(3) shall not exceed the actual and reasonable 
costs of the materials or in-kind services provided by 
the non-Federal interest, as determined by the Sec-
retary; and 
(4) shall be allowed unless the Secretary has 
determined that such materials or services, including 
activities on previously constructed elements, are not 
compatible with and necessary for the project. 
SEC. 6. IMPROVING WATER MANAGEMENT AT CORPS OF 
ENGINEERS RESERVOIRS. 
(a) MEASURES TO IMPROVE WATER MANAGEMENT 
AT CORPS OF ENGINEERS RESERVOIRS.—In addition to 
ongoing efforts to assess and address the water resources 
needs of the Nation, the Secretary of the Army shall un-
dertake, as part of the operation and maintenance of all 
Corps of Engineers reservoirs, measures to more effec-
tively and efficiently meet the current water resources 
needs of the areas impacted by the reservoirs. Such meas-
ures shall be undertaken in cooperation and coordination 
with State, tribal, and local governments and their ongo-
ing initiatives and may include the following: 
(1) reallocation of storage at such reservoirs; 
(2) review of operational plans and implementa-
tion of changes to improve performance of such res-
ervoirs in meeting current needs and priorities;
(3) improvements to data collection systems 
and forecast models that enhance operational per-
formance of such reservoirs; and 
(4) sediment studies and implementation of 
sediment management or removal measures that im-
prove project operations. 
(b) COSTS OF WATER SUPPLY STORAGE.—Storage 
charges for future contracts and contract renewals for 
water supply storage at existing Corps of Engineers res-
ervoirs shall not exceed the net change in receipts or out-
lays, or both to the Treasury due to the reallocation of 
storage at such reservoirs. 
SEC. 7. ACCESS TO WATER RESOURCES DATA. 
(a) GENERAL.—The Secretary of the Army shall un-
dertake a program to provide public access to water re-
sources and related water quality data currently within the 
custody of the Corps of Engineers. 
(b) DATA.—The date to which subsection (a) applies 
shall include, but not be limited to, data generated in 
water resources project development and regulation under 
section 404 of the Federal Water Pollution Act (33 U.S.C. 
1344), and the Secretary, in providing access to data 
under subsection (a), shall employ appropriately geo-
graphic information system technology and linkages to 
water resources models and analytical techniques.
(c) PARTNERSHIPS.—To the maximum extent pos-
sible, the Secretary shall integrate State, tribal, and local 
governments into activities that carry out this section. 
(d) APPROPRIATIONS.—There is authorized to be ap-
propriated $5,000,000 per fiscal year to carry out this sec-
tion. 
SEC. 8. WRITTEN AGREEMENT FOR WATER RESOURCES 
PROJECTS. 
(a) PARTNERSHIP AGREEMENTS.—Section 221 of 
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b) is 
amended— 
(1) in subsection (a)— 
(A) by striking ‘‘under the provisions’’ and 
all that follows through ‘‘under any other’’ and 
inserting ‘‘under any’’; 
(B) by inserting ‘‘partnership’’ after ‘‘writ-
ten’’; 
(C) by striking ‘‘Secretary of the Army to 
furnish its required cooperation for’’ and insert-
ing ‘‘district engineer for the district of the 
Corps of Engineers in which the project will be 
carried out under which each party agrees to 
carry out its responsibilities and requirements 
for implementation or construction of’’;
(D) by striking ‘‘if the Secretary’’ and in-
serting ‘‘if the Secretary of the Army’’; and 
(E) by inserting after ‘‘$25,000.’’ the fol-
lowing: ‘‘Such agreement may include a provi-
sion for liquidated damages in the event of a 
failure of one or more parties to perform.’’; 
(2) by redesignating subsection (e) as sub-
section (f); and 
(3) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) LIMITATION.—Nothing in subsection (a) shall be 
construed as limiting the authority of the Secretary to en-
sure that a partnership agreement meets all requirements 
of law and policies of the Secretary in effect on the date 
of entry into the partnership agreement.’’. 
(b) LOCAL COOPERATION.—Section 912(b) of the 
Water Resources Development Act of 1986 (42 U.S.C. 
1962d–5b; 101 Stat. 4190) is amended— 
(1) in paragraph (2)— 
(A) by striking ‘‘shall’’ the first place it 
appears and inserting ‘‘may’’; and 
(B) by striking the last sentence; and 
(2) in paragraph (4)— 
(A) by inserting after ‘‘injunction, for’’ the 
following: ‘‘payment of liquidated damages
under a partnership agreement entered into by 
a district engineer of the Corps of Engineers or, 
for’’; 
(B) by striking ‘‘to collect a civil penalty 
imposed under this section,’’; and 
(C) by striking ‘‘any civil penalty imposed 
under this section,’’ and inserting ‘‘any liq-
uidated damages,’’. 
