galveston Coun-
ties 
April 23, 
2020 
Federal: $625,204,000 
Non-Federal: $260,431,000 
Total: $885,635,000 
8. TX 
Matagorda Ship 
Channel Im-
provement 
Project, Port 
Lavaca 
November 15, 
2019 
Federal: $140,156,000 
Non-Federal: $80,500,000 
Total: $220,656,000 
9. VA 
Atlantic Intra-
coastal Water-
way, North 
Landing Bridge 
Replacement 
August 25, 
2020 
Federal: $102,755,000 
Non-Federal: $0 
Total: $102,755,000 
(2) FLOOD RISK MANAGEMENT.— 
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3918 
A. 
State 
B. 
Name 
C. 
Date of 
Report of 
Chief of 
Engineers 
D. 
Estimated 
Costs 
1. AZ 
Little Colorado 
River at Wins-
low, Navajo 
County 
December 14, 
2018 
Federal: $54,260,000 
Non-Federal: $29,217,000 
Total: $83,477,000 
2. CA 
Westminster, East 
Garden Grove, 
California Flood 
Risk Manage-
ment 
July 9, 2020 
Federal: $324,905,000 
Non-Federal: $940,191,000 
Total: $1,265,096,000 
3. CT, 
NY 
Westchester Coun-
ty Streams, 
Byram River 
Basin, Fairfield 
County, Con-
necticut, and 
Westchester 
County, New 
York 
May 7, 2020 
Federal: $15,199,000 
Non-Federal: $15,199,000 
Total: $30,397,000 
4. KY 
Louisville Metro-
politan Flood 
Protection Sys-
tem Reconstruc-
tion, Jefferson 
and Bullitt 
Counties 
October 27, 
2020 
Federal: $122,170,000 
Non-Federal: $65,917,000 
Total: $188,087,000 
5. ND 
Souris River 
Basin Flood 
Risk Manage-
ment 
April 16, 
2019 
Federal: $59,582,915 
Non-Federal: $32,364,085 
Total: $91,947,000 
6. NJ 
Peckman River 
Basin 
April 29, 
2020 
Federal: $98,137,000 
Non-Federal: $52,843,000 
Total: $150,980,000 
7. NM 
Middle Rio 
Grande Flood 
Protection, 
Bernalillo to 
Belen 
March 13, 
2020 
Federal: $201,944,451 
Non-Federal: $108,740,000 
Total: $310,684,000 
8. OK 
Tulsa and West- 
Tulsa Levee 
System, Tulsa 
County 
April 23, 
2020 
Federal: $89,311,000 
Non-Federal: $48,091,000 
Total: $137,402,000 
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3919 
A. 
State 
B. 
Name 
C. 
Date of 
Report of 
Chief of 
Engineers 
D. 
Estimated 
Costs 
9. PR 
Rio Culebrinas at 
Aguiadilla and 
Aguada 
August 17, 
2020 
Federal: $17,295,600 
Non-Federal: $8,568,400 
Total: $25,864,000 
10. PR 
Rio Guayanilla 
Flood Risk 
Management, 
Guayanilla 
August 13, 
2020 
Federal: $103,422,000 
Non-Federal: $55,689,000 
Total: $159,111,000 
11. PR 
Rio Grande de 
Manati Flood 
Risk Manage-
ment, Ciales 
November 18, 
2020 
Federal: $9,770,000 
Non-Federal: $4,520,000 
Total: $14,290,000 
12. 
USVI 
Savan Gut, St. 
Thomas 
August 24, 
2020 
Federal: $48,658,100 
Non-Federal: $25,455,900 
Total: $74,114,000 
13. 
USVI 
Turpentine Run, 
St. Thomas 
August 17, 
2020 
Federal: $29,817,850 
Non-Federal: $15,311,150 
Total: $45,129,000 
(3) HURRICANE AND STORM DAMAGE RISK RE-
DUCTION.— 
A. 
State 
B. 
Name 
C. 
Date of 
Report of 
Chief of 
Engineers 
D. 
Estimated 
Costs 
1. DE 
Delaware Bene-
ficial Use of 
Dredged Mate-
rial for the 
Delaware River 
March 6, 
2020 
Initial Federal: $66,464,000 
Initial Non-Federal: 
$35,789,000 
Total: $102,253,000 
Renourishment Federal: 
$120,023,000 
Renourishment Non-Federal: 
$120,023,000 
Renourishment Total: 
$240,046,000 
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A. 
State 
B. 
Name 
C. 
Date of 
Report of 
Chief of 
Engineers 
D. 
Estimated 
Costs 
2. NJ 
New Jersey Bene-
ficial Use of 
Dredged Mate-
rial for the 
Delaware River 
April 8, 
2020 
Initial Federal: $84,071,000 
Initial Non-Federal: 
$45,270,000 
Total: $129,341,000 
Renourishment Federal: 
$85,495,000 
Renourishment Non-Federal: 
$85,495,000 
Renourishment Total: 
$170,990,000 
3. NJ 
Rahway River 
Basin, New Jer-
sey Coastal 
Storm Risk 
Management 
June 9, 2020 
Federal: $48,322,000 
Non-Federal: $26,020,000 
Total: $74,342,000 
4. NJ 
Raritan Bay and 
Sandy Hook 
Bay, Highlands 
August 25, 
2020 
Federal: $107,680,000 
Non-Federal: $57,981,000 
Total: $165,661,000 
5. NY 
East Rockaway 
Inlet to Rock-
away Inlet and 
Jamaica Bay, 
Atlantic Coast 
of New York 
August 22, 
2019 
Initial Federal: $638,460,000 
Initial Non-Federal: $0 
Total: $638,460,000 
Renourishment Federal: 
$200,924,000 
Renourishment Non-Federal: 
$200,924,000 
Renourishment Total: 
$401,847,000 
6. NY 
Fire Island Inlet 
to Montauk 
Point, New York 
Reformulation 
July 9, 2020 
Initial Federal: 
$1,576,790,000 
Initial Non-Federal: $0 
Total: $1,576,790,000 
Renourishment Federal: 
$767,695,000 
Renourishment Non-Federal: 
$767,695,000 
Renourishment Total: 
$1,535,390,000 
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A. 
State 
B. 
Name 
C. 
Date of 
Report of 
Chief of 
Engineers 
D. 
Estimated 
Costs 
7. NY 
Hashamomuck 
Cove Coastal 
Storm Risk 
Management 
December 9, 
2019 
Initial Federal: $11,920,000 
Initial Non-Federal: 
$6,418,000 
Total: $18,338,000 
Renourishment Federal: 
$24,237,000 
Renourishment Non-Federal: 
$24,237,000 
Renourishment Total: 
$48,474,000 
8. RI 
Pawcatuck River 
Coastal Storm 
Risk Manage-
ment Project 
December 19, 
2018 
Federal: $37,679,000 
Non-Federal: $20,289,000 
Total: $57,968,000 
9. VA 
Norfolk Coastal 
Storm Risk 
Management 
February 5, 
2019 
Federal: $942,920,000 
Non-Federal: $507,730,000 
Total: $1,450,650,000 
(4) FLOOD RISK MANAGEMENT AND ECOSYSTEM 
RESTORATION.— 
A. 
State 
B. 
Name 
C. 
Date of 
Report of 
Chief of 
Engineers 
D. 
Estimated 
Costs 
1. CO 
South Platte River 
and Tributaries, 
Adams and 
Denver Counties 
July 29, 
2019 
Federal: $344,076,000 
Non-Federal: $206,197,000 
Total: $550,273,000 
(5) ECOSYSTEM RESTORATION.— 
A. 
State 
B. 
Name 
C. 
Date of 
Report of 
Chief of 
Engineers 
D. 
Estimated 
Costs 
1. CA 
Delta Islands and 
Levees 
December 18, 
2018 
Federal: $17,251,000 
Non-Federal: $9,289,000 
Total: $26,540,000 
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3922 
A. 
State 
B. 
Name 
C. 
Date of 
Report of 
Chief of 
Engineers 
D. 
Estimated 
Costs 
2. CA 
Malibu Creek Eco-
system Restora-
tion, Los Ange-
les and Ventura 
Counties 
November 13, 
2020 
Federal: $172,249,000 
Non-Federal: $106,960,000 
Total: $279,209,000 
3. CA 
Yuba River Eco-
system Restora-
tion 
June 20, 
2019 
Federal: $66,975,000 
Non-Federal: $36,064,000 
Total: $103,039,000 
4. CO, 
NM, 
TX 
Rio Grande, Envi-
ronmental Man-
agement Pro-
gram, Sandia 
Pueblo to Isleta 
Pueblo, New 
Mexico, Eco-
system Restora-
tion 
August 5, 
2019 
Federal: $16,998,000 
Non-Federal: $9,153,000 
Total: $26,151,000 
5. FL 
Comprehensive Ev-
erglades Res-
toration Plan, 
Loxahatchee 
River Watershed 
Restoration 
Project, Martin 
and Palm Beach 
Counties 
April 8, 
2020 
Federal: $379,583,000 
Non-Federal: $375,737,000 
Total: $755,320,000 
6. IA, 
MO 
Grand River 
Basin Eco-
system Restora-
tion 
November 18, 
2020 
Federal: $78,876,000 
Non-Federal: $42,471,000 
Total: $121,347,000 
7. IL 
The Great Lakes 
and Mississippi 
River Interbasin 
Study - Bran-
don Road, Will 
County 
May 23, 
2019 
Federal: $557,730,550 
Non-Federal: $300,316,450 
Total: $858,047,000 
8. IL 
South Fork of the 
South Branch of 
the Chicago 
River, Bubbly 
Creek, Eco-
system Restora-
tion 
July 9, 2020 
Federal: $11,657,000 
Non-Federal: $6,277,000 
Total: $17,934,000 
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3923 
A. 
State 
B. 
Name 
C. 
Date of 
Report of 
Chief of 
Engineers 
D. 
Estimated 
Costs 
9. MD 
Anacostia Water-
shed Restora-
tion, Prince 
George’s County 
December 19, 
2018 
Federal: $25,866,750 
Non-Federal: $13,928,250 
Total: $39,795,000 
10. MO 
St. Louis 
Riverfront- 
Meramec River 
Basin Eco-
system Restora-
tion 
November 1, 
2019 
Federal: $61,362,893 
Non-Federal: $33,042,107 
Total: $94,405,000 
11. NY, 
NJ 
Hudson-Raritan 
Estuary Eco-
system Restora-
tion 
May 26, 
2020 
Federal: $273,933,000 
Non-Federal: $147,502,000 
Total: $421,435,000 
12. NY 
Hudson River 
Habitat Res-
toration 
November 19, 
2020 
Federal: $33,479,000 
Non-Federal: $11,159,000 
Total: $44,638,000 
13. TX 
Jefferson County 
Ecosystem Res-
toration 
September 
12, 2019 
Federal: $38,942,000 
Non-Federal: $20,969,000 
Total: $59,911,000 
(6) WATER SUPPLY.— 
A. 
State 
B. 
Name 
C. 
Date of 
Report of 
Chief of 
Engineers 
D. 
Estimated 
Costs 
1. OR 
Willamette River 
Basin Review 
Reallocation, 
December 18, 
2019 
Federal: $0 
Non-Federal: $0 
Total: $0 
(7) MODIFICATIONS AND OTHER PROJECTS.— 
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3924 
A. 
State 
B. 
Name 
C. 
Date of 
Decision 
Document 
D. 
Estimated 
Costs 
1. CA 
San Luis Rey 
Flood Control 
Project, San 
Diego County 
July 24, 
2020 
Federal: $143,407,500 
Non-Federal: $47,802,500 
Total: $191,210,000 
2. FL 
Caloosahatchee 
River West 
Basin Storage 
Reservoir (C-43 
WBSR) 
July 24, 
2020 
Federal: $514,999,000 
Non-Federal: $514,999,000 
Total: $1,029,998,000 
3. FL 
Central and 
Southern Flor-
ida, Canal 111 
(C-111) South 
Dade Project 
September 
15, 2020 
Federal: $66,736,500 
Non-Federal: $66,736,500 
Total: $133,473,000 
4. KY 
Kentucky Lock 
June 9, 2020 
Total: $1,166,809,000 
5. NC 
Carolina Beach 
Integrated 
Beach Re-
nourishment 
June 16, 
2020 
Federal: $25,125,000 
Non-Federal: $25,125,000 
Total: $50,250,000 
6. NC 
Wrightsville Beach 
July 2, 2020 
Federal: $60,068,000 
Non-Federal: $18,486,000 
Total: $78,554,000 
Renourishment Federal: 
$18,918,900 
Renourishment Non-Federal: 
$10,187,100 
Renourishment Total: 
$29,106,000 
7. TX 
Corpus Christi 
Ship Channel, 
Deepening and 
Widening and 
Barge Shelves 
May 4, 2020 
Federal: $406,343,000 
Non-Federal: $275,274,000 
Total: $681,617,000 
8. VA 
Atlantic Intra-
coastal Water-
way Deep Creek 
Bridge Replace-
ment 
October 19, 
2020 
Federal: $59,500,000 
Non-Federal: $0 
Total: $59,500,000 
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SEC. 402. SPECIAL RULES. 
(a) 
GREAT
LAKES
AND
MISSISSIPPI
RIVER 
INTERBASIN PROJECT, BRANDON ROAD, WILL COUNTY, IL-
LINOIS.—The Secretary shall carry out the project for eco-
system restoration, Great Lakes and Mississippi River 
Interbasin project, Brandon Road, Will County, Illinois, 
authorized by section 401 of this Act, substantially in ac-
cordance with the terms and conditions described in the Re-
port of the Chief of Engineers, dated May 23, 2019, with 
the following modifications: 
(1) The Federal share of the cost of construction 
shall be 80 percent. 
(2) The Secretary may include the addition or 
substitution of technologies or measures not described 
in the report, as the Secretary determines to be advis-
able. 
(b) EAST ROCKAWAY INLET TO ROCKAWAY INLET AND 
JAMAICA BAY REFORMULATION, NEW YORK.—The project 
for hurricane and storm damage reduction, East Rockaway 
Inlet to Rockaway Inlet and Jamaica Bay, Atlantic Coast 
of New York, authorized by section 401 of this Act, shall 
be considered to be a continuation of the interim response 
to the authorization by the House of Representatives dated 
September 20, 1997, and the authorization under the head-
ing ‘‘Department of the Army—Corps of Engineers— 
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3926 
Civil—Construction’’ under chapter 4 of title X of the Dis-
aster Relief Appropriations Act, 2013 (127 Stat. 24). 
