5b(b)) the jurisdiction of which has been subject to 
flooding from the lower Missouri River or a tribu-
tary of the lower Missouri River in not less than 2 
events during any 10-year period beginning on or 
after January 1, 2000, notwithstanding the provi-
sion of emergency flood fighting assistance under 
section 5 of the Act of August 18, 1941 (commonly 
known as the ‘‘Flood Control Act of 1941’’) (55 
Stat. 650, chapter 377; 33 U.S.C. 701n), from the 
Corps of Engineers during those flooding events. 
(2) LOWER MISSOURI RIVER.—The term ‘‘lower 
Missouri River’’ means— 
(A) the lower 735 miles of the Missouri 
River from Sioux City, Iowa, to the mouth of 
the Missouri River; and 
(B) the tributaries of the portion of the 
Missouri River described in subparagraph (A). 
(3) MISSOURI
RIVER
PROJECT.—The term 
‘‘Missouri River project’’ means— 
(A) a project constructed as part of— 
(i) the Pick-Sloan Missouri River 
Basin Program authorized by section 9(b) 
of the Act of December 22, 1944 (com-
monly known as the ‘‘Flood Control Act of 
1944’’) (58 Stat. 891, chapter 665); or 
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(ii) the Missouri River Bank Stabiliza-
tion and Navigation Project authorized by 
section 2 of the Act of March 2, 1945 
(commonly known as the ‘‘River and Har-
bor Act of 1945’’) (59 Stat. 19, chapter 
19); and 
(B) a locally owned levee system, as identi-
fied by the Secretary for participation under the 
program under subsection (b). 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Army. 
(b) PROGRAM.— 
(1) IN
GENERAL.—The Secretary shall carry 
out a program to study, design, and construct water 
resources development projects, and modifications to 
completed water resources development projects, to 
provide flood protection to affected communities. 
(2) PRELIMINARY TECHNICAL EVALUATIONS.— 
The Secretary shall carry out, at full Federal ex-
pense, any technical evaluations or analyses of a 
Missouri River project determined by the Secretary 
to be necessary to formulate flood protection rec-
ommendations for affected communities that avoid 
or minimize— 
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(A) the potential for flood risk transfer; 
and 
(B) adverse impacts to navigation and 
other authorized purposes of the applicable Mis-
souri River project. 
(3) SYSTEM PLAN.— 
(A) IN GENERAL.—A preliminary technical 
evaluation under paragraph (2) shall include 
development of a system plan for reducing flood 
risk and improving resiliency that shall be used 
in recommending projects for construction. 
(B) CONSIDERATIONS.—In developing a 
system plan under subparagraph (A), the Sec-
retary shall consider— 
(i) recommendations of the Pick-Sloan 
Missouri River Basin Program authorized 
by section 9(b) of the Act of December 22, 
1944 (commonly known as the ‘‘Flood 
Control Act of 1944’’) (58 Stat. 891, chap-
ter 665), and subsequent relevant engi-
neering observations and reports; and 
(ii) the use of both structural and 
nonstructural measures, including the set-
ting back of levees and removing struc-
tures from areas of recurring flood vulner-
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ability where advantageous to reduce sys-
tem flood risk and damages, and where lo-
cally acceptable. 
(4) CONSULTATION.—The Secretary shall carry 
out the program under this subsection in consulta-
tion with applicable Federal and State agencies, In-
dian Tribes, and other stakeholders. 
(5) CONSTRUCTION.— 
(A) 
FEASIBILITY
REPORT.—For 
each 
project recommended for construction under 
this subsection, the District Commander of the 
district in which the project is located shall de-
velop a feasibility report for approval by the 
Commander of the Northwestern Division of 
the Corps of Engineers that includes project 
features, costs, cooperation requirements, and 
justification. 
(B) CONSTRUCTION OF PROJECTS.—After 
approval of a feasibility report under subpara-
graph (A) and subject to paragraph (6), the 
Secretary shall construct the project. 
(C) TIMELINESS.—The Secretary shall 
carry out feasibility studies and construction 
phase activities under this subsection as expedi-
tiously as possible, including by concurrently 
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conducting project planning and construction 
activities where advisable. 
(6) COST.— 
(A) IN
GENERAL.—Except as provided 
under subparagraph (B), not more than 
$75,000,000 may be used for the Federal costs 
of construction of a project under this sub-
section. 
(B) SPECIFIC AUTHORIZATION.—The Sec-
retary may carry out a project under this sub-
section for which the Federal share of the cost 
of the project exceeds $75,000,000 if Congress 
provides a specific authorization for the project 
prior to construction. 
(7) COST-SHARE.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of law and subject to subpara-
graph (C), the Federal share of the cost of a 
feasibility study or project carried out under 
this subsection shall be 80 percent. 
(B) INCLUSIONS.—Costs of a project car-
ried out under this subsection shall include the 
costs of— 
(i) design; 
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(ii) design-related activities and data 
gathering; 
(iii) all land, easements, right-of-way 
acquisitions, and borrow and disposal 
areas, including related administrative 
costs, required for construction and main-
tenance of the project; 
(iv) costs to relocate compensable 
public and private utilities; and 
(v) 
construction 
and 
construction 
management. 
(C) ABILITY TO PAY.— 
(i) 
IN
GENERAL.—A 
cost-sharing 
agreement for a project under this sub-
section shall be subject to the ability of the 
affected community to pay. 
(ii) DETERMINATION.—The ability of 
an affected community to pay shall be de-
termined by the Secretary, in accordance 
with procedures established by the Sec-
retary. 
(iii) TREATMENT.—Any reduction in 
the share of the affected community of the 
cost of a project under this subsection in 
accordance with clause (i) shall not be in-
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cluded for purposes of the amount de-
scribed in paragraph (6)(A). 
(8) TRANSFER.—On completion of a project 
under this subsection, the Secretary shall transfer 
ownership (including operation and maintenance re-
sponsibility) of the project, including any permanent 
land and easements acquired for the project, to the 
non-Federal interest. 
(9) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated for planning, 
design, 
and 
construction 
under 
this 
section 
$500,000,000, to remain available until expended. 
Æ 
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