3623 
passengers) 
comprise 
annually 
more 
than 
$5,000,000 but less than $15,000,000 of the total 
funding of the Harbor Maintenance Trust Fund 
on an average annual basis for the previous 3 
fiscal years;’’; 
(ii) in subparagraph (C)— 
(I) by inserting ‘‘(including the 
estimated taxes related to domestic 
cargo and cruise passengers)’’ after 
‘‘taxes collected’’; and 
(II) by striking ‘‘5 fiscal years’’ 
and inserting ‘‘3 fiscal years’’; and 
(iii) in subparagraph (D), by striking 
‘‘in fiscal year 2012’’ and inserting ‘‘on an 
average annual basis for the previous 3 fis-
cal years’’. 
(2) REPORT TO CONGRESS; AUTHORIZATION OF 
APPROPRIATIONS.—Section 2106 of the Water Re-
sources Reform and Development Act of 2014 (33 
U.S.C. 2238c) is amended— 
(A) by striking subsection (e) and redesig-
nating subsections (f) and (g) as subsections (e) 
and (f), respectively; and 
(B) in subsection (e), as so redesignated, by 
amending paragraph (1) to read as follows: 
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‘‘(1) IN GENERAL.—There are authorized to be 
appropriated to carry out this section— 
‘‘(A) $56,000,000 for fiscal year 2023; 
‘‘(B) $58,000,000 for fiscal year 2024; 
‘‘(C) $60,000,000 for fiscal year 2025; 
‘‘(D) $62,000,000 for fiscal year 2026; 
‘‘(E) $64,000,000 for fiscal year 2027; 
‘‘(F) $66,000,000 for fiscal year 2028; 
‘‘(G) $68,000,000 for fiscal year 2029; and 
‘‘(H) $70,000,000 for fiscal year 2030.’’. 
(3) EFFECTIVE DATE.—The amendments made 
by this subsection shall take effect on October 1, 2022. 
SEC. 105. CONSTRUCTION OF WATER RESOURCES DEVELOP-
MENT PROJECTS BY NON-FEDERAL INTER-
ESTS. 
(a) STUDIES AND ENGINEERING.—Section 204(c)(1) of 
the Water Resources Development Act of 1986 (33 U.S.C. 
2232(c)(1)) is amended by striking ‘‘under subsection (b)’’ 
and inserting ‘‘under this section’’. 
(b) 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.— 
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‘‘(1) ASSUMPTION OF MAINTENANCE.—Whenever 
a non-Federal interest carries out improvements to a 
federally authorized harbor or inland harbor, the Sec-
retary shall be responsible for operation and mainte-
nance 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-Federal 
interest execute a written agreement relat-
ing 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 permits and ap-
propriate engineering and design standards; and 
‘‘(C) the Secretary does not find that the 
project or separable element is no longer feasible. 
‘‘(2) FEDERAL FINANCIAL PARTICIPATION IN THE 
COSTS OF A LOCALLY PREFERRED PLAN.—In the case 
of improvements determined by the Secretary pursu-
ant to paragraph (1)(A)(i) to deviate from the na-
tional economic development plan, the Secretary shall 
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be responsible for all operation and maintenance costs 
of such improvements, as described in section 101(b), 
including costs in excess of the costs of the national 
economic development plan, if the Secretary deter-
mines that the improvements satisfy the requirements 
of paragraph (1).’’. 
(c) REPORT.—A non-Federal interest may submit to 
the Secretary a report on improvements to a federally au-
thorized harbor or inland harbor to be carried out by the 
non-Federal interest, containing any information necessary 
for the Secretary determine whether the improvements sat-
isfy the requirements of section 204(f)(1) of the Water Re-
sources Development Act of 1986 (33 U.S.C. 2232), includ-
ing— 
(1) the economic justification for the improve-
ments; 
(2) details of the project improvement plan and 
design; 
(3) proposed arrangements for the work to be 
performed; and 
(4) documents relating to any applicable permits 
required for the project improvements. 
(d) PROJECT STUDIES SUBJECT
TO INDEPENDENT 
PEER REVIEW.—The Secretary shall not be required to sub-
ject a project study for a project with a cost of less than 
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$200,000,000, which the Secretary determines satisfies the 
requirements of section 204(f)(1) of the Water Resources De-
velopment Act of 1986 (33 U.S.C. 2232), to independent 
peer review under section 2034(a)(3)(A)(i) of the Water Re-
sources 
Development 
Act 
of 
2007 
(33 
U.S.C. 
2343(a)(3)(A)(i)). 
SEC. 106. COAST GUARD ANCHORAGES. 
The Secretary may perform dredging at Federal ex-
pense within and adjacent to anchorages established by the 
Coast Guard pursuant to existing authorities. 
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 pursu-
ant to section 210 of the Water Resources Development Act 
of 1986 (33 U.S.C. 2238) in a State that has implemented 
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 addi-
tional costs for operations and maintenance activities for 
a harbor or inland harbor within such State that result 
from such limitation. 
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SEC. 108. GREAT LAKES CONFINED DISPOSAL FACILITIES. 
(a) MITIGATION.—The Secretary may relocate access 
to the Port of Cleveland confined disposal facility, owned 
or operated by a non-Federal interest, in which material 
dredged by the Corps of Engineers is placed. 
(b) COST-SHARE.—The cost to relocate access to the 
confined disposal facility described in subsection (a) shall 
be shared in accordance with the cost share applicable to 
operation and maintenance of the Federal navigation 
project from which material placed in the confined disposal 
facility is dredged. 
(c) TERMINATION.—The authority provided under this 
section shall terminate on December 31, 2024. 
SEC. 109. INLAND WATERWAY PROJECTS. 
Notwithstanding section 102 of the Water Resources 
Development Act of 1986 (33 U.S.C. 2212), for a project 
for navigation on the inland waterways receiving a con-
struction appropriation during any of fiscal years 2021 
through 2031, 35 percent of the costs of construction of the 
project shall be paid from amounts appropriated from the 
Inland Waterways Trust Fund until such construction of 
the project is complete. 
SEC. 110. 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 
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agency-specific procedures necessary to implement the prin-
ciples 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 formu-
lation 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 
(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— 
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(1) provide notice to interested non-Federal 
stakeholders of the Secretary’s intent to revise the pro-
cedures; 
(2) provide opportunities for interested non-Fed-
eral stakeholders to engage with, and provide input 
and recommendations to, the Secretary on the revi-
sion 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 sec-
tion 2031 of the Water Resources Development Act of 
2007 (42 U.S.C. 1962–3) in December 2014, to imple-
ment the principles and requirements. 
(2) PRINCIPLES AND REQUIREMENTS.—The term 
‘‘principles and requirements’’ means the principles 
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), entitled ‘‘Principles 
and Requirements for Federal Investments in Water 
Resources’’, and dated March 2013. 
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SEC. 111. RESILIENCY PLANNING ASSISTANCE. 
(a) IN GENERAL.—Section 206(a) of the Flood Control 
Act of 1960 (33 U.S.C. 709a(a)) is amended by inserting 
‘‘, to avoid repetitive flooding impacts, to anticipate, pre-
pare, and adapt to changing climatic conditions and ex-
treme weather events, and to withstand, respond to, and re-
cover rapidly from disruption due to the flood hazards’’ 
after ‘‘in planning to ameliorate the flood hazard’’. 
(b) PRIORITIZING FLOOD RISK RESILIENCY TECH-
NICAL ASSISTANCE.—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 sup-
port flood risk resiliency planning efforts of economically 
disadvantaged communities or communities subject to re-
petitive flooding. 
SEC. 112. 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) ENVIRONMENTAL JUSTICE UPDATES.— 
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(1) IN GENERAL.—In the formulation of water 
development resources projects, the Secretary shall 
comply with any existing Executive order regarding 
environmental justice in effect as of the date of enact-
ment of this Act to address any disproportionate and 
adverse human health or environmental effects on mi-
nority communities, low-income communities, and 
Indian Tribes. 
