To improve flood protection and water resources enhancement and utilization along the Sacramento River and in the Yolo Bypass region of California, to improve policies and procedures for civil works projects of the Army Corps of Engineers, and for other purposes.

I 116TH CONGRESS 2D SESSION H. R. 6684 To improve flood protection and water resources enhancement and utilization along the Sacramento River and in the Yolo Bypass region of California, to improve policies and procedures for civil works projects of the Army Corps of Engineers, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 1, 2020 Ms. MATSUI (for herself and Mr. GARAMENDI) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To improve flood protection and water resources enhance- ment and utilization along the Sacramento River and in the Yolo Bypass region of California, to improve poli- cies and procedures for civil works projects of the Army Corps of Engineers, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act shall be known as the ‘‘Yolo Bypass System 4 Improvement Act of 2020’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 VerDate Sep 11 2014 17:19 May 09, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6684.IH H6684 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 6684 IH (1) GOVERNOR.—The term ‘‘Governor’’ means 1 the Governor of the State of California, acting 2 through the Director of the Department of Water 3 Resources and the President of the Central Valley 4 Flood Protection Board, or their designees. 5 (2) SECRETARY.—The term ‘‘Secretary’’ means 6 the Secretary of the Army, acting through the Chief 7 of Engineers. 8 (3) YOLO BYPASS SYSTEM.—The term ‘‘Yolo 9 Bypass System’’ means the system of weirs, levees, 10 bypass structures, lands and other measures in Cali- 11 fornia’s Sacramento River Valley, extending from 12 the Fremont Weir near Woodland, California, to the 13 Sacramento River near Rio Vista, California, author- 14 ized pursuant to section 2 of the Act of March 1, 15 1917 (chapter 144; 39 Stat. 948). 16 (4) YOLO BYPASS AND CACHE SLOUGH PART- 17 NERSHIP; PARTNERSHIP.—The terms ‘‘Yolo Bypass 18 and Cache Slough Partnership’’ and ‘‘Partnership’’ 19 mean the group of parties to the Yolo Bypass and 20 Cache Slough Memorandum of Understanding, effec- 21 tive May 2016, regarding collaboration and coopera- 22 tion in the Yolo Bypass and Cache Slough Region. 23 SEC. 3. YOLO BYPASS SYSTEM COMPREHENSIVE STUDY. 24 (a) COMPREHENSIVE STUDY.— 25 VerDate Sep 11 2014 17:19 May 09, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6684.IH H6684 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 6684 IH (1) IN GENERAL.—The Secretary, in collabora- 1 tion with the Governor and in coordination with the 2 participants described in paragraph (2), shall con- 3 duct a comprehensive study of the Yolo Bypass Sys- 4 tem that addresses multiple water resources and re- 5 lated objectives within the Yolo Bypass System, in- 6 cluding flood risk management, ecosystem restora- 7 tion, water quality and supply, agriculture, and 8 recreation. 9 (2) PARTICIPANTS.—In carrying out paragraph 10 (1), the Secretary and the Governor shall coordinate 11 with— 12 (A) the members of the Yolo Bypass and 13 Cache Slough Partnership; and 14 (B) other appropriate regional and local 15 agencies, municipalities, and counties, as deter- 16 mined appropriate by the Secretary and the 17 Governor. 18 (3) PRIOR INITIATIVES.—In conducting the 19 study under paragraph (1), the Secretary shall in- 20 corporate, to the maximum extent practicable, rel- 21 evant information and findings from prior and ongo- 22 ing initiatives addressing flood control in the Yolo 23 Bypass region, such as— 24 VerDate Sep 11 2014 17:19 May 09, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6684.IH H6684 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 6684 IH (A) prior studies and projects by the Sec- 1 retary, including the Sacramento River General 2 Reevaluation Report; 3 (B) the State of California Central Valley 4 Flood Protection Plan and Basin-Wide Feasi- 5 bility Study and Lower Sacramento River/Delta 6 North Regional Flood Management Plan; 7 (C) activities and findings of the Yolo By- 8 pass and Cache Slough Partnership; 9 (D) the Sacramento and San Joaquin 10 River Basins Comprehensive Study; 11 (E) the Governor’s Water Resilience Port- 12 folio Initiative; and 13 (F) other applicable Federal, State, re- 14 gional, and local initiatives relating to flood 15 control, ecosystem restoration, water supply, or 16 agriculture. 17 (4) OBJECTIVES.