Water Resources Development Act of 2020

In the House of Representatives, U. S., December 8, 2020. Resolved, That the bill from the Senate (S. 1811) enti- tled ‘‘An Act to make technical corrections to the America’s Water Infrastructure Act of 2018, and for other purposes.’’, do pass with the following AMENDMENTS: Strike out all after the enacting clause and insert: SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1 (a) SHORT TITLE.—This Act may be cited as the 2 ‘‘Water Resources Development Act of 2020’’. 3 (b) TABLE OF CONTENTS.—The table of contents for 4 this Act is as follows: 5 Sec. 1. Short title; table of contents. Sec. 2. Secretary defined. TITLE I—GENERAL PROVISIONS Sec. 101. Budgetary treatment expansion and adjustment for the Harbor Mainte- nance Trust Fund. Sec. 102. Authorization of appropriations for navigation. Sec. 103. Annual report to Congress on the Harbor Maintenance Trust Fund. Sec. 104. Additional measures at donor ports and energy transfer ports. Sec. 105. Construction of water resources development projects by non-Federal in- terests. Sec. 106. Coast Guard anchorages. Sec. 107. State contribution of funds for certain operation and maintenance costs. Sec. 108. Great Lakes confined disposal facilities. Sec. 109. Inland waterway projects. Sec. 110. Implementation of water resources principles and requirements. Sec. 111. Resiliency planning assistance. Sec. 112. Project consultation. Sec. 113. Review of resiliency assessments. Sec. 114. Small flood control projects. Sec. 115. Flood Protection Projects. 2 •S 1811 EAH Sec. 116. Feasibility studies; review of natural and nature-based features. Sec. 117. Federal interest determination. Sec. 118. Pilot programs on the formulation of Corps of Engineers projects in rural communities and economically disadvantaged commu- nities. Sec. 119. Permanent measures to reduce emergency flood fighting needs for com- munities subject to repetitive flooding. Sec. 120. Emergency response to natural disasters. Sec. 121. Cost and benefit feasibility assessment. Sec. 122. Expediting repairs and recovery from flooding. Sec. 123. Review of Corps of Engineers assets. Sec. 124. Sense of Congress on multipurpose projects. Sec. 125. Beneficial use of dredged material; dredged material management plans. Sec. 126. Aquatic ecosystem restoration for anadromous fish. Sec. 127. Annual report to Congress on water resources infrastructure. Sec. 128. Harmful algal bloom demonstration program. Sec. 129. Missouri River interception-rearing complex construction. Sec. 130. Materials, services, and funds for repair, restoration, or rehabilitation of projects. Sec. 131. Levee safety. Sec. 132. National Dam Safety Program. Sec. 133. Rehabilitation of Corps of Engineers constructed pump stations. Sec. 134. Non-Federal Project Implementation Pilot Program. Sec. 135. Cost sharing provisions for territories and Indian Tribes. Sec. 136. Review of contracting policies. Sec. 137. Criteria for funding environmental infrastructure projects. Sec. 138. Aging infrastructure. Sec. 139. Uniformity of notification systems. Sec. 140. Coastal storm damage reduction contracts. Sec. 141. Dam remediation for ecosystem restoration. Sec. 142. Levee accreditation process; levee certifications. Sec. 143. Project partnership agreement. Sec. 144. Acceptance of funds for harbor dredging. Sec. 145. Replacement capacity. Sec. 146. Reviewing hydropower at Corps of Engineers facilities. Sec. 147. Repair and restoration of embankments. Sec. 148. Coastal mapping. Sec. 149. Interim risk reduction measures. Sec. 150. Maintenance dredging permits. Sec. 151. High water-low water preparedness. Sec. 152. Treatment of certain benefits and costs. Sec. 