(2) UPDATE.—Not later than 1 year after the 
date of enactment of this Act, the Secretary shall re-
view, and shall update, where appropriate, any poli-
cies, regulations, and guidance of the Corps of Engi-
neers necessary to implement any Executive order de-
scribed in paragraph (1) with respect to water re-
sources development projects. 
(3) REQUIREMENTS.—In updating the policies, 
regulations, or guidance under paragraph (2), the 
Secretary shall— 
(A) provide notice to interested non-Federal 
stakeholders, including representatives of minor-
ity communities, low-income communities, and 
Indian Tribes; 
(B) provide opportunities for interested 
stakeholders to comment on potential updates of 
policies, regulations, or guidance; 
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(C) consider the recommendations from the 
reports submitted under subsection (a); and 
(D) promote the meaningful involvement of 
minority communities, low-income communities, 
and Indian Tribes. 
(c) COMMUNITY ENGAGEMENT.—In carrying out a 
water resources development project, the Secretary shall, to 
the extent practicable— 
(1) promote the meaningful involvement of mi-
nority communities, low-income communities, and 
Indian Tribes; 
(2) provide guidance and technical assistance to 
such communities or Tribes to increase understanding 
of the project development and implementation activi-
ties, regulations, and policies of the Corps of Engi-
neers; and 
(3) cooperate with State, Tribal, and local gov-
ernments with respect to activities carried out pursu-
ant to this subsection. 
(d) TRIBAL LANDS AND CONSULTATION.—In carrying 
out water resources development projects, the Secretary 
shall, to the extent practicable and in accordance with the 
Tribal Consultation Policy affirmed and formalized by the 
Secretary on November 1, 2012 (or a successor policy)— 
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(1) promote meaningful involvement with Indian 
Tribes specifically on any Tribal lands near or adja-
cent to any water resources development projects, for 
purposes of identifying lands of ancestral, cultural, or 
religious importance; 
(2) consult with Indian Tribes specifically on 
any Tribal areas near or adjacent to any water re-
sources development projects, for purposes of identi-
fying lands, waters, and other resources critical to the 
livelihood of the Indian Tribes; and 
(3) cooperate with Indian Tribes to avoid, or 
otherwise find alternate solutions with respect to, such 
areas. 
SEC. 113. 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 conjunc-
tion with the development of procedures under section 
110 of this Act, the Secretary is directed to review, 
and where appropriate, revise the existing planning 
guidance documents and regulations of the Corps of 
Engineers on the assessment of the effects of sea level 
rise or inland flooding on future water resources de-
velopment projects to ensure that such guidance docu-
ments and regulations are based on the best available, 
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peer-reviewed science and data on the current and fu-
ture effects of sea level rise or inland flooding on rel-
evant communities. 
(2) COORDINATION.—In carrying out this sub-
section, the Secretary shall— 
(A) coordinate the review with the Engineer 
Research and Development Center, other Federal 
and State agencies, and other relevant entities; 
and 
(B) to the maximum extent practicable and 
where appropriate, utilize data provided to the 
Secretary by such agencies. 
(b) ASSESSMENT OF BENEFITS FROM ADDRESSING 
SEA LEVEL RISE AND INLAND FLOODING 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 restoration 
under section 905 of the Water Resources Development 
Act of 1986 (33 U.S.C. 2282), the Secretary shall con-
sider whether the need for the project is predicated 
upon or exacerbated by conditions related to sea level 
rise or inland flooding. 
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(2) ADDRESSING SEA LEVEL RISE AND INLAND 
FLOODING 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 or inland flooding on 
the project, and the expected benefits of the project re-
lating to sea level rise or inland flooding, during the 
50-year period after the date of completion of the 
project. 
SEC. 114. 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 terms 
are defined in section 1184(a) of the Water Resources Devel-
opment Act of 2016 (33 U.S.C. 2289a(a))),’’ after ‘‘non-
structural projects’’. 
SEC. 115. FLOOD PROTECTION PROJECTS. 
(a) GENERAL CONSIDERATIONS.—Section 73(a) of the 
Water Resources Development Act of 1974 (33 U.S.C. 701b– 
11(a)) is amended by striking ‘‘including’’ and all that fol-
lows through the period at the end and inserting the fol-
lowing: ‘‘, with a view toward formulating the most eco-
nomically, socially, and environmentally acceptable means 
of reducing or preventing flood damage, including— 
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‘‘(1) 
floodproofing 
of 
structures, 
including 
through elevation; 
‘‘(2) floodplain regulation; 
‘‘(3) acquisition of floodplain land for rec-
reational, fish and wildlife, and other public pur-
poses; 
‘‘(4) relocation; and 
‘‘(5) the use of a feature described in section 
1184(a) of the Water Infrastructure Improvements for 
the Nation Act (33 U.S.C. 2289a(a)).’’. 
(b) 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 ‘‘NON-
STRUCTURAL FLOOD CONTROL PROJECTS’’ and in-
serting ‘‘PROJECTS USING NONSTRUCTURAL, NAT-
URAL, OR NATURE-BASED FEATURES’’; and 
(2) in paragraph (1)— 
(A) by striking ‘‘nonstructural flood control 
measures’’ and inserting ‘‘a flood risk manage-
ment or hurricane and storm damage risk reduc-
tion measure using a nonstructural feature, or a 
natural feature or nature-based feature (as those 
terms are defined in section 1184(a) of the Water 
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3638 
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 construc-
tion for a nonstructural feature if the costs of 
land, easements, rights-of-way, dredged material 
disposal areas, and relocations for such feature 
are estimated to exceed 35 percent’’. 
SEC. 116. 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 ‘‘natural in-
frastructure 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 extent 
practicable, the Secretary shall include in each feasibility 
report developed under section 905 of the Water Resources 
Development Act of 1986 (33 U.S.C. 2282) for a project that 
contains a flood risk management or hurricane and storm 
damage risk reduction element, a summary of the natural 
feature or nature-based feature alternatives, along with 
their long-term costs and benefits, that were evaluated in 
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the development of the feasibility report, and, if such alter-
natives were not included in the recommended plan, an ex-
planation of why such alternatives were not included in the 
recommended plan. 
SEC. 117. FEDERAL INTEREST DETERMINATION. 
Section 905 of the Water Resources Development Act 
of 1986 (33 U.S.C. 2282) is amended by inserting after sub-
section (a) the following: 
‘‘(b) FEDERAL INTEREST DETERMINATION.— 
‘‘(1) IN GENERAL.— 
‘‘(A) ECONOMICALLY DISADVANTAGED COM-
MUNITIES.—In preparing a feasibility report 
under subsection (a) for a study that will benefit 
an 
economically 
disadvantaged 
community, 
upon request by the non-Federal interest for the 
study, the Secretary shall first determine the 
Federal interest in carrying out the study and 
the projects that may be proposed in the study. 
‘‘(B) OTHER COMMUNITIES.— 
‘‘(i) AUTHORIZATION.—In preparing a 
feasibility report under subsection (a) for a 
study that will benefit a covered commu-
nity, upon request by the non-Federal inter-
est for the study, the Secretary may, with 
respect to not more than 3 studies in each 
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fiscal year, first determine the Federal in-
terest in carrying out the study and the 
projects that may be proposed in the study. 
‘‘(ii) COVERED COMMUNITIES.—In this 
subparagraph, the term ‘covered commu-
nity’ means a community that— 
‘‘(I) is not an economically dis-
advantaged community; and 
‘‘(II) the Secretary finds has a 
compelling need for the Secretary to 
make a determination under clause (i). 
‘‘(2) COST SHARE.—The costs of a determination 
under paragraph (1)— 
‘‘(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 available 
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 
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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 sec-
tion 1001(a)(2) of the Water Resources Reform 
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 plan that 
will produce national economic development 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 Re-
sources 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-Fed-
eral interest might modify the proposal such that the 
project could be in the Federal interest and feasible.’’. 
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SEC. 118. PILOT PROGRAMS ON THE FORMULATION OF 
CORPS OF ENGINEERS PROJECTS IN RURAL 
COMMUNITIES 
AND 
ECONOMICALLY 
DIS-
ADVANTAGED COMMUNITIES. 