(c) TULSA AND WEST-TULSA LEVEE SYSTEM, TULSA 
COUNTY, OKLAHOMA.—For the project for flood risk man-
agement, Tulsa and West-Tulsa Levee System, Tulsa Coun-
ty, Oklahoma, authorized by section 401 of this Act, the 
non-Federal contribution for the project shall be financed 
over a period of 30 years from the date of completion of 
the project, in accordance with section 103(k) of the Water 
Resources Development Act of 1986 (33 U.S.C. 2213(k)). 
(d) WILLAMETTE RIVER BASIN REVIEW REALLOCA-
TION STUDY.—The Secretary shall carry out the project for 
water supply, Willamette River Basin Review Reallocation, 
Oregon, authorized by section 401 of this Act, substantially 
in accordance with the terms and conditions described in 
the Report of the Chief of Engineers, dated December 18, 
2019, with the following modifications: 
(1) The Secretary shall meet the obligations of 
the Corps of Engineers under the Endangered Species 
Act of 1973 by complying with the June 2019 NMFS 
Willamette Basin Review Study Biological Opinion 
Reasonable and Prudent Alternative until such time, 
if any, as it is modified or replaced, in whole or in 
part, through the consultation process under section 
7(a) of the Endangered Species Act of 1973. 
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(2) The Secretary may reallocate not more than 
10 percent of overall storage in the joint conservation 
pool, as authorized by this Act and without further 
congressional action, if such reallocation is consistent 
with the ongoing consultation under section 7(a) of 
the Endangered Species Act of 1973 related to Wil-
lamette Valley System operations. 
(3) The Secretary shall ensure that the revised 
reallocation is not reallocated from a single storage 
use, does not seriously affect authorized project pur-
poses, and does not otherwise involve major oper-
ational changes to the project. 
(e) CANO MARTIN PENA, SAN JUAN, PUERTO RICO.— 
Section 5127 of the Water Resources Development Act of 
2007 (121 Stat. 1242) is amended by striking ‘‘ 
$150,000,000’’ and inserting ‘‘ $255,816,000’’. 
SEC. 403. AUTHORIZATION OF PROJECTS BASED ON FEASI-
BILITY STUDIES PREPARED BY NON-FEDERAL 
INTERESTS. 
(a) IN GENERAL.—The Secretary is authorized to 
carry out the following projects for water resources develop-
ment and conservation and other purposes, subject to sub-
section (b): 
(1) FORT
PIERCE, ST. LUCIE
COUNTY, FLOR-
IDA.—The project for hurricane and storm damage 
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3928 
reduction, Fort Pierce, St. Lucie County, Florida, as 
described in the review assessment of the Secretary, ti-
tled ‘‘Review Assessment of St. Lucie County, Florida 
Fort Pierce Shore Protection Project Section 203 Inte-
grated Feasibility Study and Environmental Assess-
ment (June 2018)’’ and dated July 2018, at a total 
cost of $33,107,639, and at an estimated total cost of 
$97,958,972 for periodic nourishment over the 50-year 
life of the project. 
(2) BAPTISTE COLLETTE BAYOU, LOUISIANA.— 
The project for navigation, Baptiste Collette Bayou, 
Louisiana, as described in the review assessment of 
the 
Secretary, 
titled 
‘‘Review 
Assessment 
of 
Plaquemines Parish Government’s Section 203 Study 
Baptiste Collette Bayou Navigation Channel Deep-
ening Project Integrated Feasibility Study and Envi-
ronmental Assessment (January 2017, Amended April 
2018)’’ and dated June 2018, at a total cost of 
$44,920,000. 
(3) HOUMA
NAVIGATION
CANAL, LOUISIANA.— 
The project for navigation, Houma Navigation Canal, 
Louisiana, as described in the review assessment of 
the Secretary, titled ‘‘Review Assessment of Houma 
Navigation Canal Deepening Project Section 203 In-
tegrated Feasibility Report and DRAFT Environ-
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3929 
mental Impact Statement (June 2018)’’ and dated 
July 2018, at a total cost of $253,458,000. 
(4) PORT
FOURCHON
BELLE
PASS
CHANNEL, 
LOUISIANA.—The 
project 
for 
navigation, 
Port 
Fourchon Belle Pass Channel, Louisiana, as described 
in the review assessment of the Secretary, titled ‘‘Re-
view Assessment of Port Fourchon Belle Pass Channel 
Deepening Project Section 203 Feasibility Study 
(January 2019, revised January 2020)’’ and dated 
April 2020, at a total cost of $95,483,000. 
(5) WILMINGTON HARBOR, NORTH CAROLINA.— 
The project for navigation, Wilmington Harbor, 
North Carolina, as described in the review assessment 
of the Secretary, titled ‘‘Review Assessment of Wil-
mington Harbor, North Carolina Navigation Im-
provement Project Integrated Section 203 Study & 
Environmental Report (February 2020)’’ and dated 
May 2020, at a total cost of $834,093,000. 
(6) CHACON
CREEK, TEXAS.—The project for 
flood risk management, ecosystem restoration, and 
other purposes, Chacon Creek, Texas, as described in 
the review assessment of the Secretary, titled ‘‘Review 
Assessment of Chacon Creek, Texas Section 203 Inte-
grated Feasibility Report and DRAFT Environ-
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mental Assessment (August 2018)’’ and dated Sep-
tember 2018, at a total cost of $51,973,000. 
(b) REQUIREMENTS.—The Secretary may only carry 
out a project authorized under subsection (a)— 
(1) substantially in accordance with the applica-
ble review assessment for the project submitted by the 
Secretary under section 203(c) of the Water Resources 
Development Act of 1986, as identified in subsection 
(a) of this section, and subject to such modifications 
or conditions as the Secretary considers appropriate 
and identifies in a final assessment that addresses the 
concerns, recommendations, and conditions identified 
by the Secretary in the applicable review assessment; 
and 
(2) after the Secretary transmits to the Com-
mittee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Envi-
ronment and Public Works of the Senate such final 
assessment. 
TITLE V—OTHER MATTERS 
SEC. 501. UPDATE ON INVASIVE SPECIES POLICY GUID-
ANCE. 
(a) IN GENERAL.—The Secretary shall periodically 
update the Invasive Species Policy Guidance, developed 
under section 104 of the River and Harbor Act of 1958 (33 
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3931 
U.S.C. 610) and the Nonindigenous Aquatic Nuisance Pre-
vention and Control Act of 1990 (16 U.S.C. 4701 et seq.), 
in accordance with the most recent National Invasive Spe-
cies Council Management Plan developed pursuant to Exec-
utive Order 13112. 
(b) INCLUSION.—The Secretary may include in the up-
dated guidance invasive species specific efforts at federally 
authorized water resources development projects located 
in— 
(1) high-altitude lakes; and 
(2) the Tennessee and Cumberland River basins. 
SEC. 502. AQUATIC INVASIVE SPECIES RESEARCH. 
Section 1108 of the Water Resources Development Act 
of 2018 (33 U.S.C. 2263a) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘management’’ and insert-
ing ‘‘prevention, management,’’; and 
(B) by inserting ‘‘, elodea, quagga mussels,’’ 
after ‘‘Asian carp’’; and 
(2) in subsection (b)— 
(A) by inserting ‘‘or could be impacted in 
the future’’ after ‘‘impacted’’; and 
(B) by striking ‘‘Pacific’’ and all that fol-
lows through the period at the end and inserting 
‘‘Pacific, Arctic, and Gulf Coasts, the Great 
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3932 
Lakes, and reservoirs operated and maintained 
by the Secretary.’’. 
SEC. 503. TERRESTRIAL NOXIOUS WEED CONTROL PILOT 
PROGRAM. 
(a) IN GENERAL.—The Secretary shall carry out a 
pilot program, in consultation with the Federal Interagency 
Committee for the Management of Noxious and Exotic 
Weeds, to identify and develop new and improved strategies 
for terrestrial noxious weed control on Federal land under 
the jurisdiction of the Secretary. 
(b) PARTNERSHIPS.—In carrying out the pilot pro-
gram under subsection (a), the Secretary shall act in part-
nership with such other individuals and entities as the Sec-
retary determines to be appropriate. 
(c) COOPERATIVE AGREEMENTS.—The Secretary may 
utilize cooperative agreements with county and State agen-
cies for the implementation of the pilot program under sub-
section (a). 
(d) REPORT TO CONGRESS.—Not later than 2 years 
after the date of enactment of this Act, the Secretary shall 
provide to the Committee on Environment and Public 
Works of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives a report 
describing the new and improved strategies developed 
through the pilot program under subsection (a). 
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3933 
SEC. 
504. 
INVASIVE 
SPECIES 
RISK 
ASSESSMENT, 
PRIORITIZATION, AND MANAGEMENT. 
Section 528(f)(2) of the Water Resources Development 
Act of 1996 (110 Stat. 3771) is amended— 
(1) by redesignating subparagraphs (I) and (J) 
as subparagraphs (J) and (K), respectively; 
(2) by inserting after subparagraph (H) the fol-
lowing: 
‘‘(I) shall, using existing amounts appro-
priated to the Task Force, develop and update, 
as appropriate, a priority list of invasive species 
that— 
‘‘(i) reflects an assessment of ecological 
risk that the listed invasive species rep-
resent; 
‘‘(ii) includes populations of invasive 
plants and animals that— 
‘‘(I) are significantly impacting 
the structure and function of ecological 
communities, native species, or habitat 
within the South Florida ecosystem; or 
‘‘(II) demonstrate a strong poten-
tial to reduce, obscure, or otherwise 
alter key indicators used to measure 
Everglades restoration progress; and 
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‘‘(iii) shall be used by the Task Force 
and agencies and entities represented on the 
Task Force to focus cooperative and collabo-
rative efforts— 
‘‘(I) to guide applied research; 
‘‘(II) to develop innovative strate-
gies and tools to facilitate improved 
management, control, or eradication of 
listed invasive species; 
‘‘(III) to implement specific man-
agement, control, or eradication activi-
ties at the appropriate periodicity and 
intensity necessary to reduce or neu-
tralize the impacts of listed invasive 
species, including the use of qualified 
skilled volunteers when appropriate; 
and 
‘‘(IV) to develop innovative strate-
gies and tools to prevent future intro-
ductions of nonnative species;’’; 
(3) in subparagraph (J) (as so redesignated), by 
striking ‘‘ecosystem’’ and inserting ‘‘ecosystem, in-
cluding the activities described in subparagraph (I)’’; 
and 
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(4) in clause (i) of subparagraph (K) (as so re-
designated), by inserting ‘‘, including the priority list 
under subparagraph (I) and the activities described 
in that subparagraph’’ after ‘‘Task Force’’. 
SEC. 505. INVASIVE SPECIES MITIGATION AND REDUCTION. 
Section 104 of the River and Harbor Act of 1958 (33 
U.S.C. 610) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1)— 
(i) in the matter preceding subpara-
graph 
(A), 
by 
striking 
‘‘this 
section 
$110,000,000’’ and inserting ‘‘this section 
(except 
for 
subsections 
(f) 
and 
(g)) 
$130,000,000’’; 
(ii) in subparagraph (B), by striking 
‘‘and’’ at the end; 
(iii) in subparagraph (C), by striking 
the period at the end and inserting a semi-
colon; and 
(iv) by adding at the end the following: 
‘‘(D) $30,000,000 shall be made available to 
carry out subsection (d)(1)(A)(iv); and 
‘‘(E) $10,000,000 shall be made available to 
carry out subsection (d)(1)(A)(v).’’; 
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(B) by redesignating paragraph (2) as 
paragraph (3); 
(C) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) OTHER PROGRAMS.— 
‘‘(A) IN GENERAL.—There are authorized to 
be appropriated— 
‘‘(i) $10,000,000 for each of fiscal 
years 2021 through 2024 to carry out sub-
section (f); and 
‘‘(ii) $50,000,000 for each of fiscal 
years 2021 through 2024 to carry out sub-
section (g)(2). 
‘‘(B) INVASIVE PLANT SPECIES PILOT PRO-
GRAM.—There is authorized to be appropriated 
to the Secretary of the Interior, acting through 
the Director of the United States Fish and Wild-
life Service, $10,000,000 to carry out subsection 
(g)(3).’’; and 
(D) in paragraph (3) (as so redesignated), 
by inserting ‘‘or (2)(A)’’ after ‘‘paragraph (1)’’; 
(2) in subsection (d)— 
(A) in the subsection heading, by inserting 
‘‘AND DECONTAMINATION’’ after ‘‘INSPECTION’’; 
(B) in paragraph (1)— 
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(i) in subparagraph (A)— 
(I) in the subparagraph heading, 
by inserting ‘‘AND DECONTAMINATION’’ 
after ‘‘INSPECTION’’; 
(II) in clause (ii), by striking 
‘‘and’’ at the end; 
(III) in clause (iii), by striking 
‘‘Arizona River Basins.’’ and inserting 
‘‘Arkansas River Basins;’’; and 
(IV) by adding at the end the fol-
lowing: 
‘‘(iv) to protect the Russian River 
Basin, California; and 
‘‘(v) to protect basins and watersheds 
that adjoin an international border between 
the United States and Canada.’’; and 
(ii) by striking subparagraph (B) and 
inserting the following: 
‘‘(B) 
LOCATIONS.—The 
Secretary 
shall 
place watercraft inspection and decontamination 
stations under subparagraph (A) at locations 
with the highest likelihood of preventing the 
spread of aquatic invasive species into and out 
of waters of the United States, as determined by 
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the Secretary in consultation with the Governors 
and entities described in paragraph (3).’’; 
(C) in paragraph (3)(A), by striking ‘‘(iii)’’ 
and inserting ‘‘(v)’’; and 
(D) by striking ‘‘watercraft inspection sta-
tions’’ each place it appears and inserting 
‘‘watercraft inspection and decontamination sta-
tions’’; and 
(3) by adding at the end the following: 
‘‘(f) INVASIVE SPECIES MANAGEMENT PILOT PRO-
GRAM.— 
‘‘(1) DEFINITION OF INVASIVE SPECIES.—In this 
subsection, the term ‘invasive species’ has the meaning 
given the term in section 1 of Executive Order 13112 
(64 Fed. Reg. 6183; relating to invasive species (Feb-
ruary 3, 1999)) (as amended by section 2 of Execu-
tive Order 13751 (81 Fed. Reg. 88609; relating to 
safeguarding the Nation from the impacts of invasive 
species (December 5, 2016))). 
