II 
116TH CONGRESS 
2D SESSION 
H. R. 7575 
IN THE SENATE OF THE UNITED STATES 
JULY 30, 2020 
Received 
AN ACT 
To provide for improvements to the rivers and harbors of 
the United States, to provide for the conservation and 
development of water and related resources, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Water Resources Development Act of 2020’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Secretary defined. 
TITLE I—GENERAL PROVISIONS 
Sec. 101. Budgetary treatment expansion and adjustment for the Harbor Main-
tenance Trust Fund. 
Sec. 102. Funding for navigation. 
Sec. 103. Annual report to Congress on the Harbor Maintenance Trust Fund. 
Sec. 104. Additional measures at donor ports and energy transfer ports. 
Sec. 105. Assumption of maintenance of a locally preferred plan. 
Sec. 106. Coast Guard anchorages. 
Sec. 107. State contribution of funds for certain operation and maintenance 
costs. 
Sec. 108. Inland waterway projects. 
Sec. 109. Implementation of water resources principles and requirements. 
Sec. 110. Resiliency planning assistance. 
Sec. 111. Project consultation. 
Sec. 112. Review of resiliency assessments. 
Sec. 113. Small flood control projects. 
Sec. 114. Conforming amendment. 
Sec. 115. Feasibility studies; review of natural and nature-based features. 
Sec. 116. Report on corrosion prevention activities. 
Sec. 117. Quantification of benefits for flood risk management projects in seis-
mic zones. 
Sec. 118. Federal interest determination. 
Sec. 119. Economically disadvantaged community flood protection and hurri-
cane and storm damage reduction study pilot program. 
Sec. 120. Permanent measures to reduce emergency flood fighting needs for 
communities subject to repetitive flooding. 
Sec. 121. Emergency response to natural disasters. 
Sec. 122. Study on natural infrastructure at Corps of Engineers projects. 
Sec. 123. Review of Corps of Engineers assets. 
Sec. 124. Sense of Congress on multipurpose projects. 
Sec. 125. Beneficial reuse of dredged material; dredged material management 
plans. 
Sec. 126. Aquatic ecosystem restoration for anadromous fish. 
Sec. 127. Annual report to Congress. 
Sec. 128. Harmful algal bloom demonstration program. 
Sec. 129. Update on Invasive Species Policy Guidance. 
Sec. 130. Report on debris removal. 
Sec. 131. Missouri River interception-rearing complex construction. 
Sec. 132. Cost and benefit feasibility assessment. 
Sec. 133. Materials, services, and funds for repair, restoration, or rehabilitation 
of projects. 
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Sec. 134. Levee safety. 
Sec. 135. National Dam Safety Program. 
Sec. 136. Rehabilitation of Corps of Engineers constructed pump stations. 
Sec. 137. Non-Federal Project Implementation Pilot Program. 
Sec. 138. Definition of economically disadvantaged community. 
Sec. 139. Cost sharing provisions for territories and Indian Tribes. 
Sec. 140. Flood control and other purposes. 
Sec. 141. Review of contracting policies. 
Sec. 142. Buy America. 
Sec. 143. Annual report on status of feasibility studies. 
TITLE II—STUDIES AND REPORTS 
Sec. 201. Authorization of proposed feasibility studies. 
Sec. 202. Expedited completions. 
Sec. 203. Feasibility study modifications. 
Sec. 204. Selma, Alabama. 
Sec. 205. Comprehensive study of the Sacramento River, Yolo Bypass, Cali-
fornia. 
Sec. 206. Lake Okeechobee regulation schedule, Florida. 
Sec. 207. Great Lakes Coastal Resiliency Study. 
Sec. 208. Rathbun Lake, Chariton River, Iowa. 
Sec. 209. Report on the status of restoration in the Louisiana coastal area. 
Sec. 210. Lower Mississippi River comprehensive study. 
Sec. 211. Upper Mississippi River Comprehensive Plan. 
Sec. 212. Lower Missouri Basin Flood Risk and Resiliency Study, Iowa, Kan-
sas, Nebraska, and Missouri. 
Sec. 213. Portsmouth Harbor and Piscataqua River and Rye Harbor, New 
Hampshire. 
Sec. 214. Cougar and Detroit Dams, Willamette River Basin, Oregon. 
Sec. 215. Port Orford, Oregon. 
Sec. 216. Wilson Creek and Sloan Creek, Fairview, Texas. 
Sec. 217. GAO study on mitigation for water resources development projects. 
Sec. 218. GAO study on application of Harbor Maintenance Trust Fund ex-
penditures. 
Sec. 219. GAO study on administration of environmental banks. 
Sec. 220. Study on Corps of Engineers concessionaire agreements. 
Sec. 221. Study on water supply and water conservation at water resources de-
velopment projects. 
Sec. 222. PFAS review and inventory at Corps facilities. 
Sec. 223. Report on recreational facilities. 
TITLE III—DEAUTHORIZATIONS AND MODIFICATIONS 
Sec. 301. Deauthorization of inactive projects. 
Sec. 302. Abandoned and inactive noncoal mine restoration. 
Sec. 303. Tribal partnership program. 
Sec. 304. Lakes program. 
Sec. 305. Watercraft inspection stations. 
Sec. 306. Rehabilitation of Corps of Engineers constructed dams. 
Sec. 307. Chesapeake Bay Environmental Restoration and Protection Program. 
Sec. 308. Upper Mississippi River System Environmental Management Pro-
gram. 
Sec. 309. McClellan-Kerr Arkansas River Navigation System. 
Sec. 310. Ouachita-Black River Navigation Project, Arkansas. 
Sec. 311. Sacramento River, Glenn-Colusa, California. 
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Sec. 312. Lake Isabella, California. 
Sec. 313. Lower San Joaquin River flood control project. 
Sec. 314. San Diego River and Mission Bay, San Diego County, California. 
Sec. 315. San Francisco, California, Waterfront Area. 
Sec. 316. Western Pacific Interceptor Canal, Sacramento River, California. 
Sec. 317. Rio Grande Environmental Management Program, Colorado, New 
Mexico, and Texas. 
Sec. 318. New London Harbor Waterfront Channel, Connecticut. 
Sec. 319. Washington Harbor, District of Columbia. 
Sec. 320. Big Cypress Seminole Indian Reservation Water Conservation Plan, 
Florida. 
Sec. 321. Central Everglades, Florida. 
Sec. 322. Miami River, Florida. 
Sec. 323. Julian Keen, Jr. Lock and Dam, Moore Haven, Florida. 
Sec. 324. Taylor Creek Reservoir and Levee L–73 (Section 1), Upper St. Johns 
River Basin, Florida. 
Sec. 325. Calcasieu River and Pass, Louisiana. 
Sec. 326. San Juan-Chama project; Abiquiu Dam, New Mexico. 
Sec. 327. Pawcatuck River, Little Narragansett Bay and Watch Hill Cove, 
Rhode Island and Connecticut. 
Sec. 328. Harris County, Texas. 
Sec. 329. Cap Sante Waterway, Washington. 
Sec. 330. Regional sediment management. 
Sec. 331. Additional assistance for critical projects. 
Sec. 332. Project modification authorizations. 
Sec. 333. Application of credit. 
Sec. 334. Project reauthorizations. 
Sec. 335. Conveyances. 
Sec. 336. Repeals. 
TITLE IV—WATER RESOURCES INFRASTRUCTURE 
Sec. 401. Project authorizations. 
Sec. 402. Special rules. 
Sec. 403. Authorization of projects based on feasibility studies prepared by non- 
Federal interests. 
TITLE V—BUDGETARY EFFECTS 
Sec. 501. Determination of Budgetary Effects. 
SEC. 2. SECRETARY DEFINED. 
In this Act, the term ‘‘Secretary’’ means the Sec-
retary of the Army. 
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TITLE I—GENERAL PROVISIONS 
SEC. 101. BUDGETARY TREATMENT EXPANSION AND AD-
JUSTMENT FOR THE HARBOR MAINTENANCE 
TRUST FUND. 
(a) IN GENERAL.—Section 14003 of division B of the 
CARES Act (Public Law 116–136) is amended to read 
as follows: 
‘‘SEC. 14003. Section 251(b)(2) of the Balanced 
Budget and Emergency Deficit Control Act of 1985 (2 
U.S.C. 901(b)(2)) is amended by adding at the end the 
following: 
‘‘ ‘(H) HARBOR
MAINTENANCE
ACTIVI-
TIES.—If, for any fiscal year, appropriations for 
the Construction, Mississippi River and Tribu-
taries, and Operation and Maintenance ac-
counts of the Corps of Engineers are enacted 
that are derived from the Harbor Maintenance 
Trust Fund established under section 9505(a) 
of the Internal Revenue Code of 1986 and that 
the Congress designates in statute as being for 
harbor operations and maintenance activities, 
then the adjustment for that fiscal year shall be 
the total of such appropriations that are derived 
from such Fund and designated as being for 
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harbor operations and maintenance activi-
ties.’.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect as if included in the enact-
ment of the CARES Act (Public Law 116–136). 