(a) IN GENERAL.—The Secretary shall establish and 
implement pilot programs, in accordance with this section, 
to evaluate opportunities to address the flood risk manage-
ment and hurricane and storm damage risk reduction needs 
of rural communities and economically disadvantaged com-
munities. 
(b) 
ECONOMICALLY
DISADVANTAGED
COMMUNITY 
FLOOD PROTECTION AND HURRICANE AND STORM DAMAGE 
REDUCTION STUDY PILOT PROGRAM.— 
(1) 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 carry out 
feasibility studies, in accordance with this subsection, 
for flood risk management and hurricane and storm 
damage risk reduction projects for economically dis-
advantaged communities, in coordination with non- 
Federal interests. 
(2) PARTICIPATION IN PILOT PROGRAM.—In car-
rying out paragraph (1), the Secretary shall— 
(A) publish a notice in the Federal Register 
that requests from non-Federal interests pro-
posals for the potential feasibility study of a 
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flood risk management project or hurricane and 
storm damage risk reduction project for an eco-
nomically disadvantaged community; 
(B) 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 pro-
gram; and 
(C) review such proposals and select 10 fea-
sibility studies for such projects to be carried out 
by the Secretary, in coordination with the non- 
Federal interest, under this pilot program. 
(3) SELECTION CRITERIA.—In selecting a feasi-
bility study under paragraph (2)(C), the Secretary 
shall consider whether— 
(A) the percentage of people living in pov-
erty in the county or counties (or county-equiva-
lent entity or entities) in which the project is lo-
cated is greater than the percentage of people liv-
ing in poverty in the State, based on census bu-
reau data; 
(B) the percentage of families with income 
above the poverty threshold but below the average 
household income in the county or counties (or 
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county-equivalent entity or entities) in which the 
project is located is greater than such percentage 
for the State, based on census bureau data; 
(C) the percentage of the population that 
identifies as belonging to a minority or indige-
nous group in the county or counties (or county- 
equivalent entity or entities) in which the project 
is located is greater than the average such per-
centage in the State, based on census bureau 
data; and 
(D) the project is addressing flooding or 
hurricane or storm damage effects that have a 
disproportionate impact on a rural community, 
a minority community, or an Indian Tribe. 
(4) ADMINISTRATION.—Notwithstanding the re-
quirements of section 105(a)(1)(A) of the Water Re-
sources Development Act of 1986 (33 U.S.C. 2215), 
the Federal share of the cost of a feasibility study car-
ried out under the pilot program shall be 100 percent. 
(5) STUDY REQUIREMENTS.—Feasibility studies 
carried out under this subsection shall, to the max-
imum extent practicable, incorporate natural features 
or nature-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 
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features and nonstructural features, that avoid or re-
duce at least 50 percent of flood or storm damages in 
one or more of the alternatives included in the final 
alternatives evaluated. 
(6) NOTIFICATION.—The Secretary shall notify 
the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on 
Environment and Public Works of the Senate of the 
selection of each feasibility study under the pilot pro-
gram. 
(7) COMPLETION.—Upon completion of a feasi-
bility report for a feasibility study selected to be car-
ried out under this subsection, the Secretary shall 
transmit the report to Congress for authorization, and 
shall include the report in the next annual report sub-
mitted under section 7001 of the Water Resources Re-
form and Development Act of 2014 (33 U.S.C. 
2282d). 
(c) PILOT PROGRAM FOR THE RECOMMENDATION OF 
FLOOD PROTECTION AND HURRICANE AND STORM DAMAGE 
REDUCTION PROJECTS IN RURAL COMMUNITIES AND ECO-
NOMICALLY DISADVANTAGED COMMUNITIES.— 
(1) 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, 
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and make recommendations to Congress on, flood risk 
management projects and hurricane and storm dam-
age risk reduction projects in rural communities or 
economically disadvantaged communities, without 
demonstrating that each project is justified solely by 
national economic development benefits. 
(2) CONSIDERATIONS.—In carrying out this sub-
section, the Secretary may make a recommendation to 
Congress on up to 10 projects, without demonstrating 
that the project is justified solely by national eco-
nomic development benefits, if the Secretary deter-
mines that— 
(A) the community to be served by the 
project is an economically disadvantaged com-
munity or a rural community; 
(B) the long-term life safety, economic via-
bility, and environmental sustainability of the 
community would be threatened without the 
project; and 
(C) the project is consistent with the re-
quirements of section 1 of the Flood Control Act 
of 1936 (33 U.S.C. 701a). 
(3) CONSISTENCY.—In carrying out this sub-
section, the Secretary shall ensure that project rec-
ommendations are consistent with the principles and 
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requirements and the interagency guidelines, as such 
terms are defined in section 110 of this Act, including 
the consideration of quantifiable monetary and non-
monetary benefits of the project. 
(4) PRIORITIZATION.—The Secretary may give 
equivalent budgetary consideration and priority to 
projects recommended under this subsection. 
(d) GEOGRAPHIC DIVERSITY.—In selecting feasibility 
studies under subsection (b)(2)(C) or in making project rec-
ommendations under subsection (c), the Secretary shall con-
sider the geographic diversity among proposed projects. 
(e) 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 Infrastruc-
ture of the House of Representatives and the Committee on 
Environment and Public Works of the Senate, and make 
publicly available, a report detailing the results of the pilot 
programs carried out under this section, including— 
(1) a description of proposals received from non- 
Federal interests pursuant to subsection (b)(2)(A); 
(2) a description of technical assistance provided 
to non-Federal interests under subsection (b)(2)(B); 
(3) a description of proposals selected under sub-
section (b)(2)(C) and criteria used to select such pro-
posals; 
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(4) a description of the projects evaluated or rec-
ommended by the Secretary under subsection (c); 
(5) a description of the quantifiable monetary 
and nonmonetary benefits associated with the projects 
recommended under subsection (c); and 
(6) any recommendations to Congress on how the 
Secretary can address the flood risk management and 
hurricane and storm damage risk reduction needs of 
economically disadvantaged communities. 
(f) 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. 
(g) SUNSET.—The authority to commence a feasibility 
study under subsection (b), and the authority make a rec-
ommendation under subsection (c), shall terminate on the 
date that is 10 years after the date of enactment of this 
Act. 
SEC. 119. PERMANENT MEASURES TO REDUCE EMERGENCY 
FLOOD FIGHTING NEEDS FOR COMMUNITIES 
SUBJECT TO REPETITIVE FLOODING. 
(a) DEFINITIONS.—In this section: 
(1) AFFECTED COMMUNITY.—The term ‘‘affected 
community’’ means a legally constituted public body 
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3649 
(as that term is used in section 221(b) of the Flood 
Control Act of 1970 (42 U.S.C. 1962d–5b(b))— 
(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-fight-
ing assistance, including construction of tem-
porary barriers by the Secretary, under section 
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 construct 
water resources development projects through meas-
ures involving, among other things, strengthening, 
raising, extending, realigning, or otherwise modifying 
existing flood control works, designing new works, 
and incorporating natural features, nature-based fea-
tures, or nonstructural features, as appropriate to 
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provide flood and coastal storm risk management to 
affected communities. 
(2) CONSIDERATIONS.—In carrying out para-
graph (1), the Secretary shall, to the maximum extent 
practical, review and, where appropriate, incorporate 
natural features or nature-based features, or a com-
bination 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 in-
cluded 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 $17,500,000. 
(B) SPECIFIC AUTHORIZATION.—If the Fed-
eral share of the cost of a project described in 
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paragraph (1) exceeds $17,500,000, the Secretary 
shall submit the project recommendation to Con-
gress for authorization prior to construction, and 
shall include the project recommendation 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 community to pay, 
or provide contributions equal to, an 
amount sufficient to make the remaining 
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 provide 
toward the remaining costs of design and 
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construction of the project under section 103 
of the Water Resources Development 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 purposes of 
subparagraphs (A) and (B) of paragraph (3). 