‘‘(2) DEVELOPMENT OF PLANS.—The Secretary, 
in coordination with the Aquatic Nuisance Species 
Task Force, shall carry out a pilot program under 
which the Secretary shall collaborate with States in 
the Upper Missouri River Basin in developing vol-
untary aquatic invasive species management plans to 
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mitigate the effects of invasive species on public infra-
structure facilities located on reservoirs of the Corps 
of Engineers in those States. 
‘‘(3) MANAGEMENT PLAN.— 
‘‘(A) IN GENERAL.—The Secretary, in con-
sultation with the Governor of each State in the 
Upper Missouri River Basin that elects to par-
ticipate in the pilot program, shall prepare a 
management plan, or update or expand an exist-
ing plan, for each participating State that iden-
tifies public infrastructure facilities located on 
reservoirs of the Corps of Engineers in those 
States that— 
‘‘(i) are affected by aquatic invasive 
species; and 
‘‘(ii) need financial and technical as-
sistance in order to maintain operations. 
‘‘(B) USE OF EXISTING PLANS.—In devel-
oping a management plan under subparagraph 
(A), the Secretary shall consider a management 
plan submitted by a participating State under 
section 1204(a) of the Nonindigenous Aquatic 
Nuisance Prevention and Control Act of 1990 
(16 U.S.C. 4724(a)). 
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‘‘(4) TERMINATION OF AUTHORITY.—The author-
ity provided under this subsection shall terminate on 
September 30, 2024. 
‘‘(g) INVASIVE SPECIES PREVENTION, CONTROL, AND 
ERADICATION.— 
‘‘(1) DEFINITION OF INVASIVE SPECIES.—In this 
subsection, the term ‘invasive species’ has the meaning 
given the term in section 1 of Executive Order 13112 
(64 Fed. Reg. 6183; relating to invasive species (Feb-
ruary 3, 1999)) (as amended by section 2 of Execu-
tive Order 13751 (81 Fed. Reg. 88609; relating to 
safeguarding the Nation from the impacts of invasive 
species (December 5, 2016))). 
‘‘(2) INVASIVE SPECIES PARTNERSHIPS.— 
‘‘(A) IN
GENERAL.—The Secretary may 
enter into partnerships with applicable States 
and other Federal agencies to carry out actions 
to prevent the introduction of, control, or eradi-
cate, to the maximum extent practicable, 
invasive species that adversely impact water 
quantity or water quality in the Platte River 
Basin, the Upper Colorado River Basin, the 
Upper Snake River Basin, and the Upper Mis-
souri River Basin. 
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‘‘(B) PRIORITIZATION.—In selecting actions 
to carry out under a partnership under subpara-
graph (A), the Secretary shall give priority to 
projects that are intended to control or eradicate 
the Russian olive (Elaeagnus angustifolia) or 
saltcedar (of the genus Tamarix). 
‘‘(3) INVASIVE
PLANT
SPECIES
PILOT
PRO-
GRAM.— 
‘‘(A) DEFINITIONS.—In this paragraph: 
‘‘(i) ELIGIBLE ENTITY.—The term ‘eli-
gible entity’ means a partnership between 
or among 2 or more entities that— 
‘‘(I) includes— 
‘‘(aa) at least 1 flood control 
district; and 
‘‘(bb) at least 1 city, county, 
township, town, borough, parish, 
village, or other general purpose 
political subdivision of a State or 
Indian Tribe (as defined in sec-
tion 4 of the Indian Self-Deter-
mination and Education Assist-
ance Act (25 U.S.C. 5304)); and 
‘‘(II) may include any other enti-
ty (such as a nonprofit organization or 
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institution of higher education), as de-
termined by the Secretary. 
‘‘(ii) INVASIVE
PLANT
SPECIES.—The 
term ‘invasive plant species’ means a plant 
that is nonnative to the ecosystem under 
consideration, the introduction of which 
causes or is likely to cause economic harm 
or harm to human health. 
‘‘(B) PILOT
PROGRAM.—The Secretary of 
the Interior, acting through the Director of the 
United States Fish and Wildlife Service, shall es-
tablish a pilot program under which such Sec-
retary shall work with eligible entities to carry 
out activities— 
‘‘(i) to remove invasive plant species in 
riparian areas that contribute to drought 
conditions in— 
‘‘(I) the Lower Colorado River 
Basin; 
‘‘(II) 
the 
Rio 
Grande 
River 
Basin; 
‘‘(III) 
the 
Texas 
Gulf 
Coast 
Basin; and 
‘‘(IV) 
the 
Arkansas-White-Red 
Basin; 
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‘‘(ii) where appropriate, to replace the 
invasive plant species described in clause (i) 
with ecologically suitable native species; and 
‘‘(iii) to maintain and monitor ripar-
ian areas in which activities are carried out 
under clauses (i) and (ii). 
‘‘(C) REPORT
TO
CONGRESS.—Not later 
than 18 months after the date of enactment of 
this subsection, the Secretary of the Interior, act-
ing through the Director of the United States 
Fish and Wildlife Service, shall submit to the 
Committee on Environment and Public Works of 
the Senate and the Committee on Transportation 
and Infrastructure of the House of Representa-
tives a report describing the implementation of 
the pilot program. 
‘‘(D) TERMINATION
OF
AUTHORITY.—The 
authority provided under this paragraph shall 
terminate on September 30, 2024. 
‘‘(4) COST SHARE.—The Federal share of an ac-
tion carried out under a partnership under para-
graph (2) or an activity carried out under the pilot 
program under paragraph (3) shall not exceed 80 per-
cent of the total cost of the action or activity.’’. 
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SEC. 506. AQUATIC INVASIVE SPECIES PREVENTION. 
Section 1039(b) of the Water Resources Reform and 
Development Act of 2014 (16 U.S.C. 4701 note) is amend-
ed— 
(1) in paragraph (1)— 
(A) in the paragraph heading, by striking 
‘‘UPPER
MISSISSIPPI
AND
OHIO
RIVER
BASINS 
AND TRIBUTARIES’’ and inserting ‘‘MISSISSIPPI 
RIVER
AND
TRIBUTARIES, INCLUDING
SUB-BA-
SINS’’; 
(B) in subparagraph (A), by striking 
‘‘Upper Mississippi and Ohio River basins and 
tributaries’’ and inserting ‘‘Mississippi River 
and tributaries, including the 6 sub-basins of the 
River,’’; and 
(C) in subparagraph (B), by striking ‘‘and 
the document prepared’’ and all that follows 
through ‘‘February 2012.’’ and inserting ‘‘the 
Mississippi River Basin Asian Carp Control 
Strategy Framework, and the Asian Carp Re-
gional Coordinating Committee’s Asian Carp 
Action Plan.’’; and 
(2) in paragraph (2)— 
(A) in subparagraph (A)— 
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(i) by striking ‘‘December 31 of each 
year’’ and inserting ‘‘December 31, 2020, 
and biennially thereafter’’; and 
(ii) by striking ‘‘Upper Mississippi 
and Ohio River basins and tributaries’’ and 
inserting ‘‘Mississippi River and tribu-
taries, including the 6 sub-basins of the 
River’’; and 
(B) in subparagraph (B)— 
(i) in clause (i), by striking ‘‘Upper 
Mississippi and Ohio River basins and trib-
utaries’’ and inserting ‘‘Mississippi River 
and tributaries, including the 6 sub-basins 
of the River,’’; and 
(ii) in clause (ii), by striking ‘‘Upper 
Mississippi and Ohio River basins and trib-
utaries’’ and inserting ‘‘Mississippi River 
and tributaries, including the 6 sub-basins 
of the River’’. 
SEC. 507. INVASIVE SPECIES IN ALPINE LAKES PILOT PRO-
GRAM. 
(a) ESTABLISHMENT.—The Secretary of the Interior, 
acting through the Director of the United States Fish and 
Wildlife Service, shall establish a pilot program (referred 
to in this section as the ‘‘pilot program’’) to develop and 
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carry out effective measures necessary to prevent, control, 
or eradicate aquatic invasive species in alpine lakes that 
are not located within a unit of the National Park System. 
(b) PARTNERSHIPS.—The Secretary of the Interior, 
acting through the Director of the United States Fish and 
Wildlife Service, shall offer to enter into a partnership to 
carry out the pilot program with— 
(1) any relevant partnering Federal agency; and 
(2) any relevant compact agency organized with 
the consent of Congress under article I, section 10 of 
the Constitution of the United States. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out the pilot pro-
gram $25,000,000 for the period of fiscal years 2022 
through 2024. 
SEC. 508. MURDER HORNET ERADICATION PILOT PROGRAM. 
(a) GRANT AUTHORITY.—The Secretary of the Inte-
rior, acting through the Director of the Fish and Wildlife 
Service, and in consultation with all relevant Federal agen-
cies, shall establish a pilot program to provide financial 
assistance to States for management, research, and public 
education activities necessary to— 
(1) eradicate the Asian giant hornet; and 
(2) restore bee populations damaged by the Asian 
giant hornet. 
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(b) ELIGIBILITY.—A State is eligible to receive finan-
cial assistance under this section if the State has dem-
onstrated to the Secretary of the Interior sufficient need to 
implement measures to eradicate the Asian giant hornet. 
(c) COST SHARING.— 
(1) FEDERAL SHARE.—The Federal share of the 
costs of activities carried out under the pilot program 
may not exceed 75 percent of the total costs of such 
activities. 
(2) IN-KIND CONTRIBUTIONS.—The non-Federal 
share of the costs of activities carried out under the 
pilot program may be provided in the form of in-kind 
contributions of materials or services. 
(d) LIMITATION ON ADMINISTRATIVE EXPENSES.—Not 
more than 5 percent of financial assistance provided by the 
Secretary of the Interior under this section may be used 
for administrative expenses. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary of the Inte-
rior to carry out the pilot program $4,000,000 for each of 
fiscal years 2021 through 2025. 
(f) DEFINITIONS.—In this section: 
(1) ASIAN
GIANT
HORNET.—The term ‘‘Asian 
giant hornet’’ means a Vespa mandarinia. 
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(2) STATE.—The term ‘‘State’’ means each of the 
several States, the District of Columbia, and the terri-
tories and insular possessions of the United States. 
(g) SUNSET.—The authority under this section shall 
terminate on the date that is 5 years after the date of enact-
ment of this Act. 
SEC. 509. ASIAN CARP PREVENTION AND CONTROL PILOT 
PROGRAM. 
(a) CORPS OF ENGINEERS ASIAN CARP PREVENTION 
PILOT PROGRAM.— 
(1) IN GENERAL.—The Secretary, in conjunction 
with the Tennessee Valley Authority and other rel-
evant Federal agencies, shall carry out an Asian carp 
prevention pilot program to carry out projects to 
manage and prevent the spread of Asian carp using 
innovative technologies, methods, and measures. 
(2) PROJECT SELECTION.— 
(A) LOCATION.—Each project under the 
pilot program shall be carried out in a river sys-
tem or reservoir in the Cumberland River Water-
shed or Tennessee River Watershed in which 
Asian carp populations are expanding or have 
been documented. 
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(B) CONSULTATION.—In selecting projects 
to carry out under the pilot program, the Sec-
retary shall consult with— 
(i) applicable Federal, State, and local 
agencies; 
(ii) institutions of higher education; 
and 
(iii) relevant private organizations, in-
cluding nonprofit organizations. 
(C) LIMITATIONS.— 
(i) NUMBER OF PROJECTS.—The Sec-
retary may select not more than 10 projects 
to carry out under the pilot program. 
(ii) DEADLINE.—Not later than Sep-
tember 30, 2024, the Secretary shall com-
plete projects selected to be carried out 
under the pilot program. 
(3) BEST PRACTICES.—In carrying out the pilot 
program, to the maximum extent practicable, the Sec-
retary shall consider existing best practices, such as 
those described in the document of the Asian Carp 
Working Group of the Aquatic Nuisance Species Task 
Force entitled ‘‘Management and Control Plan for 
Bighead, Black, Grass, and Silver Carps in the 
United States’’ and dated November 2007. 
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(4) COST-SHARE.— 
(A) IN GENERAL.—The Federal share of the 
costs of a project carried out under the program 
may not exceed 75 percent of the total costs of 
the project. 
(B) OPERATION, MAINTENANCE, REHABILI-
TATION, AND REPAIR.—After the completion of a 
project under the pilot program, the Federal 
share of the costs for operation, maintenance, re-
habilitation, and repair of the project shall be 
100 percent. 
(5) MEMORANDUM OF AGREEMENT.—For projects 
carried out in reservoirs owned or managed by the 
Tennessee Valley Authority, the Secretary and the 
Tennessee Valley Authority shall execute a memo-
randum of agreement establishing the framework for 
a partnership and the terms and conditions for shar-
ing expertise and resources. 
(6) PAYMENTS.—The Secretary is authorized to 
accept and expend funds from the Tennessee Valley 
Authority to complete any work under this section at 
a reservoir owned or managed by the Tennessee Valley 
Authority. 
(7) REPORT.—Not later than 2 years after the 
date of enactment of this Act, and 2 years thereafter, 
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3951 
the Secretary shall submit to Congress a report de-
scribing the results of the pilot program, including an 
analysis of the effectiveness of the innovative tech-
nologies, methods, and measures used in projects car-
ried out under the pilot program at preventing the 
spread, or managing the eradicating of, Asian carp. 
(8) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this subsection $25,000,000, to remain available until 
expended. 
(b) FISH AND WILDLIFE SERVICE ASIAN CARP ERADI-
CATION PROGRAM.— 
(1) ESTABLISHMENT.—The Secretary of the Inte-
rior, acting through the Director of the United States 
Fish and Wildlife Service, shall establish a program 
to provide financial assistance to States to implement 
measures, including for management, research, and 
public education activities, necessary to eradicate the 
Asian carp. 
(2) ELIGIBILITY.—A State is eligible to receive 
financial assistance under this subsection if such 
State has demonstrated to the Secretary of the Inte-
rior sufficient need to implement measures to eradi-
cate the Asian carp. 
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(3) PRIORITY.—In providing financial assist-
ance under the program, the Secretary of the Interior 
shall give priority to States in the Cumberland River 
Watershed or the Tennessee River Watershed in which 
Asian carp populations are expanding or have been 
documented. 
(4) COST SHARING.— 
(A) FEDERAL SHARE.—The Federal share 
of the costs of activities carried out under the 
program may not exceed 80 percent of the total 
costs of such activities. 
(B) IN-KIND
CONTRIBUTIONS.—The non- 
Federal share of the costs of activities carried out 
under the program may be provided in the form 
of in-kind contributions of materials or services. 