SEC. 102. FUNDING FOR NAVIGATION. 
(a) FUNDING FOR NAVIGATION.—Section 210 of the 
Water Resources Development Act of 1986 (33 U.S.C. 
2238) is amended, in the section heading, by striking 
‘‘AUTHORIZATION OF APPROPRIATIONS’’ and insert-
ing ‘‘FUNDING FOR NAVIGATION’’. 
(b) OPERATION
AND MAINTENANCE
OF HARBOR 
PROJECTS.—Section 210(c) of the Water Resources De-
velopment Act of 1986 (33 U.S.C. 2238(c)) is amended— 
(1) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) IN GENERAL.—For each fiscal year, of the 
funds made available under this section (including 
funds appropriated from the Harbor Maintenance 
Trust Fund), the Secretary shall make expenditures 
to pay for operation and maintenance costs of the 
harbors and inland harbors referred to in subsection 
(a)(2), using— 
‘‘(A) not less than 20 percent of such 
funds for emerging harbor projects, to the ex-
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tent there are identifiable operations and main-
tenance needs, including eligible breakwater and 
jetty needs, at such harbor projects; 
‘‘(B) not less than 12 percent of such 
funds for projects that are located within the 
Great Lakes Navigation System; 
‘‘(C) 10 percent of such funds for ex-
panded uses carried out at donor ports, as such 
term is defined in section 2106 of the Water 
Resources Reform and Development Act of 
2014 (33 U.S.C. 2238c); and 
‘‘(D) any remaining funds for operation 
and maintenance costs of any harbor or inland 
harbor referred to in subsection (a)(2) based on 
an equitable allocation of such funds among 
such harbors and inland harbors.’’; 
(2) by amending paragraph (3) to read as fol-
lows: 
‘‘(3) ADDITIONAL
USES
AT
EMERGING
HAR-
BORS.— 
‘‘(A) IN
GENERAL.—In each fiscal year, 
the 
Secretary 
may 
use 
not 
more 
than 
$5,000,000 of funds designated for emerging 
harbor projects under paragraph (1)(A) to pay 
for the costs of up to 10 projects for mainte-
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nance dredging of a marina or berthing area, in 
an emerging harbor, that includes an area that 
is located adjacent to, or is accessible by, a 
Federal navigation project, subject to subpara-
graphs (B) and (C) of this paragraph. 
‘‘(B) ELIGIBLE
EMERGING
HARBORS.— 
The Secretary may use funds as authorized 
under subparagraph (A) at an emerging harbor 
that— 
‘‘(i) supports commercial activities, in-
cluding commercial fishing operations, 
commercial fish processing operations, rec-
reational and sport fishing, and commer-
cial boat yards; or 
‘‘(ii) supports activities of the Sec-
retary of the department in which the 
Coast Guard is operating. 
‘‘(C) 
COST-SHARING
REQUIREMENTS.— 
The Secretary shall require a non-Federal inter-
est to contribute not less than 25 percent of the 
costs for maintenance dredging of that portion 
of a maintenance dredging project described in 
subparagraph (A) that is located outside of the 
Federal navigation project, which may be pro-
vided as an in-kind contribution, including 
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through the use of dredge equipment owned by 
non-Federal interest to carry out such activi-
ties.’’; and 
(3) by adding at the end the following: 
‘‘(5) EMERGENCY EXPENDITURES.—Nothing in 
this subsection prohibits the Secretary from making 
an expenditure to pay for the operation and mainte-
nance costs of a specific harbor or inland harbor, in-
cluding the transfer of funding from the operation 
and maintenance of a separate project, if— 
‘‘(A) the Secretary determines that the ac-
tion is necessary to address the navigation 
needs of a harbor or inland harbor where safe 
navigation has been severely restricted due to 
an unforeseen event; and 
‘‘(B) the Secretary provides within 90 days 
of the action notice and information on the 
need for the action to the Committee on Envi-
ronment and Public Works and the Committee 
on Appropriations of the Senate and the Com-
mittee on Transportation and Infrastructure 
and the Committee on Appropriations of the 
House of Representatives.’’. 
(c) PRIORITIZATION.—Section 210 of the Water Re-
sources Development Act of 1986 (33 U.S.C. 2238) is 
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amended by striking subsection (d) and redesignating sub-
sections (e) and (f) as subsections (d) and (e), respectively. 
(d) ASSESSMENT OF HARBORS AND INLAND HAR-
BORS.—Section 210(d)(2)(A)(ii) of the Water Resources 
Development Act of 1986 (as so redesignated) is amended 
by striking ‘‘expanded uses at eligible harbors or inland 
harbors referred to in subsection (d)(2)’’ and inserting 
‘‘uses described in paragraphs (1)(C) and (3) of sub-
section (c)’’. 
(e) DEFINITIONS.—Section 210(e) of the Water Re-
sources Development Act of 1986 (as so redesignated) is 
amended— 
(1) by striking paragraphs (6) through (9); 
(2) by redesignating paragraphs (3) through 
(5) as paragraphs (4) through (6), respectively; 
(3) by striking paragraph (2) and inserting the 
following: 
‘‘(2) EMERGING HARBOR.—The term ‘emerging 
harbor’ means a harbor or inland harbor referred to 
in 
subsection 
(a)(2) 
that 
transits 
less 
than 
1,000,000 tons of cargo annually. 
‘‘(3) EMERGING HARBOR PROJECT.—The term 
‘emerging harbor project’ means a project that is as-
signed to an emerging harbor.’’; and 
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(4) in paragraph (4) (as so redesignated), by 
adding at the end the following: 
‘‘(C) An in-water improvement, if the im-
provement— 
‘‘(i) is for the seismic reinforcement of 
a wharf or other berthing structure, or the 
repair or replacement of a deteriorating 
wharf or other berthing structure, at a 
port facility; 
‘‘(ii) benefits commercial navigation at 
the harbor; and 
‘‘(iii) is located in, or adjacent to, a 
berth that is accessible to a Federal navi-
gation project. 
‘‘(D) An activity to maintain slope stability 
at a berth in a harbor that is accessible to a 
Federal navigation project if such activity bene-
fits commercial navigation at the harbor.’’. 
SEC. 103. ANNUAL REPORT TO CONGRESS ON THE HARBOR 
MAINTENANCE TRUST FUND. 
Section 330 of the Water Resources Development Act 
of 1992 (26 U.S.C. 9505 note; 106 Stat. 4851) is amend-
ed— 
(1) in subsection (a)— 
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(A) by striking ‘‘and annually thereafter,’’ 
and inserting ‘‘and annually thereafter concur-
rent with the submission of the President’s an-
nual budget request to Congress,’’; and 
(B) by striking ‘‘Public Works and Trans-
portation’’ and inserting ‘‘Transportation and 
Infrastructure’’; and 
(2) in subsection (b)(1) by adding at the end 
the following: 
‘‘(D) A description of the expected expend-
itures from the trust fund to meet the needs of 
navigation for the fiscal year of the budget re-
quest.’’. 
SEC. 104. ADDITIONAL MEASURES AT DONOR PORTS AND 
ENERGY TRANSFER PORTS. 
(a) DEFINITIONS.—Section 2106(a) of the Water Re-
sources Reform and Development Act of 2014 (33 U.S.C. 