SEC. 120. EMERGENCY RESPONSE TO NATURAL DISASTERS. 
Section 5 of the Act of August 18, 1941 (33 U.S.C. 
701n) is amended— 
(1) in subsection (a)— 
(A) in paragraph (2)(B)— 
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(i) in clause (i)(I), by inserting ‘‘, or 
provide 
contributions 
equal 
to,’’ 
after 
‘‘pay’’; and 
(ii) in clause (ii)— 
(I) in the heading, by inserting 
‘‘AND CONTRIBUTIONS’’ after ‘‘OF PAY-
MENTS’’; 
(II) by inserting ‘‘or contribu-
tions’’ after ‘‘Non-Federal payments’’; 
and 
(III) by inserting ‘‘or contribu-
tions’’ after ‘‘non-Federal payments’’; 
and 
(B) by adding at the end the following: 
‘‘(5) FEASIBILITY STUDY.— 
‘‘(A) DETERMINATION.—Not later than 180 
days after receiving, from a non-Federal sponsor 
of a project to repair or rehabilitate a flood con-
trol work described in paragraph (1), a request 
to initiate a feasibility study to further modify 
the relevant flood control work to provide for an 
increased level of protection, the Secretary shall 
provide to the non-Federal sponsor a written de-
cision on whether the Secretary has the authority 
under section 216 of the Flood Control Act of 
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1970 (33 U.S.C. 549a) to undertake the requested 
feasibility study. 
‘‘(B) RECOMMENDATION.—If the Secretary 
determines under subparagraph (B) that the Sec-
retary does not have the authority to undertake 
the requested feasibility study, the Secretary 
shall include the request for a feasibility study in 
the annual report submitted under section 7001 
of the Water Resources Reform and Development 
Act of 2014.’’; and 
(2) in subsection (c)— 
(A) in the subsection heading, by striking 
‘‘LEVEE OWNERS MANUAL’’ and inserting ‘‘ELI-
GIBILITY’’; 
(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 manual 
described in paragraph (1), or with any other 
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eligibility requirement established by the Sec-
retary related to the maintenance and upkeep re-
sponsibilities of the non-Federal interest, the Sec-
retary shall consider the non-Federal interest to 
be eligible for repair and rehabilitation assist-
ance under this section if the non-Federal inter-
est— 
‘‘(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 
‘‘(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. 
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‘‘(C) SUNSET.—The authority of the Sec-
retary to enter into agreements under paragraph 
(2) shall terminate on the date that is 5 years 
after the date of enactment of this paragraph.’’; 
and 
(D) in paragraph (3) (as so redesignated), 
by striking ‘‘this subsection’’ and inserting 
‘‘paragraph (1)’’. 
SEC. 121. COST AND BENEFIT FEASIBILITY ASSESSMENT. 
Section 1161(b) of the Water Resources Development 
Act of 2018 (33 U.S.C. 701n note) is amended— 
(1) in the matter preceding paragraph (1)— 
(A) by striking the ‘‘three fiscal years pre-
ceding’’ and inserting ‘‘five fiscal years pre-
ceding’’; and 
(B) by striking ‘‘last day of the third fiscal 
year’’ and inserting ‘‘last day of the fifth fiscal 
year’’; 
(2) in paragraph (1), by inserting ‘‘, or provide 
contributions equal to,’’ before ‘‘an amount suffi-
cient’’; and 
(3) by striking paragraph (2) and inserting the 
following: 
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‘‘(2) the Secretary determines that the damage to 
the structure was not as a result of negligent oper-
ation or maintenance.’’. 
SEC. 122. EXPEDITING REPAIRS AND RECOVERY FROM 
FLOODING. 
(a) IN GENERAL.—To the maximum extent prac-
ticable, during the 5-year period beginning on the date of 
enactment of this Act, the Secretary shall prioritize and ex-
pedite the processing of applications for permits under sec-
tion 10 of the Act of March 3, 1899 (33 U.S.C. 403), and 
section 404 of the Federal Water Pollution Control Act (33 
U.S.C. 1344), and permissions under section 14 of the Act 
of March 3, 1899 (33 U.S.C. 408), to complete repairs, re-
construction (including improvements), and upgrades to 
flood control infrastructure damaged by flooding events dur-
ing calendar years 2017 through 2020, including flooding 
events caused by ice jams. 
(b) SAVINGS PROVISION.—Nothing in this section af-
fects any obligation to comply with the requirements of any 
Federal law, including— 
(1) the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.); 
(2) the Federal Water Pollution Control Act (33 
U.S.C. 1251 et seq.); and 
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(3) the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.). 
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 Development Act 
of 2020, the Secretary shall, based on the assessment carried 
out under subsection (a), develop an inventory 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 structural features, nonstructural features, 
or natural features or nature-based features (as those 
terms are defined in section 1184(a) of the Water Re-
sources Development Act of 2016 (33 U.S.C. 
2289a(a)), could improve the sustainable operations 
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of the project, or reduce operation and maintenance 
costs for the project; or 
‘‘(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 bet-
ter 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 modi-
fication of the project could reduce operation and 
maintenance costs of the Corps of Engineers. 
‘‘(4) The extent to which the divestment or modi-
fication 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 
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needed to bring the project to a good state of repair, 
is in the public interest. 
‘‘(6) The extent to which the authorized purpose 
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 Transpor-
tation and Infrastructure of the House of Representa-
tives, and make publicly available, a report con-
taining the findings of the Secretary with respect to 
the assessment and inventory required under this sec-
tion. 
‘‘(2) INCLUSION.—The Secretary shall list in an 
appendix any recommendation of a non-Federal in-
terest made with respect to a project under subsection 
(d) that the Secretary determines not to include in the 
inventory developed under subsection (b), based on the 
criteria in subsection (c), including information 
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about the request and the reasons for the Secretary’s 
determination.’’. 
SEC. 
124. 
SENSE 
OF 
CONGRESS 
ON 
MULTIPURPOSE 
PROJECTS. 
It is the sense of Congress that the Secretary, in coordi-
nation with non-Federal interests, should maximize the de-
velopment, evaluation, and recommendation of project al-
ternatives for future water resources development projects 
that produce multiple project benefits, such as navigation, 
flood risk management, and ecosystem restoration benefits, 
including through the use of natural or nature-based fea-
tures and the beneficial use of dredged material. 
SEC. 
125. 
BENEFICIAL 
USE 
OF 
DREDGED 
MATERIAL; 
DREDGED MATERIAL MANAGEMENT PLANS. 
(a) NATIONAL POLICY ON THE BENEFICIAL USE OF 
DREDGED MATERIAL.— 
(1) IN GENERAL.—It is the policy of the United 
States for the Corps of Engineers to maximize the 
beneficial use, in an environmentally acceptable man-
ner, 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 con-
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struction or operation and maintenance of water 
resources development projects, the Secretary 
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 (including 
the effects on living coral) of using the 
dredged material for beneficial uses, includ-
ing, in the case of beneficial use activities 
that involve more than one water resources 
development 
project, 
the 
benefits, 
effi-
ciencies, and impacts that result from the 
combined activities. 
(B) CALCULATION
OF
FEDERAL
STAND-
ARD.— 
(i) DETERMINATION.—The economic 
benefits and efficiencies from the beneficial 
use of dredged material considered by the 
Secretary under subparagraph (A) shall be 
included in any determination relating to 
the ‘‘Federal standard’’ by the Secretary 
under section 335.7 of title 33, Code of Fed-
eral Regulations, for the placement or dis-
posal of such material. 
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(ii) REPORTS.—The Secretary shall 
submit to Congress— 
(I) a report detailing the method 
and all of the factors utilized by the 
Corps of Engineers to determine the 
Federal standard referred to in clause 
(i); and 
(II) for each evaluation under 
subparagraph (A), a report displaying 
the calculations for economic and envi-
ronmental benefits and efficiencies 
from the beneficial use of dredged ma-
terial (including, where appropriate, 
the utilization of alternative dredging 
equipment 
and 
dredging 
disposal 
methods) considered by the Secretary 
under such subparagraph for the place-
ment or disposal of such material. 