153. Lease deviations. Sec. 154. Sense of Congress on Arctic deep draft port development. Sec. 155. Small water storage projects. Sec. 156. Planning Assistance to States. Sec. 157. Forecast-informed reservoir operations. Sec. 158. Data for water allocation, supply, and demand. Sec. 159. Inland waterways pilot program. Sec. 160. Definition of economically disadvantaged community. Sec. 161. Studies of water resources development projects by non-Federal interests. Sec. 162. Leveraging Federal infrastructure for increased water supply. Sec. 163. Sense of Congress on removal of unauthorized, manmade, flammable materials on Corps property. Sec. 164. Enhanced development program. Sec. 165. Continuing authority programs. 3 •S 1811 EAH TITLE II—STUDIES AND REPORTS Sec. 201. Authorization of proposed feasibility studies. Sec. 202. Expedited completions. Sec. 203. Expedited modifications of existing feasibility studies. Sec. 204. Assistance to non-Federal sponsors; feasibility analysis. Sec. 205. Selma, Alabama. Sec. 206. Report on Corps of Engineers facilities in Appalachia. Sec. 207. Additional studies under North Atlantic Coast Comprehensive Study. Sec. 208. South Atlantic coastal study. Sec. 209. Comprehensive study of the Sacramento River, Yolo Bypass, California. Sec. 210. Lake Okeechobee regulation schedule, Florida. Sec. 211. Great Lakes coastal resiliency study. Sec. 212. Report on the status of restoration in the Louisiana coastal area. Sec. 213. Lower Mississippi River comprehensive management study. Sec. 214. Upper Mississippi River Comprehensive Plan. Sec. 215. Upper Missouri River Basin mainstem dam fish loss research. Sec. 216. Lower and Upper Missouri River Comprehensive Flood Protection. Sec. 217. Portsmouth Harbor and Piscataqua River and Rye Harbor, New Hampshire. Sec. 218. Cougar and Detroit Dams, Willamette River Basin, Oregon. Sec. 219. Port Orford, Oregon. Sec. 220. Wilson Creek and Sloan Creek, Fairview, Texas. Sec. 221. Study on water supply and water conservation at water resources devel- opment projects. Sec. 222. Report to Congress on authorized studies and projects. Sec. 223. Completion of reports and materials. Sec. 224. Emergency flooding protection for lakes. Sec. 225. Report on debris removal. Sec. 226. Report on antecedent hydrologic conditions. Sec. 227. Subsurface drain systems research and development. Sec. 228. Report on corrosion prevention activities. Sec. 229. Annual reporting on dissemination of information. Sec. 230. Report on benefits calculation for flood control structures. TITLE III—DEAUTHORIZATIONS AND MODIFICATIONS Sec. 301. Deauthorization of inactive projects. Sec. 302. Abandoned and inactive noncoal mine restoration. Sec. 303. Tribal partnership program. Sec. 304. Lakes program. Sec. 305. Rehabilitation of Corps of Engineers constructed dams. Sec. 306. Chesapeake Bay Environmental Restoration and Protection Program. Sec. 307. Upper Mississippi River System Environmental Management Program. Sec. 308. Upper Mississippi River protection. Sec. 309. Theodore Ship Channel, Mobile, Alabama. Sec. 310. McClellan-Kerr Arkansas River Navigation System. Sec. 311. Ouachita and Black Rivers, Arkansas and Louisiana. Sec. 312. Lake Isabella, California. Sec. 313. Lower San Joaquin River flood control project. Sec. 314. Sacramento River, Glenn-Colusa, California. Sec. 315. San Diego River and Mission Bay, San Diego County, California. Sec. 316. San Francisco, California, Waterfront Area. Sec. 317. Western Pacific Interceptor Canal, Sacramento River, California. Sec. 318. Rio Grande Environmental Management Program, Colorado, New Mex- ico, and Texas. 