2238c(a)) is amended— 
(1) in paragraph (3)(A)— 
(A) by amending clause (ii) to read as fol-
lows: 
‘‘(ii) at which the total amount of har-
bor maintenance taxes collected (including 
the estimated taxes related to domestic 
cargo and cruise passengers) comprise not 
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less than $15,000,000 annually of the total 
funding of the Harbor Maintenance Trust 
Fund in each of the previous 3 fiscal 
years;’’; 
(B) in clause (iii), by inserting ‘‘(including 
the estimated taxes related to domestic cargo 
and cruise passengers)’’ after ‘‘taxes collected’’; 
and 
(C) in clause (iv), by striking ‘‘fiscal year 
2012’’ and inserting ‘‘each of the previous 3 fis-
cal years’’; 
(2) in paragraph (5)(B), by striking ‘‘fiscal year 
2012’’ each place it appears and inserting ‘‘each of 
the previous 3 fiscal years’’; 
(3) by redesignating paragraph (8) as para-
graph (9) and inserting after paragraph (7) the fol-
lowing: 
‘‘(8) HARBOR MAINTENANCE TRUST FUND.— 
The term ‘Harbor Maintenance Trust Fund’ means 
the Harbor Maintenance Trust Fund established by 
section 9505 of the Internal Revenue Code of 
1986.’’; and 
(4) in paragraph (9), as so redesignated— 
(A) by amending subparagraph (B) to read 
as follows: 
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‘‘(B) at which the total amount of harbor 
maintenance taxes collected (including the esti-
mated taxes related to domestic cargo and 
cruise passengers) comprise annually more than 
$5,000,000 but less than $15,000,000 of the 
total funding of the Harbor Maintenance Trust 
Fund in each of the previous 3 fiscal years;’’; 
(B) in subparagraph (C), by inserting ‘‘(in-
cluding the estimated taxes related to domestic 
cargo and cruise passengers)’’ after ‘‘taxes col-
lected’’; and 
(C) in subparagraph (D), by striking ‘‘fis-
cal year 2012’’ and inserting ‘‘each of the pre-
vious 3 fiscal years’’. 
(b) REPORT TO CONGRESS; AUTHORIZATION OF AP-
PROPRIATIONS.—Section 2106 of the Water Resources 
Reform and Development Act of 2014 (33 U.S.C. 2238c) 
is amended— 
(1) by striking subsection (e) and redesignating 
subsections (f) and (g) as subsections (e) and (f), re-
spectively; and 
(2) in subsection (e), as so redesignated— 
(A) in paragraph (1), by striking ‘‘2020’’ 
and inserting ‘‘2030’’; and 
(B) by striking paragraph (3). 
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SEC. 105. ASSUMPTION OF MAINTENANCE OF A LOCALLY 
PREFERRED PLAN. 
Section 204(f) of the Water Resources Development 
Act of 1986 (33 U.S.C. 2232(f)) is amended to read as 
follows: 
‘‘(f) OPERATION AND MAINTENANCE.— 
‘‘(1) ASSUMPTION
OF
MAINTENANCE.—When-
ever a non-Federal interest carries out improvements 
to a federally authorized harbor or inland harbor, 
the Secretary shall be responsible for operation and 
maintenance in accordance with section 101(b) if— 
‘‘(A) before construction of the improve-
ments— 
‘‘(i) the Secretary determines that the 
improvements are feasible and consistent 
with the purposes of this title; and 
‘‘(ii) the Secretary and the non-Fed-
eral interest execute a written agreement 
relating to operation and maintenance of 
the improvements; 
‘‘(B) the Secretary certifies that the 
project or separable element of the project is 
constructed in accordance with applicable per-
mits and appropriate engineering and design 
standards; and 
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‘‘(C) the Secretary does not find that the 
project or separable element is no longer fea-
sible. 
‘‘(2) FEDERAL
FINANCIAL
PARTICIPATION
IN 
THE COSTS OF A LOCALLY PREFERRED PLAN.—In 
the case of improvements determined by the Sec-
retary pursuant to paragraph (1)(A)(i) to deviate 
from the national economic development plan, the 
Secretary shall be responsible for all operation and 
maintenance costs of such improvements, as de-
scribed in section 101(b), including costs in excess 
of the costs of the national economic development 
plan, if the Secretary determines that the improve-
ments satisfy the requirements of paragraph (1).’’. 
SEC. 106. COAST GUARD ANCHORAGES. 
The Secretary is authorized to perform dredging at 
Federal expense within and adjacent to anchorages on the 
Columbia River established by the Coast Guard pursuant 
to section 7 of the Act of March 14, 1915 (33 U.S.C. 471), 
to provide safe anchorage for deep draft vessels commen-
surate with the authorized Federal navigation channel 
depth, including advanced maintenance. 
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SEC. 107. STATE CONTRIBUTION OF FUNDS FOR CERTAIN 
OPERATION AND MAINTENANCE COSTS. 
In carrying out eligible operations and maintenance 
activities within the Great Lakes Navigation System pur-
suant to section 210 of the Water Resources Development 
Act of 1986 (33 U.S.C. 2238) in a State that has imple-
mented any additional State limitation on the disposal of 
dredged material in the open waters of such State, the 
Secretary may, pursuant to section 5 of the Act of June 
22, 1936 (33 U.S.C. 701h), receive from such State, and 
expend, such funds as may be contributed by the State 
to cover the additional costs for operations and mainte-
nance activities for a harbor or inland harbor within such 
State that result from such limitation. 
SEC. 108. INLAND WATERWAY PROJECTS. 
(a) IN GENERAL.—Notwithstanding section 102 of 
the Water Resources Development Act of 1986 (33 U.S.C. 
2212), 35 percent of the costs of construction of any 
project for navigation on the inland waterways shall be 
paid from amounts appropriated from the Inland Water-
ways Trust Fund— 
(1) during each of fiscal years 2021 through 
2027; and 
(2) for a project the construction of which is 
initiated during such period, in each fiscal year until 
such construction is complete. 
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(b) PRIORITIZATION.—In selecting projects described 
in subsection (a) for which to initiate construction during 
any of fiscal years 2021 through 2027, the Secretary shall 
prioritize projects that are included in the most recent 20- 
year program for making capital investments developed 
under section 302(d) of the Water Resources Development 
Act of 1986 (33 U.S.C. 2251(d)). 
SEC. 109. IMPLEMENTATION OF WATER RESOURCES PRIN-
CIPLES AND REQUIREMENTS. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary shall issue 
final agency-specific procedures necessary to implement 
the principles and requirements and the interagency 
guidelines. 
(b) DEVELOPMENT OF FUTURE WATER RESOURCES 
DEVELOPMENT PROJECTS.—The procedures required by 
subsection (a) shall ensure that the Secretary, in the for-
mulation of future water resources development projects— 
(1) develops such projects in accordance with— 
(A) the guiding principles established by 
the principles and requirements; and 
(B) the national water resources planning 
policy established by section 2031(a) of the 
Water Resources Development Act of 2007 (42 
U.S.C. 1962–3(a)); and 
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(2) fully identifies and analyzes national eco-
nomic development benefits, regional economic devel-
opment benefits, environmental quality benefits, and 
other societal effects. 
(c) REVIEW AND UPDATE.—Every 5 years, the Sec-
retary shall review and, where appropriate, revise the pro-
cedures required by subsection (a). 
(d) PUBLIC REVIEW, NOTICE, AND COMMENT.—In 
issuing, reviewing, and revising the procedures required by 
this section, the Secretary shall— 
(1) provide notice to interested non-Federal 
stakeholders of the Secretary’s intent to revise the 
procedures; 
(2) provide opportunities for interested non- 
Federal stakeholders to engage with, and provide 
input and recommendations to, the Secretary on the 
revision of the procedures; and 
(3) solicit and consider public and expert com-
ments. 
(e) DEFINITIONS.—In this section: 
(1) INTERAGENCY
GUIDELINES.—The term 
‘‘interagency guidelines’’ means the interagency 
guidelines contained in the document finalized by 
the Council on Environmental Quality pursuant to 
section 2031 of the Water Resources Development 
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Act of 2007 (42 U.S.C. 1962–3) in December 2014, 
to implement the principles and requirements. 
(2) PRINCIPLES
AND
REQUIREMENTS.—The 
term ‘‘principles and requirements’’ means the prin-
ciples and requirements contained in the document 
prepared by the Council on Environmental Quality 
pursuant to section 2031 of the Water Resources 
Development Act of 2007 (42 U.S.C. 1962–3), enti-
tled ‘‘Principles and Requirements for Federal In-
vestments in Water Resources’’, and dated March 
2013. 
SEC. 110. RESILIENCY PLANNING ASSISTANCE. 
(a) IN GENERAL.—Section 206(a) of the Flood Con-
trol Act of 1960 (33 U.S.C. 709a(a)) is amended by in-
serting ‘‘, to avoid repetitive flooding impacts, to antici-
pate, prepare, and adapt to changing climatic conditions 
and extreme weather events, and to withstand, respond to, 
and recover rapidly from disruption due to the flood haz-
ards’’ after ‘‘in planning to ameliorate the flood hazard’’. 
(b) PRIORITIZING FLOOD RISK RESILIENCY TECH-
NICAL ASSISTANCE FOR ECONOMICALLY DISADVANTAGED 
COMMUNITIES.—In carrying out section 206 of the Flood 
Control Act of 1960 (33 U.S.C. 709a), the Secretary shall 
prioritize the provision of technical assistance to support 
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flood risk resiliency planning efforts of an economically 
disadvantaged community. 