(C) SELECTION
OF
DREDGED
MATERIAL 
DISPOSAL METHOD FOR CERTAIN PURPOSES.— 
Section 204(d) of the Water Resources Develop-
ment Act of 1992 (33 U.S.C. 2326(d)) is amend-
ed— 
(i) in paragraph (1)— 
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(I) in the matter preceding sub-
paragraph (A), by striking ‘‘In devel-
oping’’ and all that follows through 
‘‘the non-Federal interest,’’ and insert-
ing ‘‘At the request of the non-Federal 
interest for a water resources develop-
ment project involving the disposal of 
dredged material, the Secretary, using 
funds appropriated for construction or 
operation and maintenance of the 
project, may select’’; and 
(II) in subparagraph (B), by 
striking ‘‘flood and storm damage and 
flood reduction benefits’’ and inserting 
‘‘hurricane and storm or flood risk re-
duction benefits’’; and 
(ii) by adding at the end the following: 
‘‘(5) SELECTION
OF
DREDGED
MATERIAL
DIS-
POSAL METHOD FOR CERTAIN PURPOSES.—Activities 
carried out under this subsection— 
‘‘(A) shall be carried out using amounts ap-
propriated for construction or operation and 
maintenance of the project involving the disposal 
of the dredged material; and 
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‘‘(B) shall not carried out using amounts 
made available under subsection (g).’’. 
(b) BENEFICIAL USE OF DREDGED MATERIAL.— 
(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 (a)— 
(i) in paragraph (6), by striking ‘‘; 
and’’ and inserting a semicolon; 
(ii) in paragraph (7)(C), by striking 
the period at the end and inserting ‘‘; and’’; 
and 
(iii) by adding at the end the fol-
lowing: 
‘‘(8) recovering lost storage capacity in reservoirs 
due to sediment accumulation, if the project also has 
a purpose described in any of paragraphs (1) through 
(7).’’; 
(B) in subsection (b)(1), by striking ‘‘20’’ 
and inserting ‘‘35’’; and 
(C) in subsection (g), by striking ‘‘20’’ and 
inserting ‘‘35’’. 
(2) SENSE
OF
CONGRESS.—It is the sense of 
Congress that the Secretary, in selecting projects for 
the beneficial use of dredged materials under section 
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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 communities. 
(3) PROJECT SELECTION.—In selecting projects 
for the beneficial use of dredged materials under sec-
tion 1122 of the Water Resources Development Act of 
2016 (33 U.S.C. 2326 note), the Secretary shall 
prioritize the selection of at least one project for the 
utilization of thin layer placement of dredged fine 
and coarse grain sediment and at least one project for 
recovering lost storage capacity in reservoirs due to 
sediment accumulation authorized by subsection 
(a)(8) of such section, to the extent that a non-Federal 
interest has submitted an application for such project 
purposes that otherwise meets the requirements of 
such section. 
(4) TEMPORARY EASEMENTS.—Section 1148 of 
the Water Resources Development Act of 2018 (33 
U.S.C. 2326 note) is amended— 
(A) in subsection (a)— 
(i) by striking ‘‘grant’’ and inserting 
‘‘approve’’; and 
(ii) by striking ‘‘granting’’ and insert-
ing ‘‘approving’’; and 
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(B) in subsection (b), by striking ‘‘grants’’ 
and inserting ‘‘approves’’. 
(c) FIVE-YEAR REGIONAL DREDGED MATERIAL MAN-
AGEMENT PLANS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, and annually there-
after, the District Commander of each district of the 
Corps of Engineers that obtains dredged material 
through the construction or operation and mainte-
nance of a water resources development project shall, 
at Federal expense, develop and submit to the Sec-
retary a 5-year dredged material management plan 
in coordination with relevant State agencies and 
stakeholders. 
(2) SCOPE.—Each plan developed under this 
subsection shall include— 
(A) a dredged material budget for each wa-
tershed 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, 
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and the estimated timing for obtaining such 
dredged material; 
(C) an identification of potential water re-
sources development projects projected to be car-
ried out within the district during such 5-year 
period that are suitable for, or that require, the 
placement of dredged material, and an estimate 
of the amount of dredged material placement ca-
pacity of such projects; 
(D) an evaluation of— 
(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 (including 
the effects on living coral) of using the 
dredged material for beneficial uses, includ-
ing, in the case of beneficial use activities 
that involve more than one water resources 
development 
project, 
the 
benefits, 
effi-
ciencies, and impacts that result from the 
combined activities; 
(E) the district-wide goals for beneficial use 
of the dredged material, including any expected 
cost savings from aligning and coordinating 
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multiple projects (including projects across Corps 
districts) in the use of the dredged material; and 
(F) a description of potential beneficial use 
projects identified through stakeholder solicita-
tion and coordination. 
(3) PUBLIC COMMENT.—In developing each plan 
under this subsection, each District Commander shall 
provide notice and an opportunity for public com-
ment, including a solicitation for stakeholders to iden-
tify beneficial use projects, in order to ensure, to the 
extent practicable, that beneficial use of dredged mate-
rial is not foregone in a particular fiscal year or 
dredging cycle. 
(4) PUBLIC AVAILABILITY.—Upon submission of 
each plan to the Secretary under this subsection, each 
District Commander shall make the plan publicly 
available, including on a publicly available website. 
(5) TRANSMISSION TO CONGRESS.—As soon as 
practicable after receiving a plan under subsection 
(a), the Secretary shall transmit the plan to Congress. 
(6) REGIONAL SEDIMENT MANAGEMENT PLANS.— 
A plan developed under this section— 
(A) shall be in addition to regional sedi-
ment management plans prepared under section 
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204(a) of the Water Resources Development Act 
of 1992 (33 U.S.C. 2326(a)); and 
(B) shall not be subject to the limitations in 
section 204(g) of the Water Resources Develop-
ment Act of 1992 (33 U.S.C. 2326(g)). 
(d) DREDGE PILOT PROGRAM.— 
(1) REVISIONS.—Section 1111 of the Water Re-
sources 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 Development 
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 inland 
harbors’’ and inserting ‘‘, inland harbors, or in-
land or intracoastal waterways’’. 
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(2) COORDINATION
WITH
EXISTING
AUTHORI-
TIES.—The Secretary may carry out the dredge pilot 
program authorized by section 1111 of the Water Re-
sources Development Act of 2018 (33 U.S.C. 2326 
note) in coordination with Federal regional dredge 
demonstration programs in effect on the date of enact-
ment of this Act. 
SEC. 126. AQUATIC ECOSYSTEM RESTORATION FOR ANAD-
ROMOUS FISH. 
(a) ANADROMOUS FISH HABITAT AND PASSAGE.—Sec-
tion 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 sec-
tion may include measures to improve habitat 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-
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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 (a)(3) 
equal priority for implementation as other projects under 
this section.’’. 
SEC. 127. ANNUAL REPORT TO CONGRESS ON WATER RE-
SOURCES INFRASTRUCTURE. 
(a) IN GENERAL.—Section 7001 of the Water Re-
sources Reform and Development Act of 2014 (33 U.S.C. 
2282d) is amended— 
(1) in subsection (c)— 
(A) in paragraph (1)— 
(i) in subparagraph (B)(ii)(III), by 
inserting ‘‘, regional, or local’’ after ‘‘na-
tional’’; and 
(ii) by adding at the end the following: 
‘‘(D) MODIFICATIONS
OF
PROJECTS
CAR-
RIED OUT PURSUANT TO CONTINUING AUTHORITY 
PROGRAMS.— 
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‘‘(i) IN GENERAL.—With respect to a 
project being carried out pursuant to a con-
tinuing authority program for which a pro-
posed modification is necessary because the 
project is projected to exceed, in the coming 
fiscal year, the maximum Federal cost of 
the project, the Secretary shall include a 
proposed modification in the annual report 
if the proposed modification will result in 
completion of construction the project and 
the justification for the modification is not 
the result of a change in the scope of the 
project. 