4 •S 1811 EAH Sec. 319. New London Harbor Waterfront Channel, Connecticut. Sec. 320. Wilmington Harbor, Delaware. Sec. 321. Wilmington Harbor South Disposal Area, Delaware. Sec. 322. Washington Harbor, District of Columbia. Sec. 323. Big Cypress Seminole Indian Reservation Water Conservation Plan, Florida. Sec. 324. Central Everglades, Florida. Sec. 325. Miami River, Florida. Sec. 326. Julian Keen, Jr. Lock and Dam, Moore Haven, Florida. Sec. 327. Taylor Creek Reservoir and Levee L–73 (Section 1), Upper St. Johns River Basin, Florida. Sec. 328. Extinguishment of flowage easements, Rough River Lake, Kentucky. Sec. 329. Calcasieu River and Pass, Louisiana. Sec. 330. Camden Harbor, Maine. Sec. 331. Cape Porpoise Harbor, Maine, anchorage area designation. Sec. 332. Baltimore, Maryland. Sec. 333. Thad Cochran Lock and Dam, Amory, Mississippi. Sec. 334. Missouri river reservoir sediment management. Sec. 335. Portsmouth, New Hampshire. Sec. 336. Rahway flood risk management feasibility study, New Jersey. Sec. 337. San Juan-Chama project; Abiquiu Dam, New Mexico. Sec. 338. Flushing Bay and Creek Federal Navigation Channel, New York. Sec. 339. Rush River and Lower Branch Rush River, North Dakota. Sec. 340. Pawcatuck River, Little Narragansett Bay and Watch Hill Cove, Rhode Island and Connecticut. Sec. 341. Harris County, Texas. Sec. 342. Cap Sante Waterway, Washington. Sec. 343. Local government reservoir permit review. Sec. 344. Project modifications for improvement of environment. Sec. 345. Aquatic ecosystem restoration. Sec. 346. Surplus water contracts and water storage agreements. Sec. 347. No wake zones in navigation channels. Sec. 348. Limitation on contract execution in the Arkansas River Basin. Sec. 349. Waiver of non-Federal share of damages related to certain contract claims. Sec. 350. Reduced pricing for certain water supply storage. Sec. 351. Flood control and other purposes. Sec. 352. Additional assistance for critical projects. Sec. 353. Project modification authorizations. Sec. 354. Completion of maintenance and repair activities. Sec. 355. Project reauthorizations. Sec. 356. Conveyances. Sec. 357. Lake Eufaula advisory committee. Sec. 358. Repeal of Missouri River Task Force, North Dakota. Sec. 359. Repeal of Missouri River Task Force, South Dakota. Sec. 360. Conforming amendments. TITLE IV—WATER RESOURCES INFRASTRUCTURE Sec. 401. Project authorizations. Sec. 402. Special rules. Sec. 403. Authorization of projects based on feasibility studies prepared by non- Federal interests. 5 •S 1811 EAH TITLE V—OTHER MATTERS Sec. 501. Update on Invasive Species Policy Guidance. Sec. 502. Aquatic invasive species research. Sec. 503. Terrestrial noxious weed control pilot program. Sec. 504. Invasive species risk assessment, prioritization, and management. Sec. 505. Invasive species mitigation and reduction. Sec. 506. Aquatic invasive species prevention. Sec. 507. Invasive species in alpine lakes pilot program. Sec. 508. Murder hornet eradication pilot program. Sec. 509. Asian carp prevention and control pilot program. Sec. 510. Invasive species in noncontiguous States and territories pilot program. Sec. 511. Soil moisture and snowpack monitoring. Sec. 512. Great Lakes St. Lawrence Seaway Development Corporation. Sec. 513. Determination of budgetary effects. SEC. 2. SECRETARY DEFINED. 1 In this Act, the term ‘‘Secretary’’ means the Secretary 2 of the Army. 3 TITLE I—GENERAL PROVISIONS 4 SEC. 101. BUDGETARY TREATMENT EXPANSION AND AD- 5 JUSTMENT FOR THE HARBOR MAINTENANCE 6 TRUST FUND. 7 (a) IN GENERAL.—Section 14003 of division B of the 8 CARES Act (Public Law 116–136) is amended to read as 9 follows: 10 ‘‘SEC. 14003. Section 251(b)(2) of the Balanced Budget 11 and Emergency Deficit Control Act of 1985 (2 U.S.C. 12 901(b)(2)) is amended by adding at the end the following: 13 ‘‘ ‘(H) HARBOR MAINTENANCE ACTIVI- 14 TIES.