SEC. 111. PROJECT CONSULTATION. 
(a) REPORTS REQUIRED.—Not later than 180 days 
after the date of enactment of this Act, the Secretary shall 
submit the following reports: 
(1) The report required under section 1214 of 
the Water Resources Development Act of 2018 (132 
Stat. 3809). 
(2) 
The 
report 
required 
under 
section 
1120(a)(3) of the Water Resources Development Act 
of 2016 (130 Stat. 1643). 
(b) CONSULTATION.— 
(1) AGENCIES
AND
TRIBES.—The Secretary 
shall ensure that all covered community consultation 
policies, regulations, and guidance of the Corps of 
Engineers continue to be implemented, and that con-
sultations with Federal and State agencies and In-
dian Tribes required for a water resources develop-
ment project are carried out. 
(2) COMMUNITIES.—The Secretary shall ensure 
that any covered communities, including such com-
munities identified in the reports submitted under 
subsection (a), that are found to be disproportion-
ately or adversely affected are included in consulta-
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tion policies, regulations, and guidance of the Corps 
of Engineers. 
(3) PROJECT PLANNING AND CONSTRUCTION.— 
The Secretary shall ensure that covered communities 
are consulted in the development of water resources 
development project planning and construction, for 
the purposes of achieving environmental justice and 
addressing any disproportionate or adverse effects 
on such communities. 
(c) ENVIRONMENTAL JUSTICE UPDATES.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary 
shall update any policies, regulations, and guidance 
of the Corps of Engineers related to achieving envi-
ronmental justice for covered communities. 
(2) RECOMMENDATIONS AND CONSULTATION.— 
In carrying out paragraph (1), the Secretary shall— 
(A) consult with a wide array of represent-
atives of covered communities; and 
(B) use the recommendations from the re-
ports submitted under subsection (a). 
(d) COMMUNITY ENGAGEMENT.—The Secretary shall 
ensure that in carrying out authorized water resources de-
velopment projects in, and all other activities of the Corps 
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of Engineers related to, covered communities, the Corps 
of Engineers— 
(1) promotes the meaningful involvement of 
such communities in the project development and 
implementation, enforcement efforts, and other ac-
tivities of the Corps of Engineers; 
(2) provides guidance and technical assistance 
to such communities to increase understanding of 
the project development and implementation activi-
ties, regulations, and policies of the Corps of Engi-
neers; and 
(3) cooperates with State, Tribal, and local gov-
ernments with respect to activities carried out pur-
suant to this subsection. 
(e) TRIBAL LANDS AND CONSULTATION.—The Sec-
retary shall ensure that in carrying out authorized water 
resources development projects and in all other activities 
of the Corps of Engineers, that the Corps of Engineers— 
(1)(A) consults with Indian Tribes specifically 
on any Tribal lands near or adjacent to any activi-
ties of the Corps of Engineers, for purposes of iden-
tifying lands of ancestral, cultural, or religious im-
portance; and 
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(B) cooperates with Indian Tribes to avoid, or 
otherwise find alternate solutions with respect to, 
such lands; and 
(2)(A) consults with Indian Tribes specifically 
on any Tribal areas near or adjacent to any activi-
ties of the Corps of Engineers, for purposes of iden-
tifying lands, waters, and other resources critical to 
the livelihood of the Indian Tribes; and 
(B) cooperates with Indian Tribes to avoid, or 
otherwise find alternate solutions with respect to, 
such areas. 
(f) DEFINITIONS.—In this section: 
(1) COMMUNITY OF COLOR.—The term ‘‘com-
munity of color’’ means a community of individuals 
who are— 
(A) American Indian or Alaska Native; 
(B) Asian or Pacific Islander; 
(C) Black, not of Hispanic origin; or 
(D) Hispanic. 
(2) COVERED COMMUNITY.—The term ‘‘covered 
community’’ means each of the following: 
(A) A community of color. 
(B) An economically disadvantaged com-
munity. 
(C) A rural community. 
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(D) A Tribal or indigenous community. 
(3) STATE.—The term ‘‘State’’ means each of 
the several States, the District of Columbia, and 
each of the commonwealths, territories, and posses-
sions of the United States. 
SEC. 112. REVIEW OF RESILIENCY ASSESSMENTS. 
(a) RESILIENCY ASSESSMENT.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this section, and in 
conjunction with the development of procedures 
under section 109 of this Act, the Secretary is di-
rected to review, and where appropriate, revise the 
existing planning guidance documents and regula-
tions on the assessment of the effects of sea level 
rise on future water resources development projects 
to ensure that such guidance documents and regula-
tions are based on the best available, peer-reviewed 
science and data on the current and future effects 
of sea level rise on coastal communities. 
(2) COORDINATION.—In carrying out this sub-
section, the Secretary shall— 
(A) coordinate the review with the Engi-
neer Research and Development Center, other 
Federal and State agencies, and other relevant 
entities; and 
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(B) to the maximum extent practicable and 
where appropriate, utilize data provided to the 
Secretary by such agencies. 
(b) ASSESSMENT OF BENEFITS OF SEA LEVEL RISE 
RESILIENCY IN FEASIBILITY REPORTS.— 
(1) IN GENERAL.—Upon the request of a non- 
Federal interest, in carrying out a feasibility study 
for a project for flood risk mitigation, hurricane and 
storm damage risk reduction, or ecosystem restora-
tion under section 905 of the Water Resources De-
velopment Act of 1986 (33 U.S.C. 2282), the Sec-
retary shall consider whether the need for the 
project is predicated upon or exacerbated by condi-
tions related to sea level rise. 
(2) SEA LEVEL RISE RESILIENCY BENEFITS.— 
To the maximum extent practicable, in carrying out 
a study pursuant to paragraph (1), the Secretary 
shall document the potential effects of sea level rise 
on the project, and benefits of the project relating 
to sea level rise, during the 50-year period after the 
date of completion of the project. 
SEC. 113. SMALL FLOOD CONTROL PROJECTS. 
Section 205 of the Flood Control Act of 1948 (33 
U.S.C. 701s) is amended by inserting ‘‘, and projects that 
use natural features or nature-based features (as those 
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terms are defined in section 1184(a) of the Water Re-
sources Development Act of 2016 (33 U.S.C. 2289a(a))),’’ 
after ‘‘nonstructural projects’’. 
SEC. 114. CONFORMING AMENDMENT. 
Section 103(b) of the Water Resources Development 
Act of 1986 (33 U.S.C. 2213) is amended— 
(1) in the subsection heading, by striking 
‘‘NONSTRUCTURAL
FLOOD
CONTROL
PROJECTS’’ 
and inserting ‘‘PROJECTS USING NONSTRUCTURAL, 
NATURAL, OR NATURE-BASED FEATURES’’; and 
(2) in paragraph (1)— 
(A) by striking ‘‘nonstructural flood con-
trol measures’’ and inserting ‘‘a flood risk man-
agement or hurricane and storm damage risk 
reduction measure using a nonstructural fea-
ture, or a natural feature or nature-based fea-
ture (as those terms are defined in section 
1184(a) of the Water Resources Development 
Act of 2016 (33 U.S.C. 2289a(a))),’’; and 
(B) by striking ‘‘cash during construction 
of the project’’ and inserting ‘‘cash during con-
struction for a nonstructural feature if the costs 
of land, easements, rights-of-way, dredged ma-
terial disposal areas, and relocations for such 
feature are estimated to exceed 35 percent’’. 
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SEC. 115. FEASIBILITY STUDIES; REVIEW OF NATURAL AND 
NATURE-BASED FEATURES. 
(a) TECHNICAL CORRECTION.—Section 1149(c) of 
the Water Resources Development Act of 2018 (33 U.S.C. 
2282 note; 132 Stat. 3787) is amended by striking ‘‘nat-
ural infrastructure alternatives’’ and inserting ‘‘natural 
feature or nature-based feature alternatives (as such 
terms are defined in section 1184 of the Water Resources 
Development Act of 2016 (32 U.S.C. 2289a))’’. 
(b) SUMMARY OF ANALYSIS.—To the maximum ex-
tent practicable, the Secretary shall include in each feasi-
bility report developed under section 905 of the Water Re-
sources Development Act of 1986 (33 U.S.C. 2282) for 
a project that contains a flood risk management or hurri-
cane and storm damage risk reduction element, a sum-
mary of the natural feature or nature-based feature alter-
natives that were evaluated in the development of the fea-
sibility report, and, if such alternatives were not included 
in the recommended plan, an explanation of why such al-
ternatives were not included into the recommended plan. 