‘‘(ii) INCLUSION.—For each proposed 
modification included in an annual report 
under clause (i), the Secretary shall include 
in the annual report— 
‘‘(I) a justification of why the 
modification is necessary; 
‘‘(II) an estimate of the total cost 
and timeline required to complete con-
struction of the project; and 
‘‘(III) an indication of continued 
support by the non-Federal interest 
and the financial ability of the non- 
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Federal interest to provide the required 
cost-share. 
‘‘(iii) DEFINITION.—For the purposes 
of this subparagraph, the term ‘continuing 
authority program’ means any of— 
‘‘(I) section 14 of the Flood Con-
trol Act of 1946 (33 U.S.C. 701r); 
‘‘(II) section 3 of the Act of Au-
gust 13, 1946 (33 U.S.C. 426g); 
‘‘(III) section 107 of the River 
and Harbor Act of 1960 (33 U.S.C. 
577); 
‘‘(IV) section 111 of the River and 
Harbor Act of 1968 (33 U.S.C. 426i); 
‘‘(V) section 204 of the Water Re-
sources Development Act of 1992 (33 
U.S.C. 2326); 
‘‘(VI) section 205 of the Flood 
Control Act of 1948 (33 U.S.C. 701s); 
‘‘(VII) section 206 of the Water 
Resources Development Act of 1996 (33 
U.S.C. 2330); 
‘‘(VIII) section 2 of the Act of Au-
gust 28, 1937 (33 U.S.C. 701g); and 
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‘‘(IX) section 1135 of the Water 
Resources Development Act of 1986 (33 
U.S.C. 2309a).’’; and 
(B) in paragraph (4)(B)— 
(i) in clause (i), by striking ‘‘and’’ at 
the end; 
(ii) by redesignating clause (ii) as 
clause (iii); and 
(iii) 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 in-
clusion in the annual report solely on the 
basis that the proposals are for the purposes 
of navigation, flood risk management, eco-
system restoration, or municipal or agricul-
tural water supply; and’’; and 
(2) in subsection (g)(5), by striking ‘‘if author-
ized’’ and all that follows through ‘‘2016’’. 
(b) OVER-BUDGET CAP PROGRAMS.—For any project 
carried out under a continuing authority program, as such 
term is defined in section 7001(c)(1)(D) of the Water Re-
sources Reform and Development Act of 2014 (33 U.S.C. 
2282d)), for which the Secretary is required to include a 
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proposed modification in an annual report under such sec-
tion 7001(c)(1)(D), the Secretary shall, to the extent prac-
ticable, inform the non-Federal interest of the process for 
carrying out the project pursuant to section 105 of the 
Water Resources Development Act of 1986 (33 U.S.C. 2215) 
and whether the Secretary has the authority to complete a 
feasibility study for the project. 
(c) ANNUAL REPORT
ON STATUS
OF FEASIBILITY 
STUDIES.—Concurrent with each report submitted under 
section 7001 of the Water Resources Reform and Develop-
ment Act of 2014 (33 U.S.C. 2282d), the Secretary shall 
submit to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a report that 
provides for an accounting of all outstanding feasibility 
studies being conducted by the Secretary, including, for 
each such study, its length, cost, and expected completion 
date. 
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 im-
plement measures to effectively detect, prevent, treat, and 
eliminate, harmful algal blooms associated with water re-
sources development projects. 
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(b) CONSULTATION; USE OF EXISTING DATA AND PRO-
GRAM AUTHORITIES.—In carrying out the demonstration 
program under subsection (a), the Secretary shall— 
(1) consult with the heads of appropriate Federal 
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 Re-
search and Development Center pursuant to section 
1109 of the Water Resources Development Act of 2018 
(33 U.S.C. 610 note). 
(c) FOCUS AREAS.—In carrying out the demonstration 
program under subsection (a), the Secretary shall undertake 
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 Lou-
isiana, the waterways of the counties that comprise the Sac-
ramento-San Joaquin Delta, California, the Allegheny Res-
ervoir Watershed, New York, and Lake Okeechobee, Florida. 
(d) ADDITIONAL FOCUS AREAS.—In addition to the 
areas described in subsection (c), in carrying out the dem-
onstration program under subsection (a), the Secretary 
shall undertake program activities related to harmful algal 
blooms at any Federal reservoir located in the Upper Mis-
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souri River Basin or the North Platte River Basin, at the 
request and expense of another Federal agency. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary $25,000,000 
to carry out this section. Such sums shall remain available 
until expended. 
SEC. 129. 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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interception-rearing complex design, including any 
effects on existing flows, flood risk management, and 
navigation; and 
(3) develops a plan— 
(A) to repair dikes and revetments that are 
affecting flood risk and bank erosion; and 
(B) to establish, repair, or improve water 
control structures at the headworks of constructed 
shallow water habitat side-channels. 
(c) FUTURE IRC CONSTRUCTION.— 
(1) PUBLIC COMMENT.—The Secretary shall pro-
vide an opportunity for comment from the public and 
the Governor of each affected State on any proposals 
to construct an interception-rearing complex after the 
date of enactment of this Act. 
(2) PERIOD.—The public comment period re-
quired by paragraph (1) shall be not less than 90 
days for each proposal to construct an interception- 
rearing complex on the Missouri River. 
SEC. 130. MATERIALS, SERVICES, AND FUNDS FOR REPAIR, 
RESTORATION, 
OR 
REHABILITATION 
OF 
PROJECTS. 
(a) DEFINITIONS.—In this section: 
(1) COVERED AREA.—The term ‘‘covered area’’ 
means an area— 
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(A) for which the Governor of a State has 
requested a determination that an emergency ex-
ists; or 
(B) covered by an emergency or major dis-
aster declaration declared under the Robert T. 
Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5121 et seq.). 
(2) EMERGENCY PERIOD.—The term ‘‘emergency 
period’’ means— 
(A) with respect to a covered area described 
in paragraph (1)(A), the period during which 
the Secretary determines an emergency exists; 
and 
(B) with respect to a covered area described 
in paragraph (1)(B), the period during which 
the applicable declaration is in effect. 
(b) IN GENERAL.—In any covered area, the Secretary 
is authorized to accept and use materials, services, and 
funds, during the emergency period, from a non-Federal in-
terest or private entity to repair, restore, or rehabilitate a 
federally authorized water resources development project, 
and to provide reimbursement to such non-Federal interest 
or private entity for such materials, services, and funds, 
in the Secretary’s sole discretion, and subject to the avail-
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ability of appropriations, if the Secretary determines that 
reimbursement is in the public interest. 
(c) ADDITIONAL REQUIREMENT.—The Secretary may 
only reimburse for the use of materials or services accepted 
under this section if such materials or services meet the Sec-
retary’s specifications and comply with all applicable laws 
and regulations that would apply if such materials and 
services were acquired by the Secretary, including sections 
3141 through 3148 and 3701 through 3708 of title 40, 
United States Code, section 8302 of title 41, United States 
Code, and the National Environmental Policy Act of 1969. 
(d) AGREEMENTS.— 
(1) IN GENERAL.—Prior to the acceptance of ma-
terials, services, or funds under this section, the Sec-
retary and the non-Federal interest or private entity 
shall enter into an agreement that specifies— 
(A) the non-Federal interest or private enti-
ty shall hold and save the United States free 
from any and all damages that arise from use of 
materials or services of the non-Federal interest 
or private entity, except for damages due to the 
fault or negligence of the United States or its 
contractors; 
(B) the non-Federal interest or private enti-
ty shall certify that the materials or services 
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comply with all applicable laws and regulations 
under subsection (c); and 
(C) any other term or condition required by 
the Secretary. 
(2) EXCEPTION.—If an agreement under para-
graph (1) was not entered prior to materials or serv-
ices being contributed, a non-Federal interest or pri-
vate entity shall enter into an agreement with the 
Secretary that— 
(A) specifies the value, as determined by the 
Secretary, of those materials or services contrib-
uted and eligible for reimbursement; and 
(B) ensures that the materials or services 
comply with subsection (c) and paragraph (1). 