(5) 
LIMITATION
ON
ADMINISTRATIVE
EX-
PENSES.—Not more than 5 percent of financial as-
sistance provided by the Secretary of the Interior 
under this subsection may be used for administrative 
expenses. 
(6) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Sec-
retary of the Interior to carry out this subsection 
$4,000,000 for each of fiscal years 2021 through 2025. 
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SEC. 510. INVASIVE SPECIES IN NONCONTIGUOUS STATES 
AND TERRITORIES PILOT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of the Interior, 
acting through the Director of the United States Fish and 
Wildlife Service, shall establish a pilot program to carry 
out measures necessary to prevent, control, or eradicate 
invasive species in culturally significant forested water-
sheds in noncontiguous States and territories of the United 
States in which the Corps of Engineers is carrying out flood 
risk management projects. 
(b) IMPLEMENTATION.—The Secretary of the Interior, 
acting through the Director of the United States Fish and 
Wildlife Service, is encouraged to carry out the measures 
described in subsection (a) in consultation with— 
(1) States, any territory or possession of the 
United States, and units of local government, includ-
ing federally recognized Indian Tribes (as defined in 
section 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304)); and 
(2) nonprofit organizations with knowledge of, 
and experience in, forested watershed management, 
including nonprofit organizations with a primary 
purpose of serving and partnering with indigenous 
communities. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out the pilot pro-
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gram under subsection (a) $25,000,000 for the period of fis-
cal years 2022 through 2024. 
SEC. 511. SOIL MOISTURE AND SNOWPACK MONITORING. 
(a) INSTALLATION OF NETWORK.— 
(1) IN GENERAL.—In accordance with the activi-
ties required under section 4003(a) of the Water Re-
sources Reform and Development Act of 2014 (128 
Stat. 1310; 130 Stat. 1676), and to support the goals 
of the Weather Research and Forecasting Innovation 
Act of 2017 (Public Law 115–25) and the National 
Integrated Drought Information System Reauthoriza-
tion Act of 2018 (Public Law 115–423), the Sec-
retary, in coordination with the Administrator of the 
National Oceanic and Atmospheric Administration 
(referred to in this section as the ‘‘Administrator’’), 
the Chief of the Natural Resources Conservation Serv-
ice, the Director of the United States Geological Sur-
vey, and the Commissioner of Reclamation, shall con-
tinue installation of a network of soil moisture and 
plains snowpack monitoring stations, and modifica-
tion of existing stations, in the Upper Missouri River 
Basin. 
(2) REQUIREMENTS.—In carrying out installa-
tion and modification activities under paragraph (1), 
the Secretary— 
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(A) may continue to enter into agreements, 
including cooperative agreements, with State 
mesonet programs for purposes of installing new 
stations or modifying existing stations; 
(B) shall transfer ownership and all respon-
sibilities for operation and maintenance of new 
stations to the respective State mesonet program 
for the State in which the monitoring station is 
located on completion of installation of the sta-
tion; and 
(C) shall establish, in consultation with the 
Administrator, requirements and standards for 
the installation of new stations and modification 
of existing stations to ensure seamless data inte-
gration into— 
(i) the National Mesonet Program; 
(ii) the National Coordinated Soil 
Moisture Network; and 
(iii) other relevant networks. 
(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this subsection, in addition to any other funds au-
thorized to be appropriated for the installation of a 
network of soil moisture and plains snowpack moni-
toring stations or the modification of existing stations 
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in the Upper Missouri River Basin, $7,000,000 for 
each of fiscal years 2021 through 2025. 
(b) SOIL MOISTURE
AND SNOWPACK MONITORING 
PILOT PROGRAM.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, the Adminis-
trator shall establish within the National Mesonet 
Program a pilot program for the acquisition and use 
of data generated by the network described in sub-
section (a). 
(2) REQUIREMENTS.—In establishing the pilot 
program under paragraph (1), the Administrator 
shall— 
(A) enter into agreements with State 
mesonet programs in the Upper Missouri River 
Basin to acquire data generated by the network 
described in subsection (a) that— 
(i) are similar to the agreements in ef-
fect as of the date of the enactment of this 
Act with States under the National Mesonet 
Program; and 
(ii) allow for sharing of data with 
other Federal agencies and with institutions 
engaged in federally supported research, in-
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cluding the United States Drought Monitor, 
as appropriate and feasible; 
(B) in coordination with the Secretary, the 
Chief of the Natural Resources Conservation 
Service, the Director of the United States Geo-
logical Survey, and the Commissioner of Rec-
lamation, gather data from the operation of the 
network to inform ongoing efforts of the National 
Oceanic and Atmospheric Administration in 
support of— 
(i) the National Integrated Drought 
Information System, including the National 
Coordinated Soil Moisture Network; 
(ii) the United States Drought Mon-
itor; 
(iii) the National Water Model and 
other relevant national modeling efforts; 
(iv) validation, verification, and cali-
bration of satellite-based, in situ, and other 
remote sensing activities and output prod-
ucts; 
(v) flood risk and water resources mon-
itoring initiatives by the Secretary and the 
Commissioner; and 
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(vi) any other programs or initiatives 
the Administrator considers appropriate; 
(C) at the request of State mesonet pro-
grams, or as the Administrator considers appro-
priate, provide technical assistance to such pro-
grams under the pilot program under paragraph 
(1) to ensure proper data requirements; and 
(D) ensure an appropriate mechanism for 
quality control and quality assurance is em-
ployed for the data acquired under the pilot pro-
gram, such as the Meteorological Assimilation 
Data Ingest System. 
(3) STUDY REQUIRED.— 
(A) IN GENERAL.—Not later than 1 year 
after the date of the enactment of this Act, the 
Administrator shall initiate a study of the pilot 
program required by paragraph (1) to evaluate 
the data generated by the network described in 
subsection (a) and the applications of that data 
to programs and initiatives described in para-
graph (2)(B). 
(B) ELEMENTS.—The study required by 
subparagraph (A) shall include an assessment 
of— 
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(i) the contribution of the soil mois-
ture, snowpack, and other relevant data 
generated by the network described in sub-
section (a) to weather, subseasonal and sea-
sonal, and climate forecasting products on 
the local, regional, and national levels; 
(ii) the enhancements made to the Na-
tional Integrated Drought Information Sys-
tem, the National Water Model, and the 
United States Drought Monitor, and other 
relevant national modeling efforts, using 
data and derived data products generated 
by the network; 
(iii) the contribution of data generated 
by the network to remote sensing products 
and approaches; 
(iv) the viability of the ownership and 
operational structure of the network; and 
(v) any other matters the Adminis-
trator considers appropriate, in coordina-
tion with the Secretary, the Chief of the 
Natural Resources Conservation Service, the 
Director of the United States Geological 
Survey, and the Commissioner of Reclama-
tion. 
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(4) REPORT REQUIRED.—Not later than 4 years 
after the date of the enactment of this Act, the Admin-
istrator shall submit to the appropriate congressional 
committees a report— 
(A) setting forth the findings of the study 
required by paragraph (3); and 
(B) making recommendations based on 
those findings to improve weather, subseasonal, 
seasonal, and climate monitoring nationally. 
(5) 
GOVERNMENT
ACCOUNTABILITY
OFFICE 
AUDIT.— 
(A) IN GENERAL.—Not later than 60 days 
after the report required by paragraph (4) is 
submitted, the Comptroller General of the United 
States shall initiate an audit to evaluate that re-
port and determine whether— 
(i) the Administrator, in conducting 
the pilot program under paragraph (1), has 
utilized the relevant data generated by the 
network described in subsection (a) in the 
manner most beneficial to the programs and 
initiatives described in paragraph (2)(B); 
(ii) the acquisition agreements entered 
into under paragraph (2)(A) with State 
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mesonet programs fully comply with the re-
quirements of that paragraph; and 
(iii) the heads of other agencies, in-
cluding the Secretary, the Chief of the Nat-
ural Resources Conservation Service, the 
Director of the United States Geological 
Survey, and the Commissioner of Reclama-
tion, are utilizing the data generated by the 
network to better inform and improve the 
missions of those agencies. 
(B) REPORT
REQUIRED.—Not later than 
270 days after initiating the audit required by 
subparagraph (A), the Comptroller General shall 
submit to the appropriate congressional commit-
tees a report setting forth the findings of the 
audit. 
(6) APPROPRIATE CONGRESSIONAL COMMITTEES 
DEFINED.—In this subsection, the term ‘‘appropriate 
congressional committees’’ means— 
(A) the Committee on Commerce, Science, 
and Transportation, the Committee on Environ-
ment and Public Works, and the Committee on 
Energy and Natural Resources of the Senate; 
and 
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(B) the Committee on Transportation and 
Infrastructure, the Committee on Science, Space, 
and Technology, and the Committee on Natural 
Resources of the House of Representatives. 
SEC. 512. GREAT LAKES ST. LAWRENCE SEAWAY DEVELOP-
MENT CORPORATION. 
(a) RENAMING THE SAINT LAWRENCE SEAWAY DE-
VELOPMENT CORPORATION.—The Act of May 13, 1954 (33 
U.S.C. 981 et seq.) is amended— 
(1) in section 1 (33 U.S.C. 981), by striking 
‘‘Saint Lawrence Seaway Development Corporation’’ 
and inserting ‘‘Great Lakes St. Lawrence Seaway De-
velopment Corporation’’; and 
(2) in section 2(b) (33 U.S.C. 982(b)), by strik-
ing ‘‘Saint Lawrence Seaway Development Corpora-
tion’’ and inserting ‘‘Great Lakes St. Lawrence Sea-
way Development Corporation’’. 
(b) REFERENCES.—Any reference to the Saint Law-
rence Seaway Development Corporation in any law, regula-
tion, document, record, Executive order, or other paper of 
the United States shall be deemed to be a reference to the 
Great Lakes St. Lawrence Seaway Development Corpora-
tion. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.— 
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(1) TITLE 5.—Section 5315 of title 5, United 
States Code, is amended by striking ‘‘Saint Lawrence 
Seaway Development Corporation’’ and inserting 
‘‘Great Lakes St. Lawrence Seaway Development Cor-
poration’’. 
(2) TITLE 18.—Section 2282B of title 18, United 
States Code, is amended by striking ‘‘Saint Lawrence 
Seaway Development Corporation’’ and inserting 
‘‘Great Lakes St. Lawrence Seaway Development Cor-
poration’’. 
(3) 
INTERNAL
REVENUE
CODE.—Section 
9505(a)(2) of the Internal Revenue Code of 1986 (26 
U.S.C. 9505(a)(2)) is amended by striking ‘‘Saint 
Lawrence Seaway Development Corporation’’ and in-
serting ‘‘Great Lakes St. Lawrence Seaway Develop-
ment Corporation’’. 
(4) TITLE 31.—Section 9101(3)(K) of title 31, 
United States Code, is amended by striking ‘‘Saint 
Lawrence Seaway Development Corporation’’ and in-
serting ‘‘Great Lakes St. Lawrence Seaway Develop-
ment Corporation’’. 
(5) WATER RESOURCES DEVELOPMENT ACT OF 
1986.—The Water Resources Development Act of 1986 
(33 U.S.C. 2211 et seq.) is amended— 
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(A) in section 206 (33 U.S.C. 2234), by 
striking ‘‘Saint Lawrence Seaway Development 
Corporation’’ and inserting ‘‘Great Lakes St. 
Lawrence Seaway Development Corporation’’; 
(B) 
in 
section 
210(a)(1) 
(33 
U.S.C. 
2238(a)(1)), by striking ‘‘Saint Lawrence Sea-
way Development Corporation’’ and inserting 
‘‘Great Lakes St. Lawrence Seaway Development 
Corporation’’; 
(C) in 
section 
214(2)(B) 
(33 
U.S.C. 
2241(2)(B)), by striking ‘‘Saint Lawrence Sea-
way Development Corporation’’ and inserting 
‘‘Great Lakes St. Lawrence Seaway Development 
Corporation’’; and 
(D) in section 1132(b) (33 U.S.C. 2309(b)), 
by striking ‘‘Saint Lawrence Seaway Develop-
ment Corporation’’ and inserting ‘‘Great Lakes 
St. Lawrence Seaway Development Corporation’’ 
each place it appears. 
(6) TITLE 46.—Title 46, United States Code, is 
amended— 
(A) in section 2109, by striking ‘‘Saint 
Lawrence Seaway Development Corporation’’ 
and inserting ‘‘Great Lakes St. Lawrence Sea-
way Development Corporation’’; 
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(B) in section 8103(g), by striking ‘‘Saint 
Lawrence Seaway Development Corporation’’ 
and inserting ‘‘Great Lakes St. Lawrence Sea-
way Development Corporation’’; 
(C) in section 8503(c), by striking ‘‘Saint 
Lawrence Seaway Development Corporation’’ 
and inserting ‘‘Great Lakes St. Lawrence Sea-
way Development Corporation’’; 
(D) in section 55112(a)(3), by striking ‘‘St. 
Lawrence Seaway Development Corporation’’ 
and inserting ‘‘Great Lakes St. Lawrence Sea-
way Development Corporation’’; 
(E) in section 55331(3), by striking ‘‘Saint 
Lawrence Seaway Development Corporation’’ 
and inserting ‘‘Great Lakes St. Lawrence Sea-
way Development Corporation’’; and 
(F) in section 70032, by striking ‘‘Saint 
Lawrence Seaway Development Corporation’’ 
and inserting ‘‘Great Lakes St. Lawrence Sea-
way Development Corporation’’ each place it ap-
pears. 
(7) TITLE 49.— 
(A) IN GENERAL.—Title 49, United States 
Code, is amended— 
(i) in section 110— 
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(I) in the heading, by striking 
‘‘Saint Lawrence Seaway De-
velopment Corporation’’ and in-
serting ‘‘Great Lakes St. Law-
rence 
Seaway 
Development 
Corporation’’; and 
(II) in subsection (a), by striking 
‘‘Saint Lawrence Seaway Development 
Corporation’’ and inserting ‘‘Great 
Lakes St. Lawrence Seaway Develop-
ment Corporation’’; and 
(ii) in section 6314(c)(2)(G), by strik-
ing ‘‘Saint Lawrence Seaway Development 
Corporation’’ and inserting ‘‘Great Lakes 
St. Lawrence Seaway Development Cor-
poration’’. 
(B) TABLE OF SECTIONS.—The table of sec-
tions for chapter 1 of subtitle I of title 49, 
United States Code, is amended by amending the 
item relating to section 110 to read as follows: 
‘‘110. Great Lakes St. Lawrence Seaway Development Corporation.’’. 