SEC. 116. REPORT ON CORROSION PREVENTION ACTIVI-
TIES. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary shall submit to the Committee 
on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and 
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Public Works of the Senate, and make publicly available, 
a report that describes— 
(1) the extent to which the Secretary has car-
ried out section 1033 of the Water Resources Re-
form and Development Act of 2014 (33 U.S.C. 
2350); 
(2) the extent to which the Secretary has incor-
porated corrosion prevention activities (as defined in 
such section) at water resources development 
projects constructed or maintained by the Secretary 
since the date of enactment of such section; and 
(3) in instances where the Secretary has not in-
corporated corrosion prevention activities at such 
water resources development projects since such 
date, an explanation as to why such corrosion pre-
vention activities have not been incorporated. 
SEC. 117. QUANTIFICATION OF BENEFITS FOR FLOOD RISK 
MANAGEMENT PROJECTS IN SEISMIC ZONES. 
(a) IN GENERAL.—Upon the request of the non-Fed-
eral interest for a flood risk management project in a seis-
mic zone, the Secretary shall quantify the seismic hazard 
risk reduction benefits for the project if the non-Federal 
interest identifies, and the Secretary approves, an accept-
able methodology to quantify such benefits. 
(b) APPLICABILITY.—The Secretary shall— 
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(1) include all associated seismic hazard risk re-
duction benefits approved by the Secretary in the 
calculation of the national economic development 
benefit-cost ratio for a flood risk management 
project in a seismic hazard zone for purposes of plan 
formulation pursuant to section 905 of the Water 
Resources Development Act of 1986; and 
(2) seek to maximize the combination of flood 
risk reduction and seismic hazard risk reduction 
benefits in the formulation of the national economic 
development alternative for such project. 
SEC. 118. FEDERAL INTEREST DETERMINATION. 
Section 905 of the Water Resources Development Act 
of 1986 (33 U.S.C. 2282) is amended by inserting after 
subsection (a) the following: 
‘‘(b) FEDERAL INTEREST DETERMINATION.— 
‘‘(1) IN GENERAL.—In preparing a feasibility 
report under subsection (a) for a study that will ben-
efit an economically disadvantaged community, upon 
request by the non-Federal interest for the study, 
the Secretary shall first determine the Federal inter-
est in carrying out the study and the projects that 
may be proposed in the study. 
‘‘(2) COST SHARE.—The costs of a determina-
tion under paragraph (1)— 
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‘‘(A) shall be at Federal expense; and 
‘‘(B) shall not exceed $200,000. 
‘‘(3) DEADLINE.—A determination under para-
graph (1) shall be completed by not later than 120 
days after the date on which funds are made avail-
able to the Secretary to carry out the determination. 
‘‘(4) TREATMENT.— 
‘‘(A) TIMING.—The period during which a 
determination is being completed under para-
graph (1) for a study shall not be included for 
purposes of the deadline to complete a final fea-
sibility report under section 1001(a)(1) of the 
Water Resources Reform and Development Act 
of 2014 (33 U.S.C. 2282c(a)(1)). 
‘‘(B) COST.—The cost of a determination 
under paragraph (1) shall not be included for 
purposes of the maximum Federal cost under 
section 1001(a)(2) of the Water Resources Re-
form and Development Act of 2014 (33 U.S.C. 
2282c(a)(2)). 
‘‘(5) REPORT TO NON-FEDERAL INTEREST.—If, 
based on a determination under paragraph (1), the 
Secretary determines that a study or project is not 
in the Federal interest because the project will not 
result, or is unlikely to result, in a recommended 
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plan that will produce national economic develop-
ment benefits greater than cost, but may result in 
a technically sound and environmentally acceptable 
plan that is otherwise consistent with section 904 of 
the Water Resources Development Act of 1986 (33 
U.S.C. 2281), the Secretary shall issue a report to 
the non-Federal interest with recommendations on 
how the non-Federal interest might modify the pro-
posal such that the project could be in the Federal 
interest and feasible.’’. 
SEC. 119. ECONOMICALLY DISADVANTAGED COMMUNITY 
FLOOD PROTECTION AND HURRICANE AND 
STORM DAMAGE REDUCTION STUDY PILOT 
PROGRAM. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary shall establish 
and implement a pilot program to evaluate opportunities 
to address the flood risk management and hurricane and 
storm damage risk reduction needs of economically dis-
advantaged communities. 
(b) PARTICIPATION
IN PILOT PROGRAM.—In car-
rying out subsection (a), the Secretary shall— 
(1) publish a notice in the Federal Register 
that requests from non-Federal interests proposals 
for the potential feasibility study of a flood risk 
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management project or hurricane and storm damage 
risk reduction project for an economically disadvan-
taged community; 
(2) upon request of a non-Federal interest for 
such a project, provide technical assistance to such 
non-Federal interest in the formulation of a proposal 
for a potential feasibility study to be submitted to 
the Secretary under the pilot program; and 
(3) review such proposals and select 10 feasi-
bility studies for such projects to be carried out by 
the Secretary, in coordination with the non-Federal 
interest, under this pilot program. 
(c) SELECTION CRITERIA.—In selecting a feasibility 
study under subsection (b)(3), the Secretary shall consider 
whether— 
(1) the percentage of people living in poverty in 
the county or counties (or county-equivalent entity 
or entities) in which the project is located is above 
the percentage of people living in poverty in the 
State, based on census bureau data; 
(2) the percentage of families with income 
above the poverty threshold but below the average 
household income in the county or counties (or coun-
ty-equivalent entity or entities) in which the project 
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is located is above the percentage of the same for 
the State, based on census bureau data; 
(3) the percentage of the population that identi-
fies as belonging to a minority or indigenous group 
in the county or counties (or county-equivalent enti-
ty or entities) in which the project is located is above 
the average percentage in the State, based on census 
bureau data; and 
(4) the project is addressing flooding or hurri-
cane or storm damage effects that have a dispropor-
tionate impact on a rural community or a commu-
nity of color (as such term is defined in section 111 
of this Act), including Tribal or indigenous peoples. 
(d) ADMINISTRATION.—Notwithstanding the require-
ments of section 105(a)(1)(A) of the Water Resources De-
velopment Act of 1986 (33 U.S.C. 2215), the Federal 
share of the cost of a feasibility study carried out under 
the pilot program shall be 100 percent. 
(e) GEOGRAPHIC DIVERSITY.—When selecting feasi-
bility studies under subsection (b)(3), the Secretary shall 
consider the geographic diversity among proposed 
projects. 
(f) STUDY REQUIREMENTS.—Feasibility studies car-
ried out under this subsection shall, to the maximum ex-
tent practical, incorporate natural features or nature- 
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based features (as such terms are defined in section 1184 
of the Water Resources Development Act of 2016 (33 
U.S.C. 2289a)), or a combination of such features and 
nonstructural features, that avoid or reduce at least 50 
percent of flood or storm damages in one or more of the 
alternatives included in the final alternatives evaluated. 
(g) NOTIFICATION.—The Secretary shall notify the 
Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Environ-
ment and Public Works of the Senate of the selection of 
each feasibility study under the pilot program. 
(h) COMPLETION.—Upon completion of a feasibility 
report for a feasibility study selected to be carried out 
under this section, the Secretary shall transmit the report 
to Congress for authorization, and shall include the report 
in the next annual report submitted under section 7001 
of the Water Resources Reform and Development Act of 
2014 (33 U.S.C. 2282d). 
(i) SUNSET.—The authority to commence a feasi-
bility study under this section shall terminate on the date 
that is 10 years after the date of enactment of this Act. 
(j) REPORT.—Not later than 5 years and 10 years 
after the date of enactment of this Act, the Secretary shall 
submit to the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
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mittee on Environment and Public Works of the Senate, 
and make publicly available, a report detailing the results 
of the pilot program carried out under this section, includ-
ing— 
(1) a description of proposals received from 
non-Federal interests pursuant to subsection (b)(1); 
(2) a description of technical assistance pro-
vided to non-Federal interests under subsection 
(b)(2); and 
(3) a description of proposals selected under 
subsection (b)(3) and criteria used to select such 
proposals. 
(k) STATE DEFINED.—In this section, the term 
‘‘State’’ means each of the several States, the District of 
Columbia, and each of the commonwealths, territories, and 
possessions of the United States. 
SEC. 120. PERMANENT MEASURES TO REDUCE EMERGENCY 
FLOOD FIGHTING NEEDS FOR COMMUNITIES 
SUBJECT TO REPETITIVE FLOODING. 