(c) APPLICABILITY.—The amendments made by sub-
sections (a) and (b) only apply to partnership agreements 
entered into after the date of enactment of this Act; except 
that at the request of a non-Federal interest for a project 
the district engineer for the district of the Corps of Engi-
neers in which the project is located may amend a project 
partnership agreement entered into on or before such date 
and under which construction on the project has not been 
initiated as of such date of enactment for the purpose of 
incorporating such amendments. 
(d) REFERENCES.— 
(1) TO COOPERATION AGREEMENTS.—Any ref-
erence in a law, regulation, document, or other 
paper of the United States to a cooperation agree-
ment or project cooperation agreement shall be 
treated to be a reference to a partnership agreement 
or a project partnership agreement, respectively.
(2) TO PARTNERSHIP AGREEMENTS.—Any ref-
erence to a partnership agreement or project part-
nership agreement in this Act (other than this sec-
tion) shall be treated as a reference to a cooperation 
agreement or a project cooperation agreement, re-
spectively. 
SEC. 9. ENVIRONMENTAL INFRASTRUCTURE. 
Section 219 of the Water Resources Development Act 
of 1992 (106 Stat. 4835–4836; 110 Stat. 3957; 113 Stat. 
334) is amended— 
(1) in subsection (b)— 
(A) 
by 
striking 
‘‘(b) 
NON-FEDERAL 
SHARE.—The’’ and inserting the following: 
‘‘(b) NON-FEDERAL SHARE.— 
‘‘(1) IN GENERAL.—The’’; and 
(B) by inserting after paragraph (1) (as so 
designated by subparagraph (A)) the following: 
‘‘(2) 
IN-KIND
CREDITS.—The 
non-Federal 
share may be provided in the form of materials and 
in-kind services, including design, construction, and 
management services, that the Secretary has deter-
mined are compatible with and necessary for the 
project.’’. 
(2) in subsection (e)—
(A) by striking ‘‘and’’ at the end of para-
graph (7); 
(B) by striking the period at the end of 
paragraph (8) and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(9) $40,000,000 for the project described in 
subsection (c)(18).’’. 
SEC. 10. TEXAS ENVIRONMENTAL INFRASTRUCTURE PRO-
GRAM. 
(a) ESTABLISHMENT OF PROGRAM.—The Secretary 
of the Army shall establish a program to provide environ-
mental assistance to non-Federal interests in the State of 
Texas. 
(b) FORM OF ASSISTANCE.—Assistance under this 
section may be in the form of planning, design, and con-
struction assistance for water-related environmental infra-
structure and resource protection and development 
projects in the State of Texas, including projects for water 
supply, storage, treatment and related facilities, water 
quality protection, wastewater treatment and related fa-
cilities, environmental restoration, and surface water re-
source protection and development as identified by the 
Texas Water Development Board.
(c) PUBLIC OWNERSHIP REQUIREMENT.—The Sec-
retary may provide assistance for a project under this sec-
tion only if the project is publicly owned. 
(d) PARTNERSHIP AGREEMENTS.—Before providing 
assistance under this section, the Secretary shall enter 
into a partnership agreement with a non-Federal interest. 
(e) COST SHARING.— 
(1) IN GENERAL.—The Federal share of project 
costs under each agreement entered into under this 
section shall be 75 percent. The Federal share may 
be in the form of grants or reimbursements of 
project costs. 
(2) IN-KIND SERVICES.—The non-Federal share 
may be provided in the form of materials and in- 
kind services, including planning, design, construc-
tion, and management services, that the Secretary 
has determined are compatible with and necessary 
for the project. 
(3) CREDIT FOR DESIGN WORK.—The non-Fed-
eral interest shall receive credit for the reasonable 
costs of planning, design, construction work com-
pleted by the non-Federal interest before entering 
into a partnership agreement with the Secretary. 
(4) LANDS, EASEMENTS, RIGHTS-OF-WAY AND 
RELOCATIONS.—The non-Federal interest shall re-
ceive credit for lands, easements, rights-of-way, and 
relocations provided by the non-Federal interest to-
ward the non-Federal share of project costs. 
(5) OPERATION AND MAINTENANCE.—The non- 
Federal share of operation and maintenance costs 
for projects constructed under an agreement entered 
into under this section shall be 100 percent. 
(f) APPLICABILITY OF OTHER FEDERAL AND STATE 
LAWS.—Nothing in this section shall be construed as 
waiving, limiting, or otherwise affecting the applicability 
of any provision of Federal or State law that would other-
wise apply to a project to be carried out with assistance 
provided under this section. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$40,000,000. 
Æ