DIVISION BB—PRIVATE HEALTH 
INSURANCE 
AND 
PUBLIC 
HEALTH PROVISIONS 
SEC. 1. TABLE OF CONTENTS. 
The table of contents of the division is as follows: 
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3967 
DIVISION BB—PRIVATE HEALTH INSURANCE AND PUBLIC HEALTH 
PROVISIONS 
Sec. 1. Table of contents. 
TITLE I—NO SURPRISES ACT 
Sec. 101. Short title. 
Sec. 102. Health insurance requirements regarding surprise medical billing. 
Sec. 103. Determination of out-of-network rates to be paid by health plans; Inde-
pendent dispute resolution process. 
Sec. 104. Health care provider requirements regarding surprise medical billing. 
Sec. 105. Ending surprise air ambulance bills. 
Sec. 106. Reporting requirements regarding air ambulance services. 
Sec. 107. Transparency regarding in-network and out-of-network deductibles and 
out-of-pocket limitations. 
Sec. 108. Implementing protections against provider discrimination. 
Sec. 109. Reports. 
Sec. 110. Consumer protections through application of health plan external re-
view in cases of certain surprise medical bills. 
Sec. 111. Consumer protections through health plan requirement for fair and hon-
est advance cost estimate. 
Sec. 112. Patient protections through transparency and patient-provider dispute 
resolution. 
Sec. 113. Ensuring continuity of care. 
Sec. 114. Maintenance of price comparison tool. 
Sec. 115. State All Payer Claims Databases. 
Sec. 116. Protecting patients and improving the accuracy of provider directory 
information. 
Sec. 117. Advisory committee on ground ambulance and patient billing. 
Sec. 118. Implementation funding. 
TITLE II—TRANSPARENCY 
Sec. 201. Increasing transparency by removing gag clauses on price and quality 
information. 
Sec. 202. Disclosure of direct and indirect compensation for brokers and consult-
ants to employer-sponsored health plans and enrollees in plans 
on the individual market. 
Sec. 203. Strengthening parity in mental health and substance use disorder bene-
fits. 
Sec. 204. Reporting on pharmacy benefits and drug costs. 
TITLE III—PUBLIC HEALTH PROVISIONS 
Subtitle A—Extenders Provisions 
Sec. 301. Extension for community health centers, the National Health Service 
Corps, and teaching health centers that operate GME programs. 
Sec. 302. Diabetes programs. 
Subtitle B—Strengthening Public Health 
Sec. 311. Improving awareness of disease prevention. 
Sec. 312. Guide on evidence-based strategies for public health department obesity 
prevention programs. 
Sec. 313. Expanding capacity for health outcomes. 
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3968 
Sec. 314. Public health data system modernization. 
Sec. 315. Native American suicide prevention. 
Sec. 316. Reauthorization of the Young Women’s Breast Health Education and 
Awareness Requires Learning Young Act of 2009. 
Sec. 317. Reauthorization of school-based health centers. 
Subtitle C—FDA Amendments 
Sec. 321. Rare pediatric disease priority review voucher extension. 
Sec. 322. Conditions of use for biosimilar biological products. 
Sec. 323. Orphan drug clarification. 
Sec. 324. Modernizing the labeling of certain generic drugs. 
Sec. 325. Biological product patent transparency. 
Subtitle D—Technical Corrections 
Sec. 331. Technical corrections. 
TITLE I—NO SURPRISES ACT 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘No Surprises Act’’. 
SEC. 102. HEALTH INSURANCE REQUIREMENTS REGARDING 
SURPRISE MEDICAL BILLING. 
(a) PUBLIC HEALTH SERVICE ACT AMENDMENTS.— 
(1) IN
GENERAL.—Title XXVII of the Public 
Health Service Act (42 U.S.C. 300gg et seq.) is 
amended by adding at the end the following new part: 
‘‘PART D—ADDITIONAL COVERAGE PROVISIONS 
‘‘SEC. 2799A–1. PREVENTING SURPRISE MEDICAL BILLS. 
‘‘(a) COVERAGE OF EMERGENCY SERVICES.— 
‘‘(1) IN GENERAL.—If a group health plan, or a 
health insurance issuer offering group or individual 
health insurance coverage, provides or covers any ben-
efits with respect to services in an emergency depart-
ment of a hospital or with respect to emergency serv-
ices in an independent freestanding emergency de-
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partment (as defined in paragraph (3)(D)), the plan 
or issuer shall cover emergency services (as defined in 
paragraph (3)(C))— 
‘‘(A) without the need for any prior author-
ization determination; 
‘‘(B) whether the health care provider fur-
nishing such services is a participating provider 
or a participating emergency facility, as appli-
cable, with respect to such services; 
‘‘(C) in a manner so that, if such services 
are provided to a participant, beneficiary, or en-
rollee by a nonparticipating provider or a non-
participating emergency facility— 
‘‘(i) such services will be provided 
without imposing any requirement under 
the plan or coverage for prior authorization 
of services or any limitation on coverage 
that is more restrictive than the require-
ments or limitations that apply to emer-
gency services received from participating 
providers and participating emergency fa-
cilities with respect to such plan or cov-
erage, respectively; 
‘‘(ii) the cost-sharing requirement is 
not greater than the requirement that would 
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apply if such services were provided by a 
participating provider or a participating 
emergency facility; 
‘‘(iii) such cost-sharing requirement is 
calculated as if the total amount that would 
have been charged for such services by such 
participating provider or participating 
emergency facility were equal to the recog-
nized amount (as defined in paragraph 
(3)(H)) for such services, plan or coverage, 
and year; 
‘‘(iv) the group health plan or health 
insurance issuer, respectively— 
‘‘(I) not later than 30 calendar 
days after the bill for such services is 
transmitted by such provider or facil-
ity, sends to the provider or facility, as 
applicable, an initial payment or no-
tice of denial of payment; and 
‘‘(II) pays a total plan or cov-
erage payment directly to such pro-
vider or facility, respectively (in ac-
cordance, if applicable, with the timing 
requirement described in subsection 
(c)(6)) that is, with application of any 
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initial payment under subclause (I), 
equal to the amount by which the out- 
of-network rate (as defined in para-
graph (3)(K)) for such services exceeds 
the cost-sharing amount for such serv-
ices (as determined in accordance with 
clauses (ii) and (iii)) and year; and 
‘‘(v) any cost-sharing payments made 
by the participant, beneficiary, or enrollee 
with respect to such emergency services so 
furnished shall be counted toward any in- 
network deductible or out-of-pocket maxi-
mums applied under the plan or coverage, 
respectively (and such in-network deductible 
and out-of-pocket maximums shall be ap-
plied) in the same manner as if such cost- 
sharing payments were made with respect 
to emergency services furnished by a par-
ticipating provider or a participating emer-
gency facility; and 
‘‘(D) without regard to any other term or 
condition of such coverage (other than exclusion 
or coordination of benefits, or an affiliation or 
waiting period, permitted under section 2704 of 
this Act, including as incorporated pursuant to 
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section 715 of the Employee Retirement Income 
Security Act of 1974 and section 9815 of the In-
ternal Revenue Code of 1986, and other than ap-
plicable cost-sharing). 
‘‘(2) AUDIT
PROCESS
AND
REGULATIONS
FOR 
QUALIFYING PAYMENT AMOUNTS.— 
‘‘(A) AUDIT PROCESS.— 
‘‘(i) IN GENERAL.—Not later than Oc-
tober 1, 2021, the Secretary, in consultation 
with the Secretary of Labor and the Sec-
retary of the Treasury, shall establish 
through rulemaking a process, in accord-
ance with clause (ii), under which group 
health plans and health insurance issuers 
offering group or individual health insur-
ance coverage are audited by the Secretary 
or applicable State authority to ensure 
that— 
‘‘(I) such plans and coverage are 
in compliance with the requirement of 
applying 
a 
qualifying 
payment 
amount under this section; and 
‘‘(II) such qualifying payment 
amount so applied satisfies the defini-
tion under paragraph (3)(E) with re-
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spect to the year involved, including 
with respect to a group health plan or 
health insurance issuer described in 
clause (ii) of such paragraph (3)(E). 
‘‘(ii) AUDIT
SAMPLES.—Under the 
process established pursuant to clause (i), 
the Secretary— 
‘‘(I) shall conduct audits described 
in such clause, with respect to a year 
(beginning with 2022), of a sample 
with respect to such year of claims 
data from not more than 25 group 
health plans and health insurance 
issuers offering group or individual 
health insurance coverage; and 
‘‘(II) may audit any group health 
plan or health insurance issuer offering 
group or individual health insurance 
coverage if the Secretary has received 
any complaint or other information 
about such plan or coverage, respec-
tively, that involves the compliance of 
the plan or coverage, respectively, with 
either of the requirements described in 
subclauses (I) and (II) of such clause. 
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‘‘(iii) REPORTS.—Beginning for 2022, 
the Secretary shall annually submit to Con-
gress a report on the number of plans and 
issuers with respect to which audits were 
conducted during such year pursuant to 
this subparagraph. 
‘‘(B) RULEMAKING.—Not later than July 1, 
2021, the Secretary, in consultation with the 
Secretary of Labor and the Secretary of the 
Treasury, shall establish through rulemaking— 
‘‘(i) the methodology the group health 
plan or health insurance issuer offering 
group or individual health insurance cov-
erage shall use to determine the qualifying 
payment amount, differentiating by indi-
vidual market, large group market, and 
small group market; 
‘‘(ii) the information such plan or 
issuer, respectively, shall share with the 
nonparticipating provider or nonpartici-
pating facility, as applicable, when making 
such a determination; 
‘‘(iii) the geographic regions applied 
for purposes of this subparagraph, taking 
into account access to items and services in 
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rural and underserved areas, including 
health professional shortage areas, as de-
fined in section 332; and 
‘‘(iv) a process to receive complaints of 
violations of the requirements described in 
subclauses (I) and (II) of subparagraph 
(A)(i) by group health plans and health in-
surance issuers offering group or individual 
health insurance coverage. 
Such rulemaking shall take into account pay-
ments that are made by such plan or issuer, re-
spectively, that are not on a fee-for-service basis. 
Such methodology may account for relevant pay-
ment adjustments that take into account quality 
or facility type (including higher acuity settings 
and the case-mix of various facility types) that 
are otherwise taken into account for purposes of 
determining payment amounts with respect to 
participating facilities. In carrying out clause 
(iii), the Secretary shall consult with the Na-
tional Association of Insurance Commissioners to 
establish the geographic regions under such 
clause and shall periodically update such re-
gions, as appropriate, taking into account the 
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findings of the report submitted under section 
109(a) of the No Surprises Act. 
‘‘(3) DEFINITIONS.—In this part and part E: 
‘‘(A) EMERGENCY DEPARTMENT OF A HOS-
PITAL.—The term ‘emergency department of a 
hospital’ includes a hospital outpatient depart-
ment that provides emergency services (as de-
fined in subparagraph (C)(i)). 
‘‘(B) EMERGENCY
MEDICAL
CONDITION.— 
The term ‘emergency medical condition’ means a 
medical condition manifesting itself by acute 
symptoms of sufficient severity (including severe 
pain) such that a prudent layperson, who pos-
sesses an average knowledge of health and medi-
cine, could reasonably expect the absence of im-
mediate medical attention to result in a condi-
tion described in clause (i), (ii), or (iii) of sec-
tion 1867(e)(1)(A) of the Social Security Act. 
‘‘(C) EMERGENCY SERVICES.— 
‘‘(i) IN
GENERAL.—The term ‘emer-
gency services’, with respect to an emer-
gency medical condition, means— 
‘‘(I) a medical screening examina-
tion (as required under section 1867 of 
the Social Security Act, or as would be 
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required under such section if such sec-
tion applied to an independent free-
standing emergency department) that 
is within the capability of the emer-
gency department of a hospital or of 
an independent freestanding emergency 
department, as applicable, including 
ancillary services routinely available to 
the emergency department to evaluate 
such emergency medical condition; and 
‘‘(II) within the capabilities of the 
staff and facilities available at the hos-
pital or the independent freestanding 
emergency department, as applicable, 
such further medical examination and 
treatment as are required under section 
1867 of such Act, or as would be re-
quired under such section if such sec-
tion applied to an independent free-
standing emergency department, to sta-
bilize the patient (regardless of the de-
partment of the hospital in which such 
further examination or treatment is 
furnished). 
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‘‘(ii) INCLUSION OF ADDITIONAL SERV-
ICES.— 
‘‘(I) IN GENERAL.—For purposes 
of this subsection and section 2799B–1, 
in the case of a participant, bene-
ficiary, or enrollee who is enrolled in a 
group health plan or group or indi-
vidual health insurance coverage of-
fered by a health insurance issuer and 
who is furnished services described in 
clause (i) with respect to an emergency 
medical condition, the term ‘emergency 
services’ shall include, unless each of 
the conditions described in subclause 
(II) are met, in addition to the items 
and services described in clause (i), 
items and services— 
‘‘(aa) for which benefits are 
provided or covered under the 
plan or coverage, respectively; and 
‘‘(bb) that are furnished by a 
nonparticipating provider or non-
participating emergency facility 
(regardless of the department of 
the hospital in which such items 
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or services are furnished) after the 
participant, beneficiary, or en-
rollee is stabilized and as part of 
outpatient observation or an in-
patient or outpatient stay with 
respect to the visit in which the 
services described in clause (i) are 
furnished. 
‘‘(II) CONDITIONS.—For purposes 
of subclause (I), the conditions de-
scribed in this subclause, with respect 
to a participant, beneficiary, or en-
rollee who is stabilized and furnished 
additional items and services described 
in subclause (I) after such stabilization 
by a provider or facility described in 
subclause (I), are the following; 
‘‘(aa) Such provider or facil-
ity determines such individual is 
able to travel using nonmedical 
transportation or nonemergency 
medical transportation. 
‘‘(bb) Such provider fur-
nishing such additional items and 
services satisfies the notice and 
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consent criteria of section 2799B– 
2(d) with respect to such items 
and services. 
‘‘(cc) Such individual is in a 
condition to receive (as deter-
mined in accordance with guide-
lines issued by the Secretary pur-
suant to rulemaking) the informa-
tion described in section 2799B–2 
and to provide informed consent 
under such section, in accordance 
with applicable State law. 
‘‘(dd) Such other conditions, 
as specified by the Secretary, such 
as conditions relating to coordi-
nating care transitions to partici-
pating providers and facilities. 