(a) DEFINITIONS.—In this section: 
(1) AFFECTED
COMMUNITY.—The term ‘‘af-
fected community’’ means a legally constituted pub-
lic body (as that term is used in section 221(b) of 
the Flood Control Act of 1970 (42 U.S.C. 1962d– 
5b(b))— 
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(A) with jurisdiction over an area that has 
been subject to flooding in two or more events 
in any 10-year period; and 
(B) that has received emergency flood- 
fighting assistance, including construction of 
temporary barriers by the Secretary, under sec-
tion 5 of the Act of August 18, 1941 (33 
U.S.C. 701n) with respect to such flood events. 
(2) NATURAL FEATURE; NATURE-BASED FEA-
TURE.—The terms ‘‘natural feature’’ and ‘‘nature- 
based feature’’ have the meanings given those terms 
in section 1184 of the Water Resources Development 
Act of 2016 (33 U.S.C. 2289a). 
(b) PROGRAM.— 
(1) IN GENERAL.—The Secretary is authorized 
to carry out a program to study, design, and con-
struct water resources development projects through 
measures involving, among other things, strength-
ening, raising, extending, realigning, or otherwise 
modifying existing flood control works, designing 
new works, and incorporating natural features, na-
ture-based features, or nonstructural features, as ap-
propriate to provide flood and coastal storm risk 
management to affected communities. 
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(2) CONSIDERATIONS.—In carrying out para-
graph (1), the Secretary shall, to the maximum ex-
tent practical, review and, where appropriate, incor-
porate natural features or nature-based features, or 
a combination of such features and nonstructural 
features, that avoid or reduce at least 50 percent of 
flood or storm damages in one or more of the alter-
natives included in the final alternatives evaluated. 
(3) CONSTRUCTION.— 
(A) IN
GENERAL.—The Secretary may 
carry out a project described in paragraph (1) 
without further congressional authorization if— 
(i) the Secretary determines that the 
project— 
(I) is advisable to reduce the risk 
of flooding for an affected community; 
and 
(II) produces benefits that are in 
excess of the estimated costs; and 
(ii) the Federal share of the cost of 
the 
construction 
does 
not 
exceed 
$15,000,000. 
(B) SPECIFIC
AUTHORIZATION.—If the 
Federal share of the cost of a project described 
in paragraph (1) exceeds $15,000,000, the Sec-
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retary shall submit the project recommendation 
to Congress for authorization prior to construc-
tion, and shall include the project recommenda-
tion in the next annual report submitted under 
section 7001 of the Water Resources Reform 
and Development Act of 2014. 
(C) FINANCING.— 
(i) CONTRIBUTIONS.—If, based on a 
study carried out pursuant to paragraph 
(1), the Secretary determines that a 
project described in paragraph (1) will not 
produce benefits greater than cost, the 
Secretary shall allow the affected commu-
nity to pay, or provide contributions equal 
to, an amount sufficient to make the re-
maining costs of design and construction 
of the project equal to the estimated value 
of the benefits of the project. 
(ii) 
EFFECT
ON
NON-FEDERAL 
SHARE.—Amounts provided by an affected 
community under clause (i) shall be in ad-
dition to any payments or contributions 
the affected community is required to pro-
vide toward the remaining costs of design 
and construction of the project under sec-
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tion 103 of the Water Resources Develop-
ment Act of 1986 (33 U.S.C. 2213). 
(4) ABILITY TO PAY.— 
(A) IN GENERAL.—Any cost-sharing agree-
ment for a project entered into pursuant to this 
section shall be subject to the ability of the af-
fected community to pay. 
(B) DETERMINATION.—The ability of any 
affected community to pay shall be determined 
by the Secretary in accordance with procedures 
established by the Secretary. 
(C) EFFECT OF REDUCTION.—Any reduc-
tion in the non-Federal share of the cost of a 
project described in paragraph (1) as a result 
of a determination under this paragraph shall 
not be included in the Federal share for pur-
poses of subparagraphs (A) and (B) of para-
graph (3). 
SEC. 121. EMERGENCY RESPONSE TO NATURAL DISASTERS. 
(a) IN GENERAL.—Section 5 of the Act of August 
18, 1941 (33 U.S.C. 701n) is amended— 
(1) in subsection (a), by adding at the end the 
following— 
‘‘(5) FEASIBILITY STUDY.— 
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‘‘(A) DETERMINATION.—Not later than 
180 days after receiving, from a non-Federal 
sponsor of a project to repair or rehabilitate a 
flood control work described in paragraph (1), 
a request to initiate a feasibility study to fur-
ther modify the relevant flood control work to 
provide for an increased level of protection, the 
Secretary shall provide to the non-Federal spon-
sor a written decision on whether the Secretary 
has the authority under section 216 of the 
Flood Control Act of 1970 (33 U.S.C. 549a) to 
undertake the requested feasibility study. 
‘‘(B) RECOMMENDATION.—If the Secretary 
determines under subparagraph (B) that the 
Secretary does not have the authority to under-
take the requested feasibility study, the Sec-
retary shall include the request for a feasibility 
study in the annual report submitted under sec-
tion 7001 of the Water Resources Reform and 
Development Act of 2014.’’; 
(2) in subsection (c)— 
(A) in the subsection heading, by striking 
‘‘LEVEE
OWNERS
MANUAL’’ and inserting 
‘‘ELIGIBILITY’’; 
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(B) in paragraph (1), in the heading, by 
striking ‘‘IN GENERAL’’ and inserting ‘‘LEVEE 
OWNER’S MANUAL’’; 
(C) by redesignating paragraphs (2) and 
(3) as paragraphs (3) and (4), respectively, and 
inserting after paragraph (1) the following: 
‘‘(2) COMPLIANCE.— 
‘‘(A) IN
GENERAL.—Notwithstanding the 
status of compliance of a non-Federal interest 
with the requirements of a levee owner’s man-
ual described in paragraph (1), or with any 
other eligibility requirement established by the 
Secretary related to the maintenance and up-
keep responsibilities of the non-Federal interest, 
the Secretary shall consider the non-Federal in-
terest to be eligible for repair and rehabilitation 
assistance under this section if the non-Federal 
interest— 
‘‘(i) enters into a written agreement 
with the Secretary that identifies any items 
of deferred or inadequate maintenance and 
upkeep identified by the Secretary prior to 
the natural disaster; and 
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‘‘(ii) pays, during performance of the 
repair and rehabilitation work, all costs to 
address— 
‘‘(I) any items of deferred or in-
adequate maintenance and upkeep 
identified by the Secretary; and 
‘‘(II) any repair or rehabilitation 
work necessary to address damage the 
Secretary attributes to such deferred 
or inadequate maintenance or upkeep. 
‘‘(B) ELIGIBILITY.—The Secretary may 
only enter into one agreement under subpara-
graph (A) with any non-Federal interest. 
‘‘(C) SUNSET.—The authority of the Sec-
retary to enter into agreements under para-
graph (2) shall terminate on the date that is 5 
years after the date of enactment of this para-
graph.’’; and 
(D) in paragraph (3) (as so redesignated), 
by striking ‘‘this subsection’’ and inserting 
‘‘paragraph (1)’’. 
SEC. 122. STUDY ON NATURAL INFRASTRUCTURE AT CORPS 
OF ENGINEERS PROJECTS. 
(a) DEFINITION OF NATURAL FEATURE AND NA-
TURE-BASED FEATURE.—In this section, the terms ‘‘nat-
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ural feature’’ and ‘‘nature-based feature’’ have the mean-
ings given those terms in section 1184(a) of the Water 
Resources Development Act of 2016 (33 U.S.C. 
2289a(a)). 
(b) STUDY.—Not later than 2 years after the date 
of enactment of this Act, the Comptroller General of the 
United States shall conduct, and submit to the Committee 
on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and 
Public Works of the Senate, a report on the results of 
a study on the consideration by the Secretary of natural 
infrastructure, natural features, and nature-based fea-
tures in the study of the feasibility of projects for flood 
risk management, hurricane and storm damage risk re-
duction, and ecosystem restoration. 