SEC. 131. LEVEE SAFETY. 
Section 9004 of the Water Resources Development Act 
of 2007 (33 U.S.C. 3303) is amended by adding at the end 
the following: 
‘‘(d) IDENTIFICATION OF DEFICIENCIES.— 
‘‘(1) IN GENERAL.—For each levee included in 
an inventory established under subsection (b) or for 
which the Secretary has conducted a review under 
subsection (c), the Secretary shall— 
‘‘(A) identify the specific engineering and 
maintenance deficiencies, if any; and 
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‘‘(B) describe the recommended remedies to 
correct each deficiency identified under subpara-
graph (A), and, if requested by owner of a non- 
Federal levee, the associated costs of those rem-
edies. 
‘‘(2) CONSULTATION.—In identifying deficiencies 
and describing remedies for a levee under paragraph 
(1), the Secretary shall consult with relevant non-Fed-
eral interests, including by providing an opportunity 
for comment by those non-Federal interests.’’. 
SEC. 132. NATIONAL DAM SAFETY PROGRAM. 
(a) DEFINITIONS.—Section 2 of the National Dam 
Safety Program Act (33 U.S.C. 467) is amended— 
(1) in paragraph (4)— 
(A) in subparagraph (A)— 
(i) by striking clause (iii) and insert-
ing the following: 
‘‘(iii) has an emergency action plan 
that— 
‘‘(I) is approved by the relevant 
State dam safety agency; or 
‘‘(II) is in conformance with 
State law and pending approval by the 
relevant State dam safety agency;’’; 
and 
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(ii) by striking clause (iv) and insert-
ing the following: 
‘‘(iv) fails to meet minimum dam safe-
ty standards of the State in which the dam 
is located, as determined by the State; and 
‘‘(v) poses an unacceptable risk to the 
public, as determined by the Administrator, 
in consultation with the Board.’’; and 
(B) in subparagraph (B)(i), by inserting 
‘‘under a hydropower project with an authorized 
installed 
capacity 
of 
greater 
than 
1.5 
megawatts’’ after ‘‘dam’’; and 
(2) in paragraph (10)— 
(A) in the heading, by striking ‘‘NON-FED-
ERAL SPONSOR’’ and inserting ‘‘ELIGIBLE SUB-
RECIPIENT’’; and 
(B) by striking ‘‘The term ‘non-Federal 
sponsor’ ’’ and inserting ‘‘The term ‘eligible sub-
recipient’ ’’. 
(b) REHABILITATION OF HIGH HAZARD POTENTIAL 
DAMS.— 
(1) ESTABLISHMENT
OF
PROGRAM.—Section 
8A(a) of the National Dam Safety Program Act (33 
U.S.C. 467f–2(a)) is amended by striking ‘‘to non- 
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Federal sponsors’’ and inserting ‘‘to States with dam 
safety programs’’. 
(2) ELIGIBLE ACTIVITIES.—Section 8A(b) of the 
National Dam Safety Program Act (33 U.S.C. 467f– 
2(b)) is amended, in the matter preceding paragraph 
(1), by striking ‘‘for a project may be used for’’ and 
inserting ‘‘to a State may be used by the State to 
award grants to eligible subrecipients for’’. 
(3) AWARD OF GRANTS.—Section 8A(c) of the 
National Dam Safety Program Act (33 U.S.C. 467f– 
2(c)) is amended— 
(A) in paragraph (1)(A), by striking ‘‘non- 
Federal sponsor’’ and inserting ‘‘State’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (A), by striking 
‘‘an eligible high hazard potential dam to a 
non-Federal sponsor’’ and inserting ‘‘eligi-
ble high hazard potential dams to a State’’; 
(ii) in subparagraph (B)— 
(I) in the subparagraph heading, 
by striking ‘‘PROJECT GRANT’’ and in-
serting ‘‘GRANT’’; 
(II) by striking ‘‘project grant 
agreement with the non-Federal spon-
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sor’’ and inserting ‘‘grant agreement 
with the State’’; and 
(III) by striking ‘‘project,’’ and 
inserting ‘‘projects for which the grant 
is awarded,’’; 
(iii) by amending subparagraph (C) to 
read as follows: 
‘‘(C) GRANT
ASSURANCE.—As part of a 
grant agreement under subparagraph (B), the 
Administrator shall require that each eligible 
subrecipient to which the State awards a grant 
under this section provides an assurance, with 
respect to the dam to be rehabilitated by the eli-
gible subrecipient, that the dam owner will carry 
out a plan for maintenance of the dam during 
the expected life of the dam.’’; and 
(iv) in subparagraph (D), by striking 
‘‘A grant provided under this section shall 
not exceed’’ and inserting ‘‘A State may not 
award a grant to an eligible subrecipient 
under this section that exceeds, for any 1 
dam,’’. 
(4) REQUIREMENTS.—Section 8A(d) of the Na-
tional Dam Safety Program Act (33 U.S.C. 467f– 
2(d)) is amended— 
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(A) in paragraph (1), by inserting ‘‘to an 
eligible subrecipient’’ after ‘‘this section’’; 
(B) in paragraph (2)— 
(i) in the paragraph heading, by strik-
ing ‘‘NON-FEDERAL SPONSOR’’ and insert-
ing ‘‘ELIGIBLE SUBRECIPIENT’’; 
(ii) in the matter preceding subpara-
graph (A), by striking ‘‘the non-Federal 
sponsor shall’’ and inserting ‘‘an eligible 
subrecipient shall, with respect to the dam 
to be rehabilitated by the eligible sub-
recipient’’; 
(iii) by amending subparagraph (A) to 
read as follows: 
‘‘(A) demonstrate that the community in 
which the dam is located participates in, and 
complies with, all applicable Federal flood insur-
ance programs, including demonstrating that 
such community is participating in the National 
Flood Insurance Program, and is not on proba-
tion, suspended, or withdrawn from such Pro-
gram;’’; 
(iv) in subparagraph (B), by striking 
‘‘have’’ and inserting ‘‘beginning not later 
than 2 years after the date on which the Ad-
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ministrator publishes criteria for hazard 
mitigation plans under paragraph (3), 
demonstrate that the Tribal or local govern-
ment with jurisdiction over the area in 
which the dam is located has’’; and 
(v) in subparagraph (C), by striking 
‘‘50-year period’’ and inserting ‘‘expected 
life of the dam’’; and 
(C) by adding at the end the following: 
‘‘(3) HAZARD MITIGATION PLAN CRITERIA.—Not 
later than 1 year after the date of enactment of this 
paragraph, the Administrator, in consultation with 
the Board, shall publish criteria for hazard mitiga-
tion plans required under paragraph (2)(B).’’. 
(5) FLOODPLAIN MANAGEMENT PLANS.—Section 
8A(e) of the National Dam Safety Program Act (33 
U.S.C. 467f–2(e)) is amended— 
(A) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘the non-Federal 
sponsor’’ and inserting ‘‘an eligible sub-
recipient’’; and 
(ii) in subparagraph (B), by striking 
‘‘1 year’’ and inserting ‘‘2 years’’ each place 
it appears; and 
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3689 
(B) by striking paragraph (3) and inserting 
the following: 
‘‘(3) PLAN
CRITERIA
AND
TECHNICAL
SUP-
PORT.—The Administrator, in consultation with the 
Board, shall provide criteria, and may provide tech-
nical support, for the development and implementa-
tion of floodplain management plans prepared under 
this subsection.’’. 
(6) 
CONTRACTUAL
REQUIREMENTS.—Section 
8A(i)(1) of the National Dam Safety Program Act 
(33 U.S.C. 467f–2(i)(1)) is amended by striking ‘‘a 
non-Federal sponsor’’ and inserting ‘‘an eligible sub-
recipient’’. 
SEC. 133. REHABILITATION OF CORPS OF ENGINEERS CON-
STRUCTED PUMP STATIONS. 