‘‘(D) INDEPENDENT FREESTANDING EMER-
GENCY
DEPARTMENT.—The term ‘independent 
freestanding emergency department’ means a 
health care facility that— 
‘‘(i) is geographically separate and dis-
tinct and licensed separately from a hos-
pital under applicable State law; and 
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‘‘(ii) provides any of the emergency 
services 
(as 
defined 
in 
subparagraph 
(C)(i)). 
‘‘(E) QUALIFYING PAYMENT AMOUNT.— 
‘‘(i) IN
GENERAL.—The term ‘quali-
fying payment amount’ means, subject to 
clauses (ii) and (iii), with respect to a 
sponsor of a group health plan and health 
insurance issuer offering group or indi-
vidual health insurance coverage— 
‘‘(I) for an item or service fur-
nished during 2022, the median of the 
contracted rates recognized by the plan 
or issuer, respectively (determined with 
respect to all such plans of such spon-
sor or all such coverage offered by such 
issuer that are offered within the same 
insurance market (specified in sub-
clause (I), (II), (III), or (IV) of clause 
(iv)) as the plan or coverage) as the 
total maximum payment (including 
the cost-sharing amount imposed for 
such item or service and the amount to 
be paid by the plan or issuer, respec-
tively) under such plans or coverage, 
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respectively, on January 31, 2019, for 
the same or a similar item or service 
that is provided by a provider in the 
same or similar specialty and provided 
in the geographic region in which the 
item or service is furnished, consistent 
with the methodology established by the 
Secretary under paragraph (2)(B), in-
creased by the percentage increase in 
the consumer price index for all urban 
consumers (United States city average) 
over 2019, such percentage increase 
over 2020, and such percentage in-
crease over 2021; and 
‘‘(II) for an item or service fur-
nished during 2023 or a subsequent 
year, the qualifying payment amount 
determined under this clause for such 
an item or service furnished in the pre-
vious year, increased by the percentage 
increase in the consumer price index 
for all urban consumers (United States 
city average) over such previous year. 
‘‘(ii) NEW
PLANS
AND
COVERAGE.— 
The term ‘qualifying payment amount’ 
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means, with respect to a sponsor of a group 
health plan or health insurance issuer offer-
ing group or individual health insurance 
coverage in a geographic region in which 
such sponsor or issuer, respectively, did not 
offer any group health plan or health insur-
ance coverage during 2019— 
‘‘(I) for the first year in which 
such group health plan, group health 
insurance 
coverage, 
or 
individual 
health insurance coverage, respectively, 
is offered in such region, a rate (deter-
mined in accordance with a method-
ology established by the Secretary) for 
items and services that are covered by 
such plan or coverage and furnished 
during such first year; and 
‘‘(II) for each subsequent year 
such group health plan, group health 
insurance 
coverage, 
or 
individual 
health insurance coverage, respectively, 
is offered in such region, the qualifying 
payment amount determined under 
this clause for such items and services 
furnished in the previous year, in-
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creased by the percentage increase in 
the consumer price index for all urban 
consumers (United States city average) 
over such previous year. 
‘‘(iii) 
INSUFFICIENT
INFORMATION; 
NEWLY COVERED ITEMS AND SERVICES.—In 
the case of a sponsor of a group health plan 
or health insurance issuer offering group or 
individual health insurance coverage that 
does not have sufficient information to cal-
culate the median of the contracted rates de-
scribed in clause (i)(I) in 2019 (or, in the 
case of a newly covered item or service (as 
defined in clause (v)(III)), in the first cov-
erage year (as defined in clause (v)(I)) for 
such item or service with respect to such 
plan or coverage) for an item or service (in-
cluding with respect to provider type, or 
amount, of claims for items or services (as 
determined by the Secretary) provided in a 
particular geographic region (other than in 
a case with respect to which clause (ii) ap-
plies)) 
the 
term 
‘qualifying 
payment 
amount’— 
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‘‘(I) for an item or service fur-
nished during 2022 (or, in the case of 
a newly covered item or service, during 
the first coverage year for such item or 
service with respect to such plan or 
coverage), means such rate for such 
item or service determined by the spon-
sor or issuer, respectively, through use 
of any database that is determined, in 
accordance with rulemaking described 
in paragraph (2)(B), to not have any 
conflicts of interest and to have suffi-
cient information reflecting allowed 
amounts paid to a health care provider 
or facility for relevant services fur-
nished in the applicable geographic re-
gion (such as a State all-payer claims 
database); 
‘‘(II) for an item or service fur-
nished in a subsequent year (before the 
first sufficient information year (as de-
fined in clause (v)(II)) for such item or 
service with respect to such plan or 
coverage), means the rate determined 
under subclause (I) or this subclause, 
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as applicable, for such item or service 
for the year previous to such subse-
quent year, increased by the percentage 
increase in the consumer price index 
for all urban consumers (United States 
city average) over such previous year; 
‘‘(III) for an item or service fur-
nished in the first sufficient informa-
tion year for such item or service with 
respect to such plan or coverage, has 
the meaning given the term qualifying 
payment amount in clause (i)(I), ex-
cept that in applying such clause to 
such item or service, the reference to 
‘furnished during 2022’ shall be treated 
as a reference to furnished during such 
first sufficient information year, the 
reference to ‘in 2019’ shall be treated 
as a reference to such sufficient infor-
mation year, and the increase de-
scribed in such clause shall not be ap-
plied; and 
‘‘(IV) for an item or service fur-
nished in any year subsequent to the 
first sufficient information year for 
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such item or service with respect to 
such plan or coverage, has the meaning 
given such term in clause (i)(II), ex-
cept that in applying such clause to 
such item or service, the reference to 
‘furnished during 2023 or a subsequent 
year’ shall be treated as a reference to 
furnished during the year after such 
first sufficient information year or a 
subsequent year. 
‘‘(iv) INSURANCE MARKET.—For pur-
poses of clause (i)(I), a health insurance 
market specified in this clause is one of the 
following: 
‘‘(I) The individual market. 
‘‘(II) The large group market 
(other than plans described in sub-
clause (IV)). 
‘‘(III) The small group market 
(other than plans described in sub-
clause (IV)). 
‘‘(IV) In the case of a self-insured 
group health plan, other self-insured 
group health plans. 
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‘‘(v) DEFINITIONS.—For purposes of 
this subparagraph: 
‘‘(I) FIRST COVERAGE YEAR.—The 
term ‘first coverage year’ means, with 
respect to a group health plan or group 
or individual health insurance cov-
erage offered by a health insurance 
issuer and an item or service for which 
coverage is not offered in 2019 under 
such plan or coverage, the first year 
after 2019 for which coverage for such 
item or service is offered under such 
plan or health insurance coverage. 
‘‘(II) FIRST
SUFFICIENT
INFOR-
MATION YEAR.—The term ‘first suffi-
cient information year’ means, with 
respect to a group health plan or group 
or individual health insurance cov-
erage offered by a health insurance 
issuer— 
‘‘(aa) in the case of an item 
or service for which the plan or 
coverage does not have sufficient 
information to calculate the me-
dian of the contracted rates de-
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scribed in clause (i)(I) in 2019, 
the first year subsequent to 2022 
for which the sponsor or issuer 
has such sufficient information to 
calculate the median of such con-
tracted rates in the year previous 
to such first subsequent year; and 
‘‘(bb) in the case of a newly 
covered item or service, the first 
year subsequent to the first cov-
erage year for such item or service 
with respect to such plan or cov-
erage for which the sponsor or 
issuer has sufficient information 
to calculate the median of the con-
tracted rates described in clause 
(i)(I) in the year previous to such 
first subsequent year. 
‘‘(III) NEWLY COVERED ITEM OR 
SERVICE.—The term ‘newly covered 
item or service’ means, with respect to 
a group health plan or group or indi-
vidual health insurance issuer offering 
health insurance coverage, an item or 
service for which coverage was not of-
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3990 
fered in 2019 under such plan or cov-
erage, but is offered under such plan or 
coverage in a year after 2019. 
‘‘(F) NONPARTICIPATING
EMERGENCY
FA-
CILITY; PARTICIPATING EMERGENCY FACILITY.— 
‘‘(i) NONPARTICIPATING
EMERGENCY 
FACILITY.—The 
term 
‘nonparticipating 
emergency facility’ means, with respect to 
an item or service and a group health plan 
or group or individual health insurance 
coverage offered by a health insurance 
issuer, an emergency department of a hos-
pital, or an independent freestanding emer-
gency department, that does not have a con-
tractual relationship directly or indirectly 
with the plan or issuer, respectively, for fur-
nishing such item or service under the plan 
or coverage, respectively. 
‘‘(ii) PARTICIPATING EMERGENCY FA-
CILITY.—The term ‘participating emergency 
facility’ means, with respect to an item or 
service and a group health plan or group or 
individual health insurance coverage offered 
by a health insurance issuer, an emergency 
department of a hospital, or an independent 
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freestanding emergency department, that 
has a contractual relationship directly or 
indirectly with the plan or issuer, respec-
tively, with respect to the furnishing of such 
an item or service at such facility. 
‘‘(G) NONPARTICIPATING PROVIDERS; PAR-
TICIPATING PROVIDERS.— 
‘‘(i) NONPARTICIPATING
PROVIDER.— 
The 
term 
‘nonparticipating 
provider’ 
means, with respect to an item or service 
and a group health plan or group or indi-
vidual health insurance coverage offered by 
a health insurance issuer, a physician or 
other health care provider who is acting 
within the scope of practice of that pro-
vider’s license or certification under appli-
cable State law and who does not have a 
contractual relationship with the plan or 
issuer, respectively, for furnishing such item 
or service under the plan or coverage, re-
spectively. 
‘‘(ii) PARTICIPATING
PROVIDER.—The 
term ‘participating provider’ means, with 
respect to an item or service and a group 
health plan or group or individual health 
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3992 
insurance coverage offered by a health in-
surance issuer, a physician or other health 
care provider who is acting within the scope 
of practice of that provider’s license or cer-
tification under applicable State law and 
who has a contractual relationship with the 
plan or issuer, respectively, for furnishing 
such item or service under the plan or cov-
erage, respectively. 
‘‘(H) RECOGNIZED
AMOUNT.—The term 
‘recognized amount’ means, with respect to an 
item or service furnished by a nonparticipating 
provider or nonparticipating emergency facility 
during a year and a group health plan or group 
or individual health insurance coverage offered 
by a health insurance issuer— 
‘‘(i) subject to clause (iii), in the case 
of such item or service furnished in a State 
that has in effect a specified State law with 
respect to such plan, coverage, or issuer, re-
spectively; such a nonparticipating provider 
or nonparticipating emergency facility; and 
such an item or service, the amount deter-
mined in accordance with such law; 
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‘‘(ii) subject to clause (iii), in the case 
of such item or service furnished in a State 
that does not have in effect a specified State 
law, with respect to such plan, coverage, or 
issuer, respectively; such a nonparticipating 
provider or nonparticipating emergency fa-
cility; and such an item or service, the 
amount that is the qualifying payment 
amount (as defined in subparagraph (E)) 
for such year and determined in accordance 
with rulemaking described in paragraph 
(2)(B)) for such item or service; or 
‘‘(iii) in the case of such item or serv-
ice furnished in a State with an All-Payer 
Model Agreement under section 1115A of the 
Social Security Act, the amount that the 
State approves under such system for such 
item or service so furnished. 
‘‘(I) SPECIFIED
STATE
LAW.—The term 
‘specified State law’ means, with respect to a 
State, an item or service furnished by a non-
participating 
provider 
or 
nonparticipating 
emergency facility during a year and a group 
health plan or group or individual health insur-
ance coverage offered by a health insurance 
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issuer, a State law that provides for a method 
for determining the total amount payable under 
such a plan, coverage, or issuer, respectively (to 
the extent such State law applies to such plan, 
coverage, or issuer, subject to section 514 of the 
Employee Retirement Income Security Act of 
1974) in the case of a participant, beneficiary, 
or enrollee covered under such plan or coverage 
and receiving such item or service from such a 
nonparticipating provider or nonparticipating 
emergency facility. 
‘‘(J) STABILIZE.—The term ‘to stabilize’, 
with respect to an emergency medical condition 
(as defined in subparagraph (B)), has the mean-
ing give in section 1867(e)(3) of the Social Secu-
rity Act (42 U.S.C. 1395dd(e)(3)). 
‘‘(K) OUT-OF-NETWORK
RATE.—The term 
‘out-of-network rate’ means, with respect to an 
item or service furnished in a State during a 
year to a participant, beneficiary, or enrollee of 
a group health plan or group or individual 
health insurance coverage offered by a health in-
surance issuer receiving such item or service 
from a nonparticipating provider or nonpartici-
pating emergency facility— 
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‘‘(i) subject to clause (iii), in the case 
of such item or service furnished in a State 
that has in effect a specified State law with 
respect to such plan, coverage, or issuer, re-
spectively; such a nonparticipating provider 
or nonparticipating emergency facility; and 
such an item or service, the amount deter-
mined in accordance with such law; 
‘‘(ii) subject to clause (iii), in the case 
such State does not have in effect such a 
law with respect to such item or service, 
plan, and provider or facility— 
‘‘(I) subject to subclause (II), if 
the provider or facility (as applicable) 
and such plan or coverage agree on an 
amount of payment (including if such 
agreed on amount is the initial pay-
ment sent by the plan under subsection 
(a)(1)(C)(iv)(I),subsection (b)(1)(C), or 
section 2799A–2(a)(3)(A), as applica-
ble, or is agreed on through open nego-
tiations under subsection (c)(1)) with 
respect to such item or service, such 
agreed on amount; or 
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‘‘(II) if such provider or facility 
(as applicable) and such plan or cov-
erage enter the independent dispute 
resolution process under subsection (c) 
and do not so agree before the date on 
which a certified IDR entity (as de-
fined in paragraph (4) of such sub-
section) makes a determination with 
respect to such item or service under 
such subsection, the amount of such de-
termination; or 
‘‘(iii) in the case such State has an 
All-Payer Model Agreement under section 
1115A of the Social Security Act, the 
amount that the State approves under such 
system for such item or service so furnished. 
‘‘(L) COST-SHARING.—The term ‘cost-shar-
ing’ includes copayments, coinsurance, and 
deductibles. 