(c) REQUIREMENTS.—The study under subsection 
(b) shall include— 
(1) a description of guidance or instructions 
issued, and other measures taken, by the Secretary 
to consider natural infrastructure, natural features, 
and nature-based features in project feasibility stud-
ies; 
(2) an assessment, based on information from 
relevant Federal and non-Federal sources, of— 
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(A) the costs, benefits, and effects associ-
ated with natural infrastructure, natural fea-
tures, and nature-based features recommended 
by the Secretary for flood risk management, 
hurricane and storm damage risk reduction, 
and ecosystem restoration; and 
(B) the effectiveness of natural infrastruc-
ture, natural features, and nature-based fea-
tures; 
(3) an analysis of projects for flood risk man-
agement, hurricane and storm damage risk reduc-
tion, and ecosystem restoration that have incor-
porated natural infrastructure, natural features, or 
nature-based features to identify best practices, in-
cluding for measuring project benefits and costs; 
(4) a description of any statutory, fiscal, regu-
latory, or other policy barriers to the appropriate 
consideration and use of a full array of natural in-
frastructure, natural features, and nature-based fea-
tures in carrying out feasibility studies and projects; 
and 
(5) any recommendations for changes to law, or 
to fiscal, regulatory, or other policies, to improve the 
use of natural infrastructure, natural features, and 
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nature-based features by the Corps of Engineers in 
carrying out feasibility studies and projects. 
SEC. 123. REVIEW OF CORPS OF ENGINEERS ASSETS. 
Section 6002 of the Water Resources Reform and De-
velopment Act of 2014 (128 Stat. 1349) is amended to 
read as follows: 
‘‘SEC. 6002. REVIEW OF CORPS OF ENGINEERS ASSETS. 
‘‘(a) ASSESSMENT.—The Secretary shall conduct an 
assessment of projects constructed by the Secretary for 
which the Secretary continues to have financial or oper-
ational responsibility. 
‘‘(b) INVENTORY.—Not later than 18 months after 
the date of enactment of the Water Resources Develop-
ment Act of 2020, the Secretary shall, based on the as-
sessment carried out under subsection (a), develop an in-
ventory of projects or portions of projects— 
‘‘(1) that are not needed for the missions of the 
Corps of Engineers; 
‘‘(2) the modification of which, including 
though the use of natural features or nature-based 
features (as those terms are defined in section 
1184(a) of the Water Resources Development Act of 
2016 (33 U.S.C. 2289a(a)), could improve the sus-
tainable operations of the project, or reduce oper-
ation and maintenance costs for the project; or 
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‘‘(3) that are no longer having project purposes 
adequately met by the Corps of Engineers, because 
of deferment of maintenance or other challenges, 
and the divestment of which to a non-Federal entity 
could better meet the local and regional needs for 
operation and maintenance. 
‘‘(c) CRITERIA.—In conducting the assessment under 
subsection (a) and developing the inventory under sub-
section (b), the Secretary shall use the following criteria: 
‘‘(1) The extent to which the project aligns with 
the current missions of the Corps of Engineers. 
‘‘(2) The economic and environmental impacts 
of the project on existing communities in the vicinity 
of the project. 
‘‘(3) The extent to which the divestment or 
modification of the project could reduce operation 
and maintenance costs of the Corps of Engineers. 
‘‘(4) The extent to which the divestment or 
modification of the project is in the public interest. 
‘‘(5) The extent to which investment of addi-
tional Federal resources in the project proposed for 
divestment or modification, including investment 
needed to bring the project to a good state of repair, 
is in the public interest. 
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‘‘(6) The extent to which the authorized pur-
pose of the project is no longer being met. 
‘‘(d) RECOMMENDATIONS OF NON-FEDERAL INTER-
ESTS.—A non-Federal interest for a project may rec-
ommend that the Secretary include such project in the as-
sessment or inventory required under this section. 
‘‘(e) REPORT TO CONGRESS.— 
‘‘(1) IN GENERAL.—Upon completion of the in-
ventory required by subsection (b), the Secretary 
shall submit to the Committee on Environment and 
Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives, and make publicly available, a re-
port containing the findings of the Secretary with 
respect to the assessment and inventory required 
under this section. 
‘‘(2) INCLUSION.—The Secretary shall list in an 
appendix any recommendation of a non-Federal in-
terest made with respect to a project under sub-
section (d) that the Secretary determines not to in-
clude in the inventory developed under subsection 
(b), based on the criteria in subsection (c), including 
information about the request and the reasons for 
the Secretary’s determination.’’. 
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SEC. 
124. 
SENSE 
OF 
CONGRESS 
ON 
MULTIPURPOSE 
PROJECTS. 
It is the sense of Congress that the Secretary, in co-
ordination with non-Federal interests, should maximize 
the development, evaluation, and recommendation of 
project alternatives for future water resources develop-
ment projects that produce multiple project benefits, such 
as navigation, flood risk management, and ecosystem res-
toration benefits, including through the use of natural or 
nature-based features and the beneficial reuse of dredged 
material. 
SEC. 125. BENEFICIAL REUSE OF DREDGED MATERIAL; 
DREDGED MATERIAL MANAGEMENT PLANS. 
(a) NATIONAL POLICY ON THE BENEFICIAL REUSE 
OF DREDGED MATERIAL.— 
(1) IN GENERAL.—It is the policy of the United 
States for the Corps of Engineers to maximize the 
beneficial reuse, in an environmentally acceptable 
manner, of suitable dredged material obtained from 
the construction or operation and maintenance of 
water resources development projects. 
(2) PLACEMENT OF DREDGED MATERIALS.— 
(A) IN GENERAL.—In evaluating the place-
ment of dredged material obtained from the 
construction or operation and maintenance of 
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water resources development projects, the Sec-
retary shall consider— 
(i) the suitability of the dredged mate-
rial for a full range of beneficial uses; and 
(ii) the economic and environmental 
benefits, efficiencies, and impacts (includ-
ing the effects on living coral) of using the 
dredged material for beneficial uses, in-
cluding, in the case of beneficial reuse ac-
tivities that involve more than one water 
resources development project, the benefits, 
efficiencies, and impacts that result from 
the combined activities. 
(B) CALCULATION
OF
FEDERAL
STAND-
ARD.—The economic benefits and efficiencies 
from the beneficial use of dredged material con-
sidered by the Secretary under subparagraph 
(A) shall be included in any determination re-
lating to the ‘‘Federal standard’’ by the Sec-
retary under section 335.7 of title 33, Code of 
Federal Regulations for the placement or dis-
posal of such material. 
(b) BENEFICIAL USE OF DREDGED MATERIAL.— 
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(1) PILOT PROGRAM PROJECTS.—Section 1122 
of the Water Resources Development Act of 2016 
(33 U.S.C. 2326 note) is amended— 
(A) in subsection (b)(1), by striking ‘‘20’’ 
and inserting ‘‘30’’; and 
(B) in subsection (g), by striking ‘‘20’’ and 
inserting ‘‘30’’. 
(2) SENSE OF CONGRESS.—It is the sense of 
Congress that the Secretary, in selecting projects for 
the beneficial reuse of dredged materials under sec-
tion 1122 of the Water Resources Development Act 
of 2016 (33 U.S.C. 2326 note), should ensure the 
thorough evaluation of project submissions from 
rural, small, and economically disadvantaged com-
munities. 
(c) FIVE-YEAR
REGIONAL
DREDGED
MATERIAL 
MANAGEMENT PLANS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, and annually 
thereafter, the District Commander of each district 
of the Corps of Engineers that obtains dredged ma-
terial through the construction or operation and 
maintenance of a water resources development 
project shall, at Federal expense, develop and submit 
to the Secretary a 5-year dredged material manage-
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ment plan in coordination with relevant State agen-
cies and stakeholders. 
(2) SCOPE.—Each plan developed under this 
subsection shall include— 
(A) a dredged material budget for each 
watershed or littoral system within the district; 
(B) an estimate of the amount of dredged 
material likely to be obtained through the con-
struction or operation and maintenance of all 
water resources development projects projected 
to be carried out within the district during the 
5-year period following submission of the plan, 
and the estimated timing for obtaining such 
dredged material; 
(C) an identification of potential water re-
sources development projects projected to be 
carried out within the district during such 5- 
year period that are suitable for, or that re-
quire, the placement of dredged material, and 
an estimate of the amount of dredged material 
placement capacity of such projects; 
(D) an evaluation of— 
(i) the suitability of the dredged mate-
rial for a full range of beneficial uses; and 
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(ii) the economic and environmental 
benefits, efficiencies, and impacts (includ-
ing the effects on living coral) of using the 
dredged material for beneficial uses, in-
cluding, in the case of beneficial reuse ac-
tivities that involve more than one water 
resources development project, the benefits, 
efficiencies, and impacts that result from 
the combined activities; and 
(E) the district-wide goals for beneficial 
reuse of the dredged material, including any ex-
pected cost savings from aligning and coordi-
nating multiple projects (including projects 
across Corps districts) in the reuse of the 
dredged material. 