(a) DEFINITIONS.—In this section: 
(1) ELIGIBLE PUMP STATION.—The term ‘‘eligi-
ble pump station’’ means a pump station— 
(A) constructed, in whole or in part, by the 
Corps of Engineers for flood risk management 
purposes; 
(B) that the Secretary has identified as hav-
ing a major deficiency; and 
(C) the failure of which the Secretary has 
determined would impair the function of a flood 
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risk management project constructed by the 
Corps of Engineers. 
(2) REHABILITATION.— 
(A) IN
GENERAL.—The term ‘‘rehabilita-
tion’’, with respect to an eligible pump station, 
means to address a major deficiency of the eligi-
ble pump station caused by long-term degrada-
tion of the foundation, construction materials, or 
engineering systems or components of the eligible 
pump station. 
(B) INCLUSIONS.—The term ‘‘rehabilita-
tion’’, with respect to an eligible pump station, 
includes— 
(i) the incorporation into the eligible 
pump station of— 
(I) current design standards; 
(II) efficiency improvements; and 
(III) associated drainage; and 
(ii) increasing the capacity of the eligi-
ble pump station, subject to the condition 
that the increase shall— 
(I) significantly decrease the risk 
of loss of life and property damage; or 
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(II) decrease total lifecycle reha-
bilitation costs for the eligible pump 
station. 
(b) AUTHORIZATION.—The Secretary may carry out 
rehabilitation of an eligible pump station, if the Secretary 
determines that the rehabilitation is feasible. 
(c) COST SHARING.—The non-Federal interest for the 
eligible pump station shall— 
(1) provide 35 percent of the cost of rehabilita-
tion of an eligible pump station carried out under 
this section; and 
(2) provide all land, easements, rights-of-way, 
and necessary relocations associated with the rehabili-
tation described in subparagraph (A), at no cost to 
the Federal Government. 
(d) AGREEMENT REQUIRED.—The rehabilitation of an 
eligible pump station pursuant to this section shall be initi-
ated only after a non-Federal interest has entered into a 
binding agreement with the Secretary— 
(1) to pay the non-Federal share of the costs of 
rehabilitation under subsection (c); and 
(2) to pay 100 percent of the operation and 
maintenance costs of the rehabilitated eligible pump 
station, in accordance with regulations promulgated 
by the Secretary. 
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3727 
SEC. 157. FORECAST-INFORMED RESERVOIR OPERATIONS. 
Section 1222 of the Water Resources Development Act 
of 2018 (128 Stat. 3811) is amended by adding at the end 
the following: 
‘‘(c) ADDITIONAL
UTILIZATION
OF
FORECAST-IN-
FORMED RESERVOIR OPERATIONS.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this subsection, the Secretary 
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 any additional opportunities iden-
tified for utilizing forecast-informed reservoir oper-
ations across the United States, including an assess-
ment of the viability of forecast-informed reservoir op-
erations in the Upper Missouri River Basin and the 
North Platte River Basin. 
‘‘(2) FORECAST-INFORMED
RESERVOIR
OPER-
ATIONS.— 
‘‘(A) AUTHORIZATION.—If the Secretary de-
termines, and includes in the report submitted 
under paragraph (1), that forecast-informed res-
ervoir operations are viable at a reservoir in the 
Upper Missouri River Basin or the North Platte 
River Basin, including a reservoir for which the 
Secretary has flood control responsibilities under 
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‘‘(B) completes all of the Federal analyses, 
reviews, and compliance processes under the Na-
tional Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.), that would be required with 
respect to the proposed project if the Secretary 
had undertaken the feasibility study. 
‘‘(3) INITIATION OF REVIEW.— 
‘‘(A) REQUEST.— 
‘‘(i) SUBMISSION.—The non-Federal 
interest may submit to the Secretary a re-
quest that the Secretary initiate the anal-
yses, reviews, and compliance processes de-
scribed in paragraph (2)(B) with respect to 
the proposed project prior to the non-Fed-
eral interest’s submission of a feasibility 
study under subsection (a)(1). 
‘‘(ii) EFFECT.—Receipt by the Sec-
retary of a request submitted under clause 
(i) shall be considered the receipt of a pro-
posal or application that will lead to a 
major Federal action that is subject to the 
requirements of section 102(2)(C) of the Na-
tional Environmental Policy Act of 1969 
(42 U.S.C. 4332(2)(C)) that would be re-
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quired if the Secretary were to undertake 
the feasibility study. 
‘‘(B) DEADLINE.—Not later than 10 days 
after the Secretary receives a request under this 
paragraph, the Secretary shall begin the required 
analyses, reviews, and compliance processes. 
‘‘(4) NOTIFICATION.—Upon receipt of a request 
under paragraph (3), the Secretary shall notify the 
Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on 
Environment and Public Works of the Senate of the 
request and a timeline for completion of the required 
analyses, reviews, and compliance processes. 
‘‘(5) STATUS UPDATES.—Not later than 30 days 
after receiving a request under paragraph (3), and 
every 30 days thereafter until the Secretary submits 
an assessment under subsection (c) for the applicable 
feasibility study, the Secretary shall notify the Com-
mittee on Transportation and Infrastructure of the 
House of Representatives, the Committee on Environ-
ment and Public Works of the Senate, and the non- 
Federal interest of the status of the Secretary’s re-
quired analyses, reviews, and compliance processes.’’; 
and 
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‘‘(1) Claims data for air ambulance services fur-
nished by providers of such services, disaggregated by 
each of the following factors: 
‘‘(A) Whether such services were furnished 
on an emergent or nonemergent basis. 
‘‘(B) Whether the provider of such services 
is part of a hospital-owned or sponsored pro-
gram, municipality-sponsored program, hospital 
independent partnership (hybrid) program, inde-
pendent program, or tribally operated program 
in Alaska. 
‘‘(C) Whether the transport in which the 
services were furnished originated in a rural or 
urban area. 
‘‘(D) The type of aircraft (such as rotor 
transport or fixed wing transport) used to fur-
nish such services. 
‘‘(E) Whether the provider of such services 
has a contract with the plan or issuer, as appli-
cable, to furnish such services under the plan or 
coverage, respectively. 
‘‘(2) Such other information regarding providers 
of air ambulance services as the Secretary may speci-
fy.’’. 
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‘‘(I) if the student is a single par-
ent, and the adjusted gross income is 
equal to or less than 400 percent of the 
poverty line; 
‘‘(II) if the student is a parent 
and is not a single parent, and the ad-
justed gross income is equal to or less 
than 350 percent of the poverty line; or 
‘‘(III) if the student is not a par-
ent, and the adjusted gross income is 
equal to or less than 275 percent of the 
poverty line. 
‘‘(D) A student eligible for the total max-
imum Federal Pell Grant under subparagraph 
(A) who has (or whose spouse or parent, as ap-
plicable based on whose information is used 
under such subparagraph, has) foreign income 
that would, if added to adjusted gross income, re-
sult in the student no longer being eligible for 
such total maximum Federal Pell Grant, shall 
not be provided a Federal Pell Grant until the 
student aid administrator evaluates the student’s 
FAFSA and makes a determination regarding 
whether it is appropriate to make an adjustment 
under section 479A(b)(1)(B)(v) to account for 
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able under the contract for aquifer recharge 
on eligible land. 
(B) AUTHORIZED PROJECT USE.—The use 
of a Reclamation facility for aquifer recharge 
under subparagraph (A) shall be considered an 
authorized use for the Reclamation project if re-
quested by a holder of a water service or repay-
ment contract for the Reclamation facility. 
(C) MODIFICATIONS
TO
CONTRACTS.—The 
Secretary may contract with a holder of a water 
service or repayment contract for a Reclamation 
project under subparagraph (A) if the Secretary 
determines that a new contract or contract 
amendment described in that subparagraph is— 
(i) necessary to allow for the use of 
water available under the contract for aqui-
fer recharge under this subsection; 
(ii) in the best interest of the Reclama-
tion project and the United States; and 
(iii) approved by the contractor that is 
responsible for repaying the cost of construc-
tion, operations, and maintenance of the fa-
cility that delivers the water under the con-
tract. 
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