‘‘(b) COVERAGE OF NON-EMERGENCY SERVICES PER-
FORMED BY NONPARTICIPATING PROVIDERS AT CERTAIN 
PARTICIPATING FACILITIES.— 
‘‘(1) IN GENERAL.—In the case of items or serv-
ices (other than emergency services to which sub-
section (a) applies) for which any benefits are pro-
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vided or covered by a group health plan or health in-
surance issuer offering group or individual health in-
surance coverage furnished to a participant, bene-
ficiary, or enrollee of such plan or coverage by a non-
participating provider (as defined in subsection 
(a)(3)(G)(i)) (and who, with respect to such items 
and services, has not satisfied the notice and consent 
criteria of section 2799B–2(d)) with respect to a visit 
(as defined by the Secretary in accordance with para-
graph (2)(B)) at a participating health care facility 
(as defined in paragraph (2)(A)), with respect to such 
plan or coverage, respectively, the plan or coverage, 
respectively— 
‘‘(A) shall not impose on such participant, 
beneficiary, or enrollee a cost-sharing require-
ment for such items and services so furnished 
that is greater than the cost-sharing requirement 
that would apply under such plan or coverage, 
respectively, had such items or services been fur-
nished by a participating provider (as defined in 
subsection (a)(3)(G)(ii)); 
‘‘(B) shall calculate such cost-sharing re-
quirement as if the total amount that would have 
been charged for such items and services by such 
participating provider were equal to the recog-
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3998 
nized 
amount 
(as 
defined 
in 
subsection 
(a)(3)(H)) for such items and services, plan or 
coverage, and year; 
‘‘(C) not later than 30 calendar days after 
the bill for such services is transmitted by such 
provider, shall send to the provider an initial 
payment or notice of denial of payment; 
‘‘(D) shall pay a total plan or coverage 
payment directly, in accordance, if applica-
ble,with the timing requirement described in sub-
section (c)(6), to such provider furnishing such 
items and services to such participant, bene-
ficiary, or enrollee that is, with application of 
any initial payment under subparagraph (C), 
equal to the amount by which the out-of-network 
rate (as defined in subsection (a)(3)(K)) for such 
items and services involved exceeds the cost-shar-
ing amount imposed under the plan or coverage, 
respectively, for such items and services (as de-
termined in accordance with subparagraphs (A) 
and (B)) and year; and 
‘‘(E) shall count toward any in-network de-
ductible and in-network out-of-pocket maximums 
(as applicable) applied under the plan or cov-
erage, respectively, any cost-sharing payments 
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3999 
made by the participant, beneficiary, or enrollee 
(and such in-network deductible and out-of-pock-
et maximums shall be applied) with respect to 
such items and services so furnished in the same 
manner as if such cost-sharing payments were 
with respect to items and services furnished by 
a participating provider. 
‘‘(2) DEFINITIONS.—In this section: 
‘‘(A) PARTICIPATING HEALTH CARE FACIL-
ITY.— 
‘‘(i) IN GENERAL.—The term ‘partici-
pating health care facility’ means, with re-
spect to an item or service and a group 
health plan or health insurance issuer offer-
ing group or individual health insurance 
coverage, a health care facility described in 
clause (ii) that has a direct or indirect con-
tractual relationship with the plan or 
issuer, respectively, with respect to the fur-
nishing of such an item or service at the fa-
cility. 
‘‘(ii) HEALTH
CARE
FACILITY
DE-
SCRIBED.—A health care facility described 
in this clause, with respect to a group 
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4000 
health plan or group or individual health 
insurance coverage, is each of the following: 
‘‘(I) A hospital (as defined in 
1861(e) of the Social Security Act). 
‘‘(II) A hospital outpatient de-
partment. 
‘‘(III) A critical access hospital 
(as defined in section 1861(mm)(1) of 
such Act). 
‘‘(IV) An ambulatory surgical 
center 
described 
in 
section 
1833(i)(1)(A) of such Act. 
‘‘(V) Any other facility, specified 
by the Secretary, that provides items 
or services for which coverage is pro-
vided under the plan or coverage, re-
spectively. 
‘‘(B) VISIT.—The term ‘visit’ shall, with re-
spect to items and services furnished to an indi-
vidual at a health care facility, include equip-
ment and devices, telemedicine services, imaging 
services, laboratory services, preoperative and 
postoperative services, and such other items and 
services as the Secretary may specify, regardless 
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4001 
of whether or not the provider furnishing such 
items or services is at the facility. 
‘‘(c) CERTAIN ACCESS FEES
TO CERTAIN DATA-
BASES.—In the case of a sponsor of a group health plan 
or health insurance issuer offering group or individual 
health insurance coverage that, pursuant to subsection 
(a)(3)(E)(iii), uses a database described in such subsection 
to determine a rate to apply under such subsection for an 
item or service by reason of having insufficient information 
described in such subsection with respect to such item or 
service, such sponsor or issuer shall cover the cost for access 
to such database.’’. 
(2) TRANSFER
AMENDMENT.—Part D of title 
XXVII of the Public Health Service Act, as added by 
paragraph (1), is amended by adding at the end the 
following new section: 
‘‘SEC. 2799A–7. OTHER PATIENT PROTECTIONS. 
‘‘(a) CHOICE OF HEALTH CARE PROFESSIONAL.—If a 
group health plan, or a health insurance issuer offering 
group or individual health insurance coverage, requires or 
provides for designation by a participant, beneficiary, or 
enrollee of a participating primary care provider, then the 
plan or issuer shall permit each participant, beneficiary, 
and enrollee to designate any participating primary care 
provider who is available to accept such individual. 
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‘‘(b) ACCESS TO PEDIATRIC CARE.— 
‘‘(1) PEDIATRIC CARE.—In the case of a person 
who has a child who is a participant, beneficiary, or 
enrollee under a group health plan, or group or indi-
vidual health insurance coverage offered by a health 
insurance issuer, if the plan or issuer requires or pro-
vides for the designation of a participating primary 
care provider for the child, the plan or issuer shall 
permit such person to designate a physician 
(allopathic or osteopathic) who specializes in pediat-
rics as the child’s primary care provider if such pro-
vider participates in the network of the plan or 
issuer. 
‘‘(2) CONSTRUCTION.—Nothing in paragraph (1) 
shall be construed to waive any exclusions of coverage 
under the terms and conditions of the plan or health 
insurance coverage with respect to coverage of pedi-
atric care. 
‘‘(c) PATIENT ACCESS TO OBSTETRICAL AND GYNECO-
LOGICAL CARE.— 
‘‘(1) GENERAL RIGHTS.— 
‘‘(A) DIRECT
ACCESS.—A group health 
plan, or health insurance issuer offering group 
or individual health insurance coverage, de-
scribed in paragraph (2) may not require au-
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thorization or referral by the plan, issuer, or any 
person (including a primary care provider de-
scribed in paragraph (2)(B)) in the case of a fe-
male participant, beneficiary, or enrollee who 
seeks coverage for obstetrical or gynecological 
care provided by a participating health care pro-
fessional who specializes in obstetrics or gyne-
cology. Such professional shall agree to otherwise 
adhere to such plan’s or issuer’s policies and 
procedures, including procedures regarding refer-
rals and obtaining prior authorization and pro-
viding services pursuant to a treatment plan (if 
any) approved by the plan or issuer. 
‘‘(B) OBSTETRICAL
AND
GYNECOLOGICAL 
CARE.—A group health plan or health insurance 
issuer described in paragraph (2) shall treat the 
provision of obstetrical and gynecological care, 
and the ordering of related obstetrical and gyne-
cological items and services, pursuant to the di-
rect access described under subparagraph (A), by 
a participating health care professional who spe-
cializes in obstetrics or gynecology as the author-
ization of the primary care provider. 
‘‘(2) APPLICATION
OF
PARAGRAPH.—A group 
health plan, or health insurance issuer offering group 
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or individual health insurance coverage, described in 
this paragraph is a group health plan or health in-
surance coverage that— 
‘‘(A) provides coverage for obstetric or 
gynecologic care; and 
‘‘(B) requires the designation by a partici-
pant, beneficiary, or enrollee of a participating 
primary care provider. 
‘‘(3) CONSTRUCTION.—Nothing in paragraph (1) 
shall be construed to— 
‘‘(A) waive any exclusions of coverage under 
the terms and conditions of the plan or health 
insurance coverage with respect to coverage of ob-
stetrical or gynecological care; or 
‘‘(B) preclude the group health plan or 
health insurance issuer involved from requiring 
that the obstetrical or gynecological provider no-
tify the primary care health care professional or 
the plan or issuer of treatment decisions.’’. 
(3) CONFORMING AMENDMENTS.— 
(A) Section 2719A of the Public Health 
Service Act (42 U.S.C. 300gg–19a) is amended 
by adding at the end the following new sub-
section: 
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‘‘(e) APPLICATION.—The provisions of this section 
shall not apply with respect to a group health plan, health 
insurance issuers, or group or individual health insurance 
coverage with respect to plan years beginning on or on Jan-
uary 1, 2022.’’. 
(B) Section 2722 of the Public Health Serv-
ice Act (42 U.S.C. 300gg–21) is amended— 
(i) in subsection (a)(1), by inserting 
‘‘and part D’’ after ‘‘subparts 1 and 2’’; 
(ii) in subsection (b), by inserting 
‘‘and part D’’ after ‘‘subparts 1 and 2’’; 
(iii) in subsection (c)(1), by inserting 
‘‘and part D’’ after ‘‘subparts 1 and 2’’; 
(iv) in subsection (c)(2), by inserting 
‘‘and part D’’ after ‘‘subparts 1 and 2’’; 
(v) in subsection (c)(3), by inserting 
‘‘and part D’’ after ‘‘this part’’; and 
(vi) in subsection (d), in the matter 
preceding paragraph (1), by inserting ‘‘and 
part D’’ after ‘‘this part’’. 
(C) Section 2723 of the Public Health Serv-
ice Act (42 U.S.C. 300gg–22) is amended— 
(i) in subsection (a)(1), by inserting 
‘‘and part D’’ after ‘‘this part’’; 
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(ii) in subsection (a)(2), by inserting 
‘‘or part D’’ after ‘‘this part’’; 
(iii) in subsection (b)(1), by inserting 
‘‘or part D’’ after ‘‘this part’’; 
(iv) in subsection (b)(2)(A), by insert-
ing ‘‘or part D’’ after ‘‘this part’’; and 
(v) in subsection (b)(2)(C)(ii), by in-
serting ‘‘and part D’’ after ‘‘this part’’. 
(D) Section 2724 of the Public Health Serv-
ice Act (42 U.S.C. 300gg–23) is amended— 
(i) in subsection (a)(1)— 
(I) by striking ‘‘this part and 
part C insofar as it relates to this 
part’’ and inserting ‘‘this part, part D, 
and part C insofar as it relates to this 
part or part D’’; and 
(II) by inserting ‘‘or part D’’ 
after ‘‘requirement of this part’’; 
(ii) in subsection (a)(2), by inserting 
‘‘or part D’’ after ‘‘this part’’; and 
(iii) in subsection (c), by inserting ‘‘or 
part D’’ after ‘‘this part (other than section 
2704)’’. 
(b) ERISA AMENDMENTS.— 
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(1) IN GENERAL.—Subpart B of part 7 of title 
I of the Employee Retirement Income Security Act of 
1974 (29 U.S.C. 1185 et seq.) is amended by adding 
at the end the following: 
‘‘SEC. 716. PREVENTING SURPRISE MEDICAL BILLS. 
‘‘(a) COVERAGE OF EMERGENCY SERVICES.— 
‘‘(1) IN GENERAL.—If a group health plan, or a 
health insurance issuer offering group health insur-
ance coverage, provides or covers any benefits with re-
spect to services in an emergency department of a 
hospital or with respect to emergency services in an 
independent freestanding emergency department (as 
defined in paragraph (3)(D)), the plan or issuer shall 
cover emergency services (as defined in paragraph 
(3)(C))— 
‘‘(A) without the need for any prior author-
ization determination; 
‘‘(B) whether the health care provider fur-
nishing such services is a participating provider 
or a participating emergency facility, as appli-
cable, with respect to such services; 
‘‘(C) in a manner so that, if such services 
are provided to a participant or beneficiary by 
a nonparticipating provider or a nonpartici-
pating emergency facility— 
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‘‘(i) such services will be provided 
without imposing any requirement under 
the plan for prior authorization of services 
or any limitation on coverage that is more 
restrictive than the requirements or limita-
tions that apply to emergency services re-
ceived from participating providers and 
participating emergency facilities with re-
spect to such plan or coverage, respectively; 
‘‘(ii) the cost-sharing requirement is 
not greater than the requirement that would 
apply if such services were provided by a 
participating provider or a participating 
emergency facility; 
‘‘(iii) such cost-sharing requirement is 
calculated as if the total amount that would 
have been charged for such services by such 
participating provider or participating 
emergency facility were equal to the recog-
nized amount (as defined in paragraph 
(3)(H)) for such services, plan or coverage, 
and year; 
‘‘(iv) the group health plan or health 
insurance issuer, respectively— 
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‘‘(I) not later than 30 calendar 
days after the bill for such services is 
transmitted by such provider or facil-
ity, sends to the provider or facility, as 
applicable, an initial payment or no-
tice of denial of payment; and 
‘‘(II) pays a total plan or cov-
erage payment directly to such pro-
vider or facility, respectively (in ac-
cordance, if applicable, with the timing 
requirement described in subsection 
(c)(6)) that is, with application of any 
initial payment under subclause (I), 
equal to the amount by which the out- 
of-network rate (as defined in para-
graph (3)(K)) for such services exceeds 
the cost-sharing amount for such serv-
ices (as determined in accordance with 
clauses (ii) and (iii)) and year; and 
‘‘(v) any cost-sharing payments made 
by the participant or beneficiary with re-
spect to such emergency services so fur-
nished shall be counted toward any in-net-
work deductible or out-of-pocket maximums 
applied under the plan or coverage, respec-
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tively (and such in-network deductible and 
out-of-pocket maximums shall be applied) 
in the same manner as if such cost-sharing 
payments were made with respect to emer-
gency services furnished by a participating 
provider or a participating emergency facil-
ity; and 
‘‘(D) without regard to any other term or 
condition of such coverage (other than exclusion 
or coordination of benefits, or an affiliation or 
waiting period, permitted under section 2704 of 
the Public Health Service Act, including as in-
corporated pursuant to section 715 of this Act 
and section 9815 of the Internal Revenue Code of 
1986, and other than applicable cost-sharing). 