(3) PUBLIC
COMMENT.—In developing each 
plan under this subsection, each District Com-
mander shall provide notice and an opportunity for 
public comment. 
(4) PUBLIC
AVAILABILITY.—Upon submission 
of each plan to the Secretary under this subsection, 
each District Commander shall make the plan pub-
licly available, including on a publicly available 
website. 
(d) DREDGE PILOT PROGRAM.— 
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(1) REVISIONS.—Section 1111 of the Water 
Resources Development Act of 2018 (33 U.S.C. 
2326 note) is amended— 
(A) in subsection (a), by striking ‘‘for the 
operation and maintenance of harbors and in-
land harbors’’ and all that follows through the 
period at the end and inserting the following: 
‘‘for the operation and maintenance of— 
‘‘(1) harbors and inland harbors referred to in 
section 210(a)(2) of the Water Resources Develop-
ment Act of 1986 (33 U.S.C. 2238(a)(2)); or 
‘‘(2) inland and intracoastal waterways of the 
United States described in section 206 of the Inland 
Waterways Revenue Act of 1978 (33 U.S.C. 
1804).’’; and 
(B) in subsection (b), by striking ‘‘or in-
land harbors’’ and inserting ‘‘, inland harbors, 
or inland or intracoastal waterways’’. 
(2) COORDINATION WITH EXISTING AUTHORI-
TIES.—The Secretary may carry out the dredge pilot 
program authorized by section 1111 of the Water 
Resources Development Act of 2018 (33 U.S.C. 
2326 note) in coordination with Federal regional 
dredge demonstration programs in effect on the date 
of enactment of this Act. 
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SEC. 126. AQUATIC ECOSYSTEM RESTORATION FOR ANAD-
ROMOUS FISH. 
(a) ANADROMOUS FISH HABITAT AND PASSAGE.— 
Section 206 of the Water Resources Development Act of 
1996 (33 U.S.C. 2330) is amended— 
(1) in subsection (a), by adding at the end the 
following: 
‘‘(3) ANADROMOUS
FISH
HABITAT
AND
PAS-
SAGE.— 
‘‘(A) MEASURES.—A project under this 
section may include measures to improve habi-
tat or passage for anadromous fish, including— 
‘‘(i) installing fish bypass structures 
on small water diversions; 
‘‘(ii) modifying tide gates; and 
‘‘(iii) 
restoring 
or 
reconnecting 
floodplains and wetlands that are impor-
tant for anadromous fish habitat or pas-
sage. 
‘‘(B) BENEFITS.—A project that includes 
measures under this paragraph shall be formu-
lated to maximize benefits for the anadromous 
fish species benefitted by the project.’’; and 
(2) by adding at the end the following: 
‘‘(g) PRIORITIZATION.—The Secretary shall give 
projects that include measures described in subsection 
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(a)(3) equal priority for implementation as other projects 
under this section.’’. 
SEC. 127. ANNUAL REPORT TO CONGRESS. 
Section 7001(c)(4)(B) of the Water Resources Re-
form and Development Act of 2014 (33 U.S.C. 
2282d(c)(4)(B)) is amended— 
(1) in clause (i), by striking ‘‘and’’ at the end; 
(2) by redesignating clause (ii) as clause (iii); 
and 
(3) by inserting after clause (i) the following: 
‘‘(ii) the Secretary shall not include 
proposals in the appendix of the annual re-
port that otherwise meet the criteria for 
inclusion in the annual report solely on the 
basis that the proposals are for the pur-
poses of navigation, flood risk manage-
ment, ecosystem restoration, or municipal 
or agricultural water supply; and’’. 
SEC. 128. HARMFUL ALGAL BLOOM DEMONSTRATION PRO-
GRAM. 
(a) IN GENERAL.—The Secretary shall carry out a 
demonstration program to determine the causes of, and 
implement measures to effectively detect, prevent, treat, 
and eliminate, harmful algal blooms associated with water 
resources development projects. 
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(b) CONSULTATION; USE OF EXISTING DATA AND 
PROGRAM AUTHORITIES.—In carrying out the demonstra-
tion program under subsection (a), the Secretary shall— 
(1) consult with the heads of appropriate Fed-
eral and State agencies; and 
(2) make maximum use of existing Federal and 
State data and ongoing programs and activities of 
Federal and State agencies, including the activities 
of the Secretary carried out through the Engineer 
Research and Development Center pursuant to sec-
tion 1109 of the Water Resources Development Act 
of 2018 (33 U.S.C. 610 note). 
(c) FOCUS AREAS.—In carrying out the demonstra-
tion program under subsection (a), the Secretary shall un-
dertake program activities related to harmful algal blooms 
in the Great Lakes, the tidal and inland waters of the 
State of New Jersey, the coastal and tidal waters of the 
State of Louisiana, the waterways of the counties that 
comprise the Sacramento-San Joaquin Delta, California, 
and Lake Okeechobee, Florida. 
SEC. 129. 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 
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(33 U.S.C. 610) and the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4701 et 
seq.), in accordance with the most recent National 
Invasive Species Council Management Plan developed pur-
suant to Executive Order 13112. 
(b) INCLUSION.—The Secretary may include in the 
updated guidance invasive species specific efforts at feder-
ally authorized water resources development projects lo-
cated in— 
(1) high-altitude lakes; and 
(2) the Tennessee and Cumberland River ba-
sins. 
SEC. 130. REPORT ON DEBRIS REMOVAL. 
Section 1210 of the Water Resources Development 
Act of 2018 (132 Stat. 3808) is amended to read as fol-
lows: 
‘‘SEC. 1210. REPORT ON DEBRIS REMOVAL. 
‘‘Not later than 180 days after the date of enactment 
of the Water Resources Development Act of 2020, the Sec-
retary shall submit to Congress and make publicly avail-
able a report that describes— 
‘‘(1) the extent to which, during the 10 fiscal 
years prior to such date of enactment, the Secretary 
has carried out section 3 of the Act of March 2, 
1945 (33 U.S.C. 603a); 
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‘‘(2) how the Secretary has evaluated potential 
work to be carried out under that section; and 
‘‘(3) the extent to which the Secretary plans to 
start, continue, or complete debris removal activities 
in the 3 years following submission of the report.’’. 
SEC. 131. MISSOURI RIVER INTERCEPTION-REARING COM-
PLEX CONSTRUCTION. 
(a) REPORT.—Not later than 1 year after the date 
of enactment of this Act, and annually thereafter, the Sec-
retary shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the 
Senate a report on the effects of any interception-rearing 
complex constructed on the Missouri River on— 
(1) flood risk management and navigation; and 
(2) the population recovery of the pallid stur-
geon, including baseline population counts. 
(b) NO ADDITIONAL IRC CONSTRUCTION.—The Sec-
retary may not authorize construction of an interception- 
rearing complex on the Missouri River until the Sec-
retary— 
(1) submits the report required by subsection 
(a); 
(2) acting through the Engineer Research and 
Development Center, conducts further research on 
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remain subject to future deauthorization by Con-
gress. 
(e) SPECIAL RULES.— 
(1) POST-AUTHORIZATION STUDIES.—A project 
or separable element of a project may not be identi-
fied on the proposed deauthorization list developed 
under subsection (b), or the final deauthorization list 
developed under subsection (c), if the project or sep-
arable element received funding for a post-authoriza-
tion study during the current fiscal year or any of 
the 10 preceding fiscal years. 
(2) 
TREATMENT
OF
PROJECT
MODIFICA-
TIONS.—For purposes of this section, if an author-
ized water resources development project or sepa-
rable element of the project has been modified by an 
Act of Congress, the date of the authorization of the 
project or separable element shall be deemed to be 
the date of the most recent such modification. 
(f) 
DEAUTHORIZATION
OF
ANTIQUATED 
PROJECTS.— 
(1) IN GENERAL.—Any water resources devel-
opment project, or separable element of a project, 
authorized for construction prior to November 17, 
1986, for which construction has not been initiated 
prior to the date of enactment of this Act, or for 
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HR 7575 RDS
of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 
1494; 121 Stat. 1258) is amended 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 
amended 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 inserting ‘‘$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 amended— 
(A) in subsection (g)(1), by striking 
‘‘$200,000,000’’ and inserting ‘‘$400,000,000’’; 
and 
(B) in subsection (h)(2), by inserting 
‘‘Beaver, Jefferson,’’ after ‘‘Washington,’’. 
(10) LAKES
MARION
AND
MOULTRIE, SOUTH 
CAROLINA.—Section 219(f)(25) of the Water Re-
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