—In conducting the study 18 under paragraph (1), the Secretary shall study ways 19 to— 20 (A) in carrying out studies and projects, 21 increase the role of non-Federal sponsors by 22 more fully incorporating the capabilities of the 23 non-Federal sponsors in areas such as per- 24 sonnel and funding resources, technical exper- 25 VerDate Sep 11 2014 17:19 May 09, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6684.IH H6684 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 6684 IH tise and experience, and knowledge in project 1 planning, design, construction, real estate ac- 2 quisition, contracting, project operation, and 3 maintenance; 4 (B) improve the Secretary’s approach to 5 review and implementation of system-wide, mul- 6 tipurpose water resources investigations with 7 the goal of increasing the likelihood of favorable 8 recommendations for congressional approval; 9 (C) improve the process for evaluating 10 flood risk management for urban areas; 11 (D) improve the quantification and identi- 12 fication of benefits provided by water resource 13 development projects, including consideration of 14 benefits relating to life safety, disadvantaged 15 communities, business continuity, economic op- 16 portunity, and emergency operations; 17 (E) incorporate the latest technical data 18 and scientific approaches to changing hydro- 19 logic and climatic conditions; 20 (F) improve the Secretary’s ability to as- 21 sess potential damage reduction to lands in ag- 22 ricultural production, taking into account 23 trends in conversion to higher-value crops; 24 VerDate Sep 11 2014 17:19 May 09, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6684.IH H6684 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 6684 IH (G) improve the Secretary’s ability to con- 1 sider potential flood risk management projects 2 based on an integrated system basis rather than 3 a solely incremental basis, using multi-benefit 4 analyses; 5 (H) improve the Secretary’s analyses of 6 the costs of repetitive damages that are pre- 7 vented by completing a project, especially in 8 light of changes in hydrologic and climatic con- 9 ditions; and 10 (I) improve the Secretary’s ability to evalu- 11 ate ecosystem restoration and other environ- 12 mental benefits. 13 (5) REVIEW OF EXISTING AUTHORITIES.— 14 (A) IN GENERAL.—In conducting the 15 study under paragraph (1), the Secretary shall 16 include a review of existing Federal authorities, 17 including the Secretary’s guidance on imple- 18 menting such authorities, relating to flood risk 19 management and ecosystem restoration that 20 could be more effectively applied to the Yolo 21 Bypass System, with a focus on provisions of 22 the Water Resources Reform and Development 23 Act of 2014 (Public Law 113–121), the Water 24 Resources Development Act of 2016 (title I of 25 VerDate Sep 11 2014 17:19 May 09, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6684.IH H6684 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 6684 IH Public Law 114–322), and the Water Resources 1 Development Act of 2018 (title I of Public Law 2 115–270) relating to the Secretary’s review of 3 potential projects. 4 (B) INCLUSIONS.—In carrying out sub- 5 paragraph (A), the Secretary shall include con- 6 sideration of the following: 7 (i) The results of the studies and re- 8 ports under, and the implementation guid- 9 ance developed pursuant to, the following 10 authorities: 11 (I) Section 3023 of the Water 12 Resources Reform and Development 13 Act of 2014. 14 (II) Section 3024 of the Water 15 Resources Reform and Development 16 Act of 2014. 17 (III) Section 1103 of the Water 18 Resources Development Act of 2018. 19 (IV) Section 1204 of the Water 20 Resources Development Act of 2018. 21 (V) Section 1211 of the Water 22 Resources Development Act of 2018. 23 (VI) Section 1214 of the Water 24 Resources Development Act of 2018. 25 VerDate Sep 11 2014 17:19 May 09, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6684.IH H6684 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 6684 IH (ii) The authorities provided by, and 1 the requirements of, the following: 2 (I) Section 22 of the Water Re- 3 sources Development Act of 1974 (42 4 U.S.C. 1962d–16). 5 (II) Section 203 of the Water 6 Resources Development Act of 1986 7 (33 U.S.C. 2231). 8 (III) Section 204 of the Water 9 Resources Development Act of 1986 10 (33 U.S.C. 2232). 11 (IV) Section 906 of the Water 12 Resources Development Act of 1986 13 (33 U.S.C. 2283). 14 (V) The National Levee Safety 15 Act of 2007 (33 U.S.C. 3301 et seq.). 16 (VI) Section 3022 of the Water 17 Resources Reform and Development 18 Act of 2014 (33 U.S.C. 2351). 19 (b) IDENTIFICATION AND EXPEDITED COMPLETION 20 OF SPECIFIC STUDIES BY THE SECRETARY.— 21 (1) IDENTIFICATION.—Based on the study con- 22 ducted under subsection (a), the Secretary shall 23 identify site-specific studies of potential flood risk 24 management and ecosystem restoration projects 25 VerDate Sep 11 2014 17:19 May 09, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6684.IH H6684 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 6684 IH within the Yolo Bypass System that have potential 1 for resulting in projects that could be favorably rec- 2 ommended for action to Congress. 3 (2) AUTHORIZATION.