‘‘(2) REGULATIONS
FOR
QUALIFYING
PAYMENT 
AMOUNTS.—Not later than July 1, 2021, the Sec-
retary, in consultation with the Secretary of the 
Treasury and the Secretary of Health and Human 
Services, shall establish through rulemaking— 
‘‘(A) the methodology the group health plan 
or health insurance issuer offering health insur-
ance coverage in the group market shall use to 
determine the qualifying payment amount, dif-
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ferentiating by large group market, and small 
group market; 
‘‘(B) the information such plan or issuer, 
respectively, shall share with the nonpartici-
pating provider or nonparticipating facility, as 
applicable, when making such a determination; 
‘‘(C) the geographic regions applied for pur-
poses of this subparagraph, taking into account 
access to items and services in rural and under-
served areas, including health professional short-
age areas, as defined in section 332 of the Public 
Health Service Act; and 
‘‘(D) a process to receive complaints of vio-
lations of the requirements described in sub-
clauses (I) and (II) of subparagraph (A)(i) by 
group health plans and health insurance issuers 
offering health insurance coverage in the group 
market. 
Such rulemaking shall take into account payments 
that are made by such plan or issuer, respectively, 
that are not on a fee-for-service basis. Such method-
ology may account for relevant payment adjustments 
that take into account quality or facility type (in-
cluding higher acuity settings and the case-mix of 
various facility types) that are otherwise taken into 
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account 
for 
purposes 
of 
determining 
payment 
amounts with respect to participating facilities. In 
carrying out clause (iii), the Secretary shall consult 
with the National Association of Insurance Commis-
sioners to establish the geographic regions under such 
clause and shall periodically update such regions, as 
appropriate, taking into account the findings of the 
report submitted under section 109(a) of the No Sur-
prises Act. 
‘‘(3) DEFINITIONS.—In this subpart: 
‘‘(A) EMERGENCY DEPARTMENT OF A HOS-
PITAL.—The term ‘emergency department of a 
hospital’ includes a hospital outpatient depart-
ment that provides emergency services (as de-
fined in subparagraph (C)(i)). 
‘‘(B) EMERGENCY
MEDICAL
CONDITION.— 
The term ‘emergency medical condition’ means a 
medical condition manifesting itself by acute 
symptoms of sufficient severity (including severe 
pain) such that a prudent layperson, who pos-
sesses an average knowledge of health and medi-
cine, could reasonably expect the absence of im-
mediate medical attention to result in a condi-
tion described in clause (i), (ii), or (iii) of sec-
tion 1867(e)(1)(A) of the Social Security Act. 
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‘‘(C) EMERGENCY SERVICES.— 
‘‘(i) IN
GENERAL.—The term ‘emer-
gency services’, with respect to an emer-
gency medical condition, means— 
‘‘(I) a medical screening examina-
tion (as required under section 1867 of 
the Social Security Act, or as would be 
required under such section if such sec-
tion applied to an independent free-
standing emergency department) that 
is within the capability of the emer-
gency department of a hospital or of 
an independent freestanding emergency 
department, as applicable, including 
ancillary services routinely available to 
the emergency department to evaluate 
such emergency medical condition; and 
‘‘(II) within the capabilities of the 
staff and facilities available at the hos-
pital or the independent freestanding 
emergency department, as applicable, 
such further medical examination and 
treatment as are required under section 
1867 of such Act, or as would be re-
quired under such section if such sec-
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4014 
tion applied to an independent free-
standing emergency department, to sta-
bilize the patient (regardless of the de-
partment of the hospital in which such 
further examination or treatment is 
furnished). 
‘‘(ii) INCLUSION OF ADDITIONAL SERV-
ICES.— 
‘‘(I) IN GENERAL.—For purposes 
of this subsection and section 2799B–1 
of the Public Health Service Act, in the 
case of a participant or beneficiary 
who is enrolled in a group health plan 
or group health insurance coverage of-
fered by a health insurance issuer and 
who is furnished services described in 
clause (i) with respect to an emergency 
medical condition, the term ‘emergency 
services’ shall include, unless each of 
the conditions described in subclause 
(II) are met, in addition to the items 
and services described in clause (i), 
items and services— 
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‘‘(aa) for which benefits are 
provided or covered under the 
plan or coverage, respectively; and 
‘‘(bb) that are furnished by a 
nonparticipating provider or non-
participating emergency facility 
(regardless of the department of 
the hospital in which such items 
or services are furnished) after the 
participant or beneficiary is sta-
bilized and as part of outpatient 
observation or an inpatient or 
outpatient stay with respect to the 
visit in which the services de-
scribed in clause (i) are furnished. 
‘‘(II) CONDITIONS.—For purposes 
of subclause (I), the conditions de-
scribed in this subclause, with respect 
to a participant or beneficiary who is 
stabilized and furnished additional 
items and services described in sub-
clause (I) after such stabilization by a 
provider or facility described in sub-
clause (I), are the following; 
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‘‘(aa) Such provider or facil-
ity determines such individual is 
able to travel using nonmedical 
transportation or nonemergency 
medical transportation. 
‘‘(bb) Such provider fur-
nishing such additional items and 
services satisfies the notice and 
consent criteria of section 2799B– 
2(d) with respect to such items 
and services. 
‘‘(cc) Such individual is in a 
condition to receive (as deter-
mined in accordance with guide-
lines issued by the Secretary pur-
suant to rulemaking) the informa-
tion described in section 2799B–2 
and to provide informed consent 
under such section, in accordance 
with applicable State law. 
‘‘(dd) Such other conditions, 
as specified by the Secretary, such 
as conditions relating to coordi-
nating care transitions to partici-
pating providers and facilities. 
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‘‘(D) INDEPENDENT FREESTANDING EMER-
GENCY
DEPARTMENT.—The term ‘independent 
freestanding emergency department’ means a 
health care facility that— 
‘‘(i) is geographically separate and dis-
tinct and licensed separately from a hos-
pital under applicable State law; and 
‘‘(ii) provides any of the emergency 
services 
(as 
defined 
in 
subparagraph 
(C)(i)). 
‘‘(E) QUALIFYING PAYMENT AMOUNT.— 
‘‘(i) IN
GENERAL.—The term ‘quali-
fying payment amount’ means, subject to 
clauses (ii) and (iii), with respect to a 
sponsor of a group health plan and health 
insurance issuer offering group health in-
surance coverage— 
‘‘(I) for an item or service fur-
nished during 2022, the median of the 
contracted rates recognized by the plan 
or issuer, respectively (determined with 
respect to all such plans of such spon-
sor or all such coverage offered by such 
issuer that are offered within the same 
insurance market (specified in sub-
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4018 
clause (I), (II), or (III) of clause (iv)) 
as the plan or coverage) as the total 
maximum payment (including the 
cost-sharing amount imposed for such 
item or service and the amount to be 
paid by the plan or issuer, respec-
tively) under such plans or coverage, 
respectively, on January 31, 2019, for 
the same or a similar item or service 
that is provided by a provider in the 
same or similar specialty and provided 
in the geographic region in which the 
item or service is furnished, consistent 
with the methodology established by the 
Secretary under paragraph (2), in-
creased by the percentage increase in 
the consumer price index for all urban 
consumers (United States city average) 
over 2019, such percentage increase 
over 2020, and such percentage in-
crease over 2021; and 
‘‘(II) for an item or service fur-
nished during 2023 or a subsequent 
year, the qualifying payment amount 
determined under this clause for such 
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4019 
an item or service furnished in the pre-
vious year, increased by the percentage 
increase in the consumer price index 
for all urban consumers (United States 
city average) over such previous year. 
‘‘(ii) NEW
PLANS
AND
COVERAGE.— 
The term ‘qualifying payment amount’ 
means, with respect to a sponsor of a group 
health plan or health insurance issuer offer-
ing group health insurance coverage in a 
geographic region in which such sponsor or 
issuer, respectively, did not offer any group 
health plan or health insurance coverage 
during 2019— 
‘‘(I) for the first year in which 
such group health plan or health insur-
ance coverage, respectively, is offered in 
such region, a rate (determined in ac-
cordance with a methodology estab-
lished by the Secretary) for items and 
services that are covered by such plan 
and furnished during such first year; 
and 
‘‘(II) for each subsequent year 
such group health plan or health insur-
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4020 
ance coverage, respectively, is offered in 
such region, the qualifying payment 
amount determined under this clause 
for such items and services furnished 
in the previous year, increased by the 
percentage increase in the consumer 
price index for all urban consumers 
(United States city average) over such 
previous year. 
‘‘(iii) 
INSUFFICIENT
INFORMATION; 
NEWLY COVERED ITEMS AND SERVICES.—In 
the case of a sponsor of a group health plan 
or health insurance issuer offering group 
health insurance coverage that does not have 
sufficient information to calculate the me-
dian of the contracted rates described in 
clause (i)(I) in 2019 (or, in the case of a 
newly covered item or service (as defined in 
clause (v)(III)), in the first coverage year 
(as defined in clause (v)(I)) for such item or 
service with respect to such plan or cov-
erage) for an item or service (including 
with respect to provider type, or amount, of 
claims for items or services (as determined 
by the Secretary) provided in a particular 
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geographic region (other than in a case with 
respect to which clause (ii) applies)) the 
term ‘qualifying payment amount’— 
‘‘(I) for an item or service fur-
nished during 2022 (or, in the case of 
a newly covered item or service, during 
the first coverage year for such item or 
service with respect to such plan or 
coverage), means such rate for such 
item or service determined by the spon-
sor or issuer, respectively, through use 
of any database that is determined, in 
accordance with rulemaking described 
in paragraph (2), to not have any con-
flicts of interest and to have sufficient 
information reflecting allowed amounts 
paid to a health care provider or facil-
ity for relevant services furnished in 
the applicable geographic region (such 
as a State all-payer claims database); 
‘‘(II) for an item or service fur-
nished in a subsequent year (before the 
first sufficient information year (as de-
fined in clause (v)(II)) for such item or 
service with respect to such plan or 
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4022 
coverage), means the rate determined 
under subclause (I) or this subclause, 
as applicable, for such item or service 
for the year previous to such subse-
quent year, increased by the percentage 
increase in the consumer price index 
for all urban consumers (United States 
city average) over such previous year; 
‘‘(III) for an item or service fur-
nished in the first sufficient informa-
tion year for such item or service with 
respect to such plan or coverage, has 
the meaning given the term qualifying 
payment amount in clause (i)(I), ex-
cept that in applying such clause to 
such item or service, the reference to 
‘furnished during 2022’ shall be treated 
as a reference to furnished during such 
first sufficient information year, the 
reference to ‘in 2019’ shall be treated 
as a reference to such sufficient infor-
mation year, and the increase de-
scribed in such clause shall not be ap-
plied; and 
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4023 
‘‘(IV) for an item or service fur-
nished in any year subsequent to the 
first sufficient information year for 
such item or service with respect to 
such plan or coverage, has the meaning 
given such term in clause (i)(II), ex-
cept that in applying such clause to 
such item or service, the reference to 
‘furnished during 2023 or a subsequent 
year’ shall be treated as a reference to 
furnished during the year after such 
first sufficient information year or a 
subsequent year. 
‘‘(iv) INSURANCE MARKET.—For pur-
poses of clause (i)(I), a health insurance 
market specified in this clause is one of the 
following: 
‘‘(I) The large group market 
(other than plans described in sub-
clause (III)). 
‘‘(II) The small group market 
(other than plans described in sub-
clause (III)). 
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4024 
‘‘(III) In the case of a self-insured 
group health plan, other self-insured 
group health plans. 
‘‘(v) DEFINITIONS.—For purposes of 
this subparagraph: 
‘‘(I) FIRST COVERAGE YEAR.—The 
term ‘first coverage year’ means, with 
respect to a group health plan or group 
health insurance coverage offered by a 
health insurance issuer and an item or 
service for which coverage is not offered 
in 2019 under such plan or coverage, 
the first year after 2019 for which cov-
erage for such item or service is offered 
under such plan or health insurance 
coverage. 
‘‘(II) FIRST
SUFFICIENT
INFOR-
MATION YEAR.—The term ‘first suffi-
cient information year’ means, with 
respect to a group health plan or group 
health insurance coverage offered by a 
health insurance issuer— 
‘‘(aa) in the case of an item 
or service for which the plan or 
coverage does not have sufficient 
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information to calculate the me-
dian of the contracted rates de-
scribed in clause (i)(I) in 2019, 
the first year subsequent to 2022 
for which such sponsor or issuer 
has such sufficient information to 
calculate the median of such con-
tracted rates in the year previous 
to such first subsequent year; and 
‘‘(bb) in the case of a newly 
covered item or service, the first 
year subsequent to the first cov-
erage year for such item or service 
with respect to such plan or cov-
erage for which the sponsor or 
issuer has sufficient information 
to calculate the median of the con-
tracted rates described in clause 
(i)(I) in the year previous to such 
first subsequent year. 
‘‘(III) NEWLY COVERED ITEM OR 
SERVICE.—The term ‘newly covered 
item or service’ means, with respect to 
a group health plan or health insur-
ance issuer offering group health insur-
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4026 
ance coverage, an item or service for 
which coverage was not offered in 2019 
under such plan or coverage, but is of-
fered under such plan or coverage in a 
year after 2019. 
‘‘(F) NONPARTICIPATING
EMERGENCY
FA-
CILITY; PARTICIPATING EMERGENCY FACILITY.— 
‘‘(i) NONPARTICIPATING
EMERGENCY 
FACILITY.—The 
term 
‘nonparticipating 
emergency facility’ means, with respect to 
an item or service and a group health plan 
or group health insurance coverage offered 
by a health insurance issuer, an emergency 
department of a hospital, or an independent 
freestanding emergency department, that 
does not have a contractual relationship di-
rectly or indirectly with the plan or issuer, 
respectively, for furnishing such item or 
service under the plan or coverage, respec-
tively. 
‘‘(ii) PARTICIPATING EMERGENCY FA-
CILITY.—The term ‘participating emergency 
facility’ means, with respect to an item or 
service and a group health plan or group 
health insurance coverage offered by a 
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4027 
health insurance issuer, an emergency de-
partment of a hospital, or an independent 
freestanding emergency department, that 
has a contractual relationship directly or 
indirectly with the plan or issuer, respec-
tively, with respect to the furnishing of such 
an item or service at such facility. 
‘‘(G) NONPARTICIPATING PROVIDERS; PAR-
TICIPATING PROVIDERS.— 
‘‘(i) NONPARTICIPATING
PROVIDER.— 
The 
term 
‘nonparticipating 
provider’ 
means, with respect to an item or service 
and a group health plan or group health in-
surance coverage offered by a health insur-
ance issuer, a physician or other health care 
provider who is acting within the scope of 
practice of that provider’s license or certifi-
cation under applicable State law and who 
does not have a contractual relationship 
with the plan or issuer, respectively, for fur-
nishing such item or service under the plan 
or coverage, respectively. 
‘‘(ii) PARTICIPATING
PROVIDER.—The 
term ‘participating provider’ means, with 
respect to an item or service and a group 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
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