—If, for any fiscal year, appropriations for 15 the Construction, Mississippi River and Tribu- 16 taries, and Operation and Maintenance accounts 17 of the Corps of Engineers are enacted that are 18 6 •S 1811 EAH derived from the Harbor Maintenance Trust 1 Fund established under section 9505(a) of the In- 2 ternal Revenue Code of 1986 and that the Con- 3 gress designates in statute as being for harbor 4 operations and maintenance activities, then the 5 adjustment for that fiscal year shall be the total 6 of such appropriations that are derived from 7 such Fund and designated as being for harbor 8 operations and maintenance activities, but shall 9 not exceed the sum of— 10 ‘‘ ‘(i) the amount deposited into the 11 Harbor Maintenance Trust Fund in the fis- 12 cal year that is two years prior to the fiscal 13 year for which the adjustment is being 14 made; and 15 ‘‘ ‘(ii) $2,000,000,000. 16 ‘‘ ‘(I) CERTAIN HARBOR MAINTENANCE AC- 17 TIVITIES.—If, for any of fiscal years 2021 18 through 2030, appropriations for the Operation 19 and Maintenance account of the Corps of Engi- 20 neers are enacted that the Congress designates in 21 statute as being to carry out subsection (c) of sec- 22 tion 2106 of the Water Resources Reform and 23 Development Act of 2014 (33 U.S.C. 2238c), then 24 the adjustment for that fiscal year shall be the 25 7 •S 1811 EAH total of such appropriations for that fiscal year 1 designated as being to carry out such subsection, 2 but shall not exceed— 3 ‘‘ ‘(i) $50,000,000 for fiscal year 2021; 4 ‘‘ ‘(ii) $50,000,000 for fiscal year 2022; 5 ‘‘ ‘(iii) $56,000,000 for fiscal year 6 2023; 7 ‘‘ ‘(iv) $58,000,000 for fiscal year 2024; 8 ‘‘ ‘(v) $60,000,000 for fiscal year 2025; 9 ‘‘ ‘(vi) $62,000,000 for fiscal year 2026; 10 ‘‘ ‘(vii) $64,000,000 for fiscal year 11 2027; 12 ‘‘ ‘(viii) $66,000,000 for fiscal year 13 2028; 14 ‘‘ ‘(ix) $68,000,000 for fiscal year 2029; 15 and 16 ‘‘ ‘(x) $70,000,000 for fiscal year 17 2030.’.’’. 18 (b) EFFECTIVE DATE.—The amendment made by sub- 19 section (a) shall take effect as if included in the enactment 20 of the CARES Act (Public Law 116–136). 21 SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR NAVI- 22 GATION. 23 (a) AUTHORIZATION.— 24 8 •S 1811 EAH (1) IN GENERAL.—In carrying out subsection (c) 1 of section 210 of the Water Resources Development 2 Act of 1986 (33 U.S.C. 2238), for each fiscal year, of 3 the funds made available under such section (includ- 4 ing funds appropriated from the Harbor Maintenance 5 Trust Fund), the Secretary is authorized to make ex- 6 penditures to pay for operation and maintenance 7 costs of the harbors and inland harbors referred to in 8 subsection (a)(2) of such section, to the extent there 9 are identifiable operations and maintenance needs, 10 of— 11 (A) not less than 15 percent of such funds 12 for emerging harbor projects, including eligible 13 breakwater and jetty needs at such harbor 14 projects; 15 (B) not less than 13 percent of such funds 16 for projects that are located within the Great 17 Lakes Navigation System; 18 (C) 12 percent of such funds for expanded 19 uses carried out at donor ports and energy 20 transfer ports, of which— 21 (i) 1⁄3 shall be provided to energy 22 transfer ports; and 23 (ii) 2⁄3 shall be provided to donor ports; 24 9 •S 1811 EAH (D) not less than 17 percent of such funds 1 for projects that are assigned to commercial stra- 2 tegic seaports; and 3 (E) any remaining funds for operation and 4 maintenance costs of any harbor or inland har- 5 bor referre [Text truncated for display. 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