—The Secretary shall con- 4 duct any site-specific study identified under para- 5 graph (1), on an expedited basis, subject to the 6 availability of appropriations. 7 (c) IDENTIFICATION OF SPECIFIC STUDIES AND INI- 8 TIATIVES BY OTHERS.— 9 (1) IDENTIFICATION.—The Secretary, in col- 10 laboration with the Governor and in coordination 11 with other Federal participants in the study con- 12 ducted under subsection (a), shall identify potential 13 additional studies and initiatives within the purview 14 of other Federal and State agencies to address, with 15 respect to the Yolo Bypass System— 16 (A) aquatic and related terrestrial re- 17 sources and habitat; 18 (B) water quality and supply; 19 (C) agricultural sustainability; and 20 (D) recreation. 21 (2) EFFECT ON OTHER ENTITIES.—Identifica- 22 tion of a study by the Secretary under paragraph 23 (1) shall not affect the authority of a Federal or 24 State agency to carry out the study. 25 VerDate Sep 11 2014 17:19 May 09, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H6684.IH H6684 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 6684 IH (d) INCORPORATION OF CONCURRENT INITIA- 1 TIVES.—In carrying out this section, the Secretary shall, 2 to the maximum extent practicable, incorporate findings 3 available from the Yolo Bypass System master plan pre- 4 pared under section 4, including baseline technical, hydro- 5 logic and hydraulic, and environmental information, and 6 incorporate the recommendations, policy guidance, and 7 project prioritization of the Yolo Bypass and Cache Slough 8 Partnership. 9 (e) COST SHARING.—The Federal share of the cost 10 of conducting the study authorized in subsection (a) shall 11 be 75 percent, and the non-Federal share shall be 25 per- 12 cent. The non-Federal share may be contributed in the 13 form of in-kind or cash contributions. 14 (f) REPORT TO CONGRESS.—Not later than 12 15 months after the date of enactment of this Act, the Sec- 16 retary shall transmit to the Committee on Transportation 17 and Infrastructure of the House of Representatives and 18 the Committee on Environment and Public Works of the 19 Senate a report containing— 20 (1) findings from the study conducted under 21 subsection (a); 22 (2) changes to policies that have been, or will 23 be, implemented as a result of the study conducted 24 under subsection (a), as they relate to the Yolo By- 25 VerDate Sep 11 2014 17:19 May 09, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H6684.IH H6684 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 6684 IH pass System and nationally, including such changes 1 resulting from the review of existing statutory au- 2 thority under subsection (a)(5); 3 (3) site-specific studies in the Yolo Bypass Sys- 4 tem that have been identified under subsection (b) 5 and the Secretary’s schedule for conducting such 6 studies; 7 (4) potential studies and initiatives by others 8 identified under subsection (c), along with the views 9 of those agencies having jurisdiction; 10 (5) recommendations for legislative changes 11 that are necessary to further the objectives described 12 in subsection (a), relating to the Yolo Bypass system 13 or nationally; and 14 (6) written views of the Governor on activities 15 undertaken pursuant to this section. 16 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 17 authorized to be appropriated to the Secretary to carry 18 out this section $1,000,000. 19 SEC. 4. YOLO BYPASS SYSTEM MASTER PLAN. 20 (a) IN GENERAL.—The Secretary, in collaboration 21 with the Governor and other Federal and non-Federal 22 agencies with jurisdiction over the Yolo Bypass System, 23 shall prepare a master plan for the study, implementation, 24 and regulation of flood risk management projects and re- 25 VerDate Sep 11 2014 17:19 May 09, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H6684.IH H6684 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 6684 IH lated water resources projects within the Yolo Bypass Sys- 1 tem. The Secretary and the Governor shall determine 2 other participants to be invited to participate in develop- 3 ment and implementation of the plan. 4 (b) OBJECTIVES.—The overarching purposes of the 5 master plan shall be to establish a framework for making 6 better, quicker, and well-coordinated multi-level inter- 7 agency decisions in the Yolo Bypass System for— 8 (1) the Secretary’s actions, relating to— 9 (A) civil works studies and projects under- 10 taken for flood risk management and ecosystem 11 restoration; and 12 (B) decisions on regulatory matters under 13 the Secretary’s jurisdiction, including actions to 14 better coordinate and facilitate programmatic 15 and regulatory decisions; and 16 (2) actions by other Federal, State, and local 17 agencies relating to implementing programs and 18 policies and making decisions on regulatory matters 19 within those agencies’ respective jurisdictions. 20 (c) SUPPORTING GOALS.—In preparing the plan, the [Text truncated for display. Full text available